our terms of sale

 

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the Terms of Sale under which you may use this website, www.cornucopia.fashion (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Sale is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept these Terms of Sale when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Sale do not apply to directly to the use of our site.  Please refer to our Terms of Use, for more information.

TERMS OF SALE

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Goodwill Guarantee” means the goodwill guarantee offered by Cornucopia, a limited company registered in the Republic of Ireland under company number 229883, whose registered address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63, and whose main trading address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63., which exists to enhance the legal rights of Our customers to change their mind and return Goods to Us;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Cornucopia, a limited company registered in the Republic of Ireland under company number 229883, whose registered address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63, and whose main trading address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63.

 

  1. Information About Us
    • Our Site, cornucopia.fashion, is owned and operated by Cornucopia, a limited company registered in the Republic of Ireland under company number 229883, whose registered address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63, and whose main trading address is 6 Lower Market Street, Ennis, Co. Clare, V95 HY63. Our VAT number is 8229883M.
  1. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
  1. Age Restrictions
    • Consumers may only purchase Goods through Our Site if they are at least 16 years of age.
    • None of the Goods on Our Site may be purchased by anyone under 16 years of age, unless your parent or guardian is present. You must only purchase goods with their supervision.
  1. International Customers

Please note, we sell Worldwide. However, our website is governed by Irish & EU Law. You must agree to these Terms of Sale, in accordance with Irish & EU law, if you wish to purchase goods through this site.

  1. Goods, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
      • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions, or simply because our suppliers have only one product colour available in their image banks, with no variations;
      • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
      • Due to the nature of the Goods sold through Our Site, there may be up to a slight variance in the size, capacity, dimensions and measurements, since all brands have slightly different representations of sizing.
    • Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
    • Where appropriate, you may be required to select the required size, model, colour, number of the Goods that you are purchasing.
    • Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
    • In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Goods or to the price of those Goods. This information will be updated on our website.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated every day.  Changes in price will not affect any order that you have already placed (please note sub-Clause 6.9 regarding VAT, however).
    • All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 calendar days, We will treat your Order as cancelled.
    • In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • All prices on Our Site include VAT. You may or may not be charged import or customs duties depending on the value of your order.  If your parcel is charged it is up to the person receiving the parcel to cover these costs.  Unfortunately these charges are beyond our control and can vary depending on each country.  We do suggest contacting your local customs office for more information.
    • Delivery charges are included at the point of processing through our web cart and are based on your submitted address location. Further details on shipping costs are available here.
  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    • Order Confirmations shall contain the following information:
      • Your Order Number;
      • Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date(s);
    • We will also include a paper copy of the Order Confirmation with your Goods.
    • In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 calendar days.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
  1. Payment
    • Payment for Goods and related delivery charges must always be made in advance.
    • We accept the following methods of payment on Our Site:
      • Bank of Ireland Payment Gateway;
    • If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know, on info@cornucopia.fashion
  1. Delivery and Returns: For information on delivery & returns, please visit this page.
  2. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau.Events Outside of Our Control (Force Majeure)
      • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
      • If any event occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
        • We will inform you as soon as is reasonably possible;
        • We will take all reasonable steps to minimise the delay;
        • To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
        • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
        • If the event outside of Our control continues for more than 7 calendar days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled;
        • If an event outside of Our control occurs, and continues for more than 7 calendar days, and you wish to cancel the Contract as a result, you may do so in any way you wish. Please contact Us directly to cancel, using the following details:

Telephone: +353 (0)6568 24465 GMT +0 – our opening times can be viewed here www.cornucopia.fashion/contact/;

Email: info@cornucopia.fashion;

Post: Cornucopia, 6 Lower Market Street, Ennis, Co. Clare;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

11. Communication and Contact Details

  • If you wish to contact Us with general questions, complaints or matters related to your Order, you may contact Us by telephone at +353 (0)6568 24465 GMT +0 – our opening times can be viewed here cornucopia.fashion/contact/; by email at info@cornucopia.fashion, or by post at Cornucopia, 6 Lower Market Street, Ennis, Co. Clare.

12. Complaints and Feedback

  • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  • If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
    • In writing, addressed to Sinead Pyne, Owner & Manager, Cornucopia, 6 Lower Market Street, Ennis, Co. Clare;
    • By email, addressed to Roisin Brogan, Website Manager at info@cornucopia.fashion;
    • By contacting Us by telephone on +353 6568 24465, GMT +0 – our opening times can be viewed here cornucopia.fashion/contact/;

13. How We Use Your Personal Information (Data Protection)

  • All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • We may use your personal information to:
    • Provide Our Goods and services to you;
    • Process your Order (including payment) for the Goods; and
    • Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
  • In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1988 and should use and hold your personal information accordingly.
  • We will not pass on your personal information to any third parties without first obtaining your express permission.
  • Please see our full Privacy Policy for further details

14. Other Important Terms

  • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
  • You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
  • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
  • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
  • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
  • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received, and we will arrange for a full refund (including delivery charges) which will be paid within 7 calendar days of your cancellation.

15. Law and Jurisdiction

  • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of the Republic of Ireland.
  • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Republic of Ireland.
  • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.

STAY IN TOUCH

Get 10% OFF your next order!

 *Sale items are not included in this offer.

 

You have Successfully Subscribed!