Welcome to our website.
Babyshower.ie (“the Website”) is owned and operated by Glencove Web Industries Ltd with registered offices at 13A Seapoint, Riverstown Business Park, Tramore, Co. Waterford (“the Company”).
The term “Babyshower.ie” or “us” or “we” or “the Company” refers to the owner of the website whose registered office is 13A Seapoint, Riverstown Business Park, Tramore, Co. Waterford. Our company registration number is 475831.
The term “you” refers to the user or viewer of our website.
These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email us at email@example.com
Acknowledgement and Acceptance
The Company reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof.
It is the Company’s policy to respect the privacy of its users. The Company will not monitor, edit or disclose any personal information about you without your prior consent. In the course of our dealings we may acquire personal data and information about you which you have registered with us. In this regard, the Company undertakes to only use your data in accordance with strict conditions however, we reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believe necessary or appropriate. Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder the Company from complying with its legal obligations under the Data Protection Act 1988.
By submitting your information to the Website you agree to allow the Company to communicate with you in a responsible manner.
Links included within the Website may let you leave the Website and enter other websites. These sites are not under the control of the Company and the Company is not responsible for the contents therein or any link contained in such a linked site or for any changes or updates to such sites. These links are simply provided as a convenience and the inclusion of any link does not imply its endorsement by the Company of that site or any association with their operators.
Your correspondence or dealings with, or participation in promotions and/or advertisements found on or through the Babyshower.ie website are solely between you and such advertiser.
You agree that Babyshower.ie is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Babyshower.ie website.
All trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Website (hereinafter referred to as “Intellectual Property”) are solely owned by the Company.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of the Company. These do not include the logos and graphics which are the property of the Website’s partners.
Submissions to the Website
Where you are invited to submit any contribution to the Website (including by way of email, text, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting the Website a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Website policy.
Also by submitting your contribution to the Website you declare that your submission is your own original work and that you have the right to make it available to the Website for all the purposes specified above.
You declare that the submission is not defamatory and does not infringe any law and indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Limitation of Liability
The Company shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to your engagement with the Website. Under no conditions and in no event shall the Company be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of the Company.
The Website does not make any warranty that it is free from infection by viruses or anything else that has contaminating properties. The Company does not accept any liability for any losses or claims arising from any inability to access the Website.
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified the Company its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Website, your connection to the Website or your violation of any third party rights.
Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against the Company or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website or as a result of from engaging the services of the Website.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The materials contained in the Website may contain inaccuracies and typographical errors. The Company does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. The Company reserves the right in its sole discretion to correct any errors or omissions in any portion of the Website.
The information and material on the Website are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose or use.
The Company does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies.
The Company shall not be liable for any failure of a third party to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
The Company reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. You acknowledge that you may not without the prior written consent of the Company assign or dispose of your obligations under this Agreement whether in part or in whole.
Modifications to the Website
The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Website (or a part thereof) with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You may not create a link to this website from another website or document without the Company’s prior written consent.
All notices given by the Company to you will be given by e-mail from firstname.lastname@example.org or by postal mail from 13A Seapoint, Riverstown BusinessPark, Tramore, Co.Waterford or by general posting on the Website.
A waiver by the Company of any breach by any Customer or Supplier of any of the terms, provisions or conditions of this Agreement or the acquiescence of the Company to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Customers or Suppliers and no third party company will have the right or ability to create any obligation on the Company’s behalf.
This Agreement shall be governed by Irish law and the Customer consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
All questions or disputes regarding the Website must be submitted in writing within 30 days of the query where applicable, to email@example.com
The Company is not an agent of any Supplier and does not warrant to the quality or suitability of any Supplier. The Customer should carry out their own enquiries in this regard and the Company shall not bear any liability for the failure of a Supplier to effectively provide a service.
“Customer” means you, being any person who Purchases a Service through the Website or any person on whose behalf a Service is purchased from time to time including groups of people hereinafter referred to as a “Customer Group”.
“Supplier” means a third party supplier of goods and/or services who has agreed to provide services to the Customer by arrangement of the Company;
“Supplier Service” means a service provided by a Supplier.
“Payment Details” means the electronic payment details validly entered by you on the Website upon purchase of a service.
“Purchase” means the purchase of a service on the Website in accordance with these Terms And Conditions.
Terms and Conditions Specific to the Online Shop:
Placing an order on the Website online store is deemed to be your acceptance of these terms and conditions including those outlined above.
Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Babyshower.ie does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.
Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and the Company for the sale by Babyshower.ie to you of any product unless and until the Company accepts your order. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you either at the time Babyshower.ie sends an email to you (whether or not you receive that email) or the product is actually dispatched to you. Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
While every effort is made to ensure the availability of products and to fulfill all orders, Babyshower.ie cannot guarantee the availability of any product displayed on the Site. Babyshower.ie reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Babyshower.ie cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered we will promptly correct them and the amended provision will apply. Babyshower.ie reserves the right to change or amend prices or promotional offers at any time without notice.
Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT at the current rates but do not include delivery charges. These will be notified to you and applied after you select your shipping method. Any orders in excess of €300 shall not incur a delivery charge. Promotional prices indicate that these prices were listed at the original price for at least 28 days prior to this reduction.
Shop terms and conditions
Babyshower.ie accepts all credit cards and laser. Babyshower.ie uses SSL to securely transmit your Credit Card information to our Bank. Customer Credit Card Information is not stored by Babyshower.ie on our servers. SSL (Secure Socket Layers) is a method of transmitting information over a 128 bit encrypted link between two secure servers.
Babyshower.ie will aim to deliver your order within one to two days. Where an order is received before lunch it will leave the same day, unless we do not have stock and delivery will be the next day. Orders received after lunch will leave the following day by courier.
While Babyshower.ie strives to meet our delivery targets, we cannot always guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the next day time frame.
Title to the goods will only pass when delivery is acknowledged by a valid signature.
Replacement products will be charged (including delivery) until the returned product has been received in a re-saleable condition. If we agree to provide you with a refund we will refund your credit card within 30 days or we will post you as cheque for the amount agreed.
The Customer will be responsible for the cost of returning any Products to the Company unless the Products prove to be faulty, where the Company can then arrange for the collection of Products at the Customer’s expense. Or the Customer may decide to return the goods themselves.
Refunds or replacements will not be issues where goods are damaged or becomes faulty as a result of misuse, mishandling or the actions of any party other than the Company or our employees.
All transactions, communications and disputes with Babyshower.ie fall within the jurisdiction of the Republic of Ireland. Any disputes are subject to, and will be dealt with in accordance with Irish Law.
Once payment is received the Product will be sent by courier to the shipping address provided.
If there is a problem or fault with the product we will rectify and/or replace, on notification and return of the faulty product.
If the product is not fit for use as intended the customer is entitled to a refund of monies paid if preferred, on notification and return of the faulty product.
Cooling Off Period
When purchasing online, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 7 days from the date on which you have made the Purchase (the “Cooling Off Period”) provided you have not already redeemed the Purchase.
If you wish to cancel your Purchase during the Cooling Offer Period, you must send an email notifying us to firstname.lastname@example.org.
The Company shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms and Conditions if and to the extent such delay or failure is caused by an event beyond the Company’s reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
If any provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Terms and Conditions specific to Advertisers:
The Advertiser shall pay the agreed fees for advertising and all other sums due to the Company for the full advertising period on presentation of the invoice.
Babyshower.ie reserves the right to remove an Advertiser/Supplier’s ad or listing from Website at any time and refund the Advertiser/Supplier the remainder or balance of any payment made at the sole discretion of the Company.
Babyshower.ie does not warrant the quality, skill or capability of any Supplier/Advertiser to deliver any Booking or Supplier Service and the Company shall not be held responsible or liable for poor performance of a Supplier, late arrival at or missing an event due to the failure of a Supplier/Advertiser.
For the avoidance of doubt the Company does not warrant the capability or conduct of any Advertiser/Supplier. The Company shall not be held liable for the failure of a Supplier/Advertiser to suitably provide a Supplier Service.
The Company makes no warranty in relation to the bona fides of Customers or Customer Groups either to an Advertiser or Supplier.
The Company is not responsible for the operations of Advertisers/Suppliers and cannot warrant to the quality of the Services they provide. The Company will not under any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any Supplier, company, firm or persons in connection with the carrying out of such arrangements or bookings.
Every booking is accepted subject to the conditions imposed by Suppliers and other companies, firms or persons concerned with the delivery of such services and as such any claim with respect to such matters must be made against the appropriate party.
The Company does not accept any responsibility for any liability, damages, losses, claims (including legal fees) resulting in any way from a Customer’s use of an Advertiser/Supplier Service resulting in a loss to an Advertiser or to any third party whether such loss is attributed to a Customer or to any other person through their account either in a Customer Group or otherwise or on account of any person in a Customer Group, as a result of intent, negligence, recklessness or inactivity or otherwise.
Any corrections or amendments to an invoice amount shall be paid by the relevant party within 14 days of notification from the Company of the correct amount.
The Advertiser shall not withhold or make any deductions from or set off any sums against any amounts due to the Company on any grounds other than any set off arising directly from the Company’s fraud or intentional breach of this FA or undisputed liquidated sums owing from the Company to the Advertiser. The Advertiser acknowledges that this restriction on deduction or set off is reasonable in the context of the parties’ commercial relationship.
Without prejudice to any other rights of the Company in the event of any delay in the receipt by the Company of any sum due to it from an Advertiser, the Advertiser shall pay to the Company compensation and interest on overdue unpaid sums at the rates set out at the relevant time in accordance with Late Payment of Commercial Debts Regulations 2002, as amended and subsequent regulations.