Terms of service
Terms of Service
This website is operated by Orla & Fiadh Dublin. Throughout the site, the terms "we," "us," and "our" refer to Orla & Fiadh Dublin. Orla & Fiadh Dublin offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices contained herein. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Article 1 – Definitions
In these terms and conditions, the following definitions apply: Reflection period: the period within which the consumer can exercise their right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract concerning a series of production and/or services, of which the delivery and/or purchase obligation is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period; Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely; Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for Distance selling of products and/or services, up to and including the conclusion of the agreement, exclusively uses one or more means of distance communication; Distance communication means: a means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same place at the same time. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Email address: info@orlafiadhdublin.com
Company name: Orla & Fiadh Dublin
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the purport of the original as much as possible. Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the offered product and/or services. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains sufficient information to clearly understand the rights and obligations associated with accepting the offer. This specifically concerns the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods; any shipping costs; the manner in which the agreement will be concluded and the actions required for this; the applicability of the right of withdrawal; the method of payment, delivery, and performance of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used; whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer; the way in which the consumer, before concluding the agreement, can check and, if necessary, correct the information provided by them within the framework of the agreement; any other languages in which, besides Dutch, the agreement can be concluded are concluded; the codes of conduct to which the entrepreneur has committed itself and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therefor. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to impose special conditions on its execution. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: 1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; 2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 3. information about guarantees and existing after-sales service; 4. the information included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement; 5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this notification in writing/by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment. If the consumer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense. If the consumer pays a sum, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: 1. that have been created by the entrepreneur according to the consumer's specifications; 2. that are clearly personal in nature; 3. that cannot be returned due to their nature; 4. that can perish or become obsolete quickly; 5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; 6. for individual newspapers and magazines; 7. for audio and video recordings and computer software of which the consumer has broken the seal; 8. for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: 1. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; 2. the provision of which began with the consumer's express consent before the cooling-off period expired; 3. concerning bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 1. they result from statutory regulations or provisions; or 2. the consumer has the right to cancel the agreement with effect from the date on which the price increase takes effect. Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery is the country where the transport commences. In this case, this delivery takes place outside the EU. According to this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products. Taking into account the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, the consumer will be notified clearly and comprehensibly that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and extension
Termination The consumer may terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate the agreements referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least terminate them in the same manner as they were entered into; always terminate them with the same notice period as the entrepreneur has stipulated for themselves. Extension. An agreement entered into for a fixed period and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a fixed term of up to three months, if the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month. An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement is intended for the regular, but less than monthly, delivery of daily newspapers, weekly newspapers, and magazines. A limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period. Duration: If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
Article 16 - Contact Information
Questions about the Terms of Service can be sent to us at info@orlafiadhdublin.com