AGREEMENT FOR ACCESSING NEWBRIDGE SILVERWARE WEBSITE
TERMS AND CONDITIONS
- General Information
The Newbridge Cutlery Company UC trading as Newbridge Silverware ("We" and "Us") of Newbridge Industrial Estate, Newbridge, Co. Kildare, Ireland, a company registered in Ireland under company number 31783, provides this website www.newbridgesilverware.com. Our e-mail address is firstname.lastname@example.org. Our telephone number is +353(0)45431301. Our VAT number is IE8Z 135165
- The advertising by us of products on this website or by any other means which re-directs you to this website constitutes an invitation to treat. It does not constitute an offer by us to sell you any goods. By clicking “Make Payment” on our website you are making an offer to us to purchase the products on the basis of these Terms and Conditions. We shall be free to accept or decline this offer at our absolute discretion.
- The price of the goods which includes applicable taxes and delivery charges will be the price indicated on our website when you click "Make Payment". We are entitled to make adjustments to the price to take into account any increase in our supplier’s prices or the imposition of any new taxes or duties or if due to an error or omission the price of the products on our website is wrong.
- By sending an order confirmation by email to you, we accept your offer, at which point a contract will come into existence between us. Our contract will relate only to the products whose acceptance we have confirmed in that confirmation email.
- We are obliged by law to supply goods in conformity with the contract.
- This website is directed only at the residents of the countries set out in our delivery policy. No person outside those countries may enter into a contract with us.
- You are entitled by law to rights of withdrawal under Article 9 of Directive 2011/83/EC. These rights are set out in our Refunds and Returns Policy at this link.
- All descriptive matter, drawings, pictures, colours, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods.
- While we endeavour to ensure that the information on this website is correct we provide you with this website on an "as is" basis only, to the maximum extent permitted by law. You accept that access to this website may be suspended at any time and without notice in the case of system failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.
- We make no representation or warranties of any kind, express or implied, as to the operation of this website or the information, reliability, completeness or timeliness of the content, materials or services available on this website or that the use of the website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of this website is at your own risk.
- Your account
- If you have an account with us on this website then you are responsible for maintaining the confidentiality of this account and any related passwords and for restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.
Other than personally identifiable information about you (which is defined under our Data Protection Policy as "Personal Data") any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- We shall fully co-operate with any court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.
- Permitted use.
- You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; or (ii) purchasing products from us. Use of this website for any purpose other than the aforementioned private, non-commercial purposes is prohibited.
- You agree not to post or transfer to our website (nor include in any message) any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world;
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or
- which facilitates the misuse of this website (including, without limitation, hacking).
- We reserve the right to refuse orders in whole or in part.
- We reserve the right to change the engraving messages on gifts if deemed appropriate.
- Separate terms and conditions apply to commercial customers.
- Intellectual property.
- All information, data and materials presented on this website, including but not limited to names, logos, images, photographs, designs, prices, its source HTML code etc., as well as the colour scheme and the layout of the website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. In consideration of our agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights in this website belongs to us or our Licensors. Accordingly, no part of this website may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
- You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with paragraph 5.1 above.
- We reserve our right to take such action as we consider necessary, including issuing legal proceedings without further notice in relation to any unauthorised use of this website.
- Links to this website and from other websites.
- You may not establish and/or operate links to this website without our prior written consent. Such consent may be withdrawn at any time at our discretion.
- We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
- Links to third party websites from our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these third party websites and we do not control and are not responsible for third party websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any third party websites linked to our website, you do so entirely at your own risk.
- We reserve the right to modify or withdraw, temporarily or permanently, the website or any part thereof without notice to you and we confirm that we shall not be liable to you or any third party whether in contract or in tort for any modification to or withdrawal of the website.
- We further reserve the right to change the website conditions from time to time, and your continued use of the website, or any part of it, following such change shall be deemed to constitute your acceptance of such change.
- Limited liability.
- To the fullest extend permitted by law, we will not be held liable for any losses and/or damages arising from the use of this website or of any other website to which this website provides a link, and/or from the use of information presented on this or any such other website.
- Without limitation to the provisions of paragraph 8.1 above, we and any other party (whether or not involved in creating, producing, maintaining or delivering this website) , and any of our group companies and the officers, directors, employees, shareholders or agents of any of them and of our company exclude all liability and responsibility, whether in tort, negligence, contract, warranty or otherwise, in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website, for any amount or kind of loss or damage that may result to you or a third party, including without limitation: -
- any direct loss; or
- any special, indirect, punitive or consequential or pure economic loss, costs, damages, charges or expenses; ; or
- loss of income; or
- loss of profits; or
- depletion of goodwill or similar losses; or
- loss or corruption of data or information; or
- loss of contract; or
- loss of use of money; or
- loss or damages arising from or connected in any way to business interruption; or
- loss of goods; or
- loss of anticipated savings.
Further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
- Nothing in this legal notice shall exclude or limit our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misreprentation; or
- any liability which cannot be excluded or limited under applicable law.
In this Agreement:
- reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
- words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa;
- any reference to a party to this contract includes a reference to his successors in title and permitted assigns; and
- the headings to the conditions are for ease of reference only and shall not affect the interpretation or construction of this contract.
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish Courts. This is without prejudice to Article 6(2) of Rome 1 which allows you to have the benefit of protection of the mandatory consumer law provisions in your country of residence.
Nothing in these Terms & Conditions affects your statutory rights under law.
- If a dispute arises between us we recommend that you attempt to resolve it with us informally using the email address provided on our website.
- Alternatively, disputes may be submitted for online dispute resolution to the European Commission Online Dispute Resolution platform. The EU (Online Dispute Resolution for Consumer Disputes) Regulations 2015 requires all traders established in the EU, who engage in online sales or services contracts, and all online marketplaces established within the EU to provide a link to this platform which is available here - https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
The failure by us to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.