GENERAL BUSINESS TERMS AND CONDITIONS (hereinafter the “GBTC“)
These terms and conditions apply to all sales made to you via this website. By placing an order you are deemed to have accepted these terms and conditions. Please read and familiarize yourself with them. For all other terms and conditions of sale please refer to the Standard Terms and Conditions of Sale
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old and can provide proof of age upon request;
2. Representation of the products
We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order. Please note product shades and shapes may vary. All measurements are approximate. Should a particular product (or part of a product such as items comprising a hamper) be unavailable we reserve the right to substitute a similar item. If a particular model is unavailable an alternative may be supplied. We reserve the right to withdraw any item from sale without notice.
3. Purchase Orders
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.. All orders are subject to acceptance by us . When we received your payment we will confirm such acceptance to you by sending you an e-mail that confirms order status
All prices are final. Delivery costs are charged in addition to the product price and included in the total cost. Any additional charges are clearly displayed where applicable and included in the total cost
4. Consumer Rights
If you are a consumer (i.e. you are not purchasing either wholly or in part for your business, or you are not a business) you have the right under the Distance Selling Regulations to cancel the contract and receive a full refund. You have seven working days from the date of receipt of the goods to cancel your contract in writing to us at The Brazilian Story, 2 Roselawn, Bolton Woods, Callan, Co. Kilkenny or email@example.com following which you must return your order to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession.
If you fail to comply with this obligation we may have right of action against you for compensation.
This provision does not affect your statutory rights.
5. Returns Policy
You may, within 7 working days of receipt of your order, return any item in unused, original condition for a full refund. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy set out below.
Some of our products are fragile. Whilst every care will be taken to deliver the goods safely, inevitably some breakages may occur. In this event we will replace the damaged goods.
If you wish to return items, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
The return package, including written details of the reason for return, must be sent to the following address: E-Shop, 12 new street, Waterford, Ireland
6. Refund Policy
If you return items within the period mentioned above and in accordance with the terms of our Returns Policy, we will process the refund due to you as soon as possible and, in any case, within 30 days of receiving the returned items. In this case, we will refund the price of the product in full, including a refund of the original delivery charges charged to you. However, you will be responsible for returning the item to us in its original condition and all postal costs or other costs incurred when returning the product(s).
If you return the product because you are claiming that it is defective we will examine the returned product and will notify you of our findings and confirm whether you are entitled to a refund on the grounds that the product was defective. Defective products returned by you will be refunded in full, including a refund of the original delivery charges charged to you and the postal cost incurred by you in returning the item to us provided that a receipt for or evidence of such costs is provided.
Some of our products are fragile. Whilst every care will be taken to deliver the goods safely, inevitably some breakages may occur. In this event we will replace the damaged goods
7. Prices and payments
Prices are valid at the time of order.
Full payment must be made prior to despatch of the products, by credit or debit card.
We are using two merchants payment gateways, Both give you full security.
Moneybookers uses Secure Sockets Layer (SSL) technology to help protect user information against unauthorised access from third parties, loss and fraud. In addition, when a payment is sent using Moneybookers, the recipient won't receive sensitive financial information like the sender’s credit/debit card or bank account number. Moneybookers servers sit behind an electronic firewall and are not directly connected to the Internet, customer information is thus available only to authorized computers. More on http://www.moneybookers.com/app/
PayPal is designed from the ground up to be one of the safest ways to send money online. Unlike other financial institutions, our payments are sent without sharing financial information. In fact, PayPal never shares your financial information with or sells it to merchants. More https://www.paypal.com/ie/cgi-bin/webscr?cmd=_security-center-outside
As we don’t process your payments directly, we cannot accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. (See our Security Policy below)
We reserve the right to amend prices without notice from time to time.
The total cost of your order is the price of the products ordered plus delivery charges.
By completing the process for an on-line order you are confirming that the credit/debit card being used for the transaction(s) is yours.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
Card refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery
Your order will be dispatched within 3 working days from Purchase Confirmation (subject to any events that are beyond our reasonable control).
Delivery charges shown on the site are for addresses in Ireland and EU countries. Delivery charges will be dependant on the weight of the products ordered.
We will not be liable for any failure to perform or delay in performance of any of our obligations under a contract with you that is caused by events outside our reasonable control. We will use our reasonable endeavors to notify you if such an event occurs.
9.Risk and title
The products will be at your risk from the time of delivery to you. Allproducts and accessories are only for collector's purposes. Liquids may be poisonous if orally ingested. For their protection, please keep out of reach of children and pets.
10. Intellectual property
No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with our website in which intellectual property rights subsist.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with Irish and EU Law and all parties shall submit to the exclusive jurisdiction of the Irish Courts. If you have any queries or complaints please email firstname.lastname@example.org
12. Limitation of liability
We shall not be liable to pay any compensation to you, other than any refund as provided above. In particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part unless:
a) you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation; and
b) we have expressly confirmed in writing that we accept liability for such matters.
Our liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product.
We take your online security very seriously.
Our electronic department, is committed to respecting and protecting the privacy rights of our customers and all visitors to our web site. In order to show you our solid commitment we have created this privacy protection statement. The policy and the procedures of the private policy of our customers and visitors are described in detail as following.
Personal Information Protection
Our policy is to respect the privacy of our Users as well as the personal character of the electronic communication. Our users provide certain personal data (such as their name, address and e-mail) when they register in order for their transactions to be supported through the site, that is to send their purchases and to receive special services as history order, address list, etc. We will not distribute the electronic address of a User or other personal data for marketing purposes without the consent of the User. The personal data of the User can be exploited for the creation of personal context, services and advertisement relevant to our site.
Automatically Registered Information
The web server automatically registers some information and thus it help us to diagnose problems, to administer the Web site and to collect vaster demographic information. These information are anonymous (non-personally defining) and include the domain names and/ or the IP addresses of the browsers that visit our site, the date and time of visit and other non-personally defining information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this website (or part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to the website; and/or
change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
We reserve the right to withdraw any products from this website at any time and/or remove or credit any materials or content of this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.