By using this website you agree to be bound by the Terms and Conditions set out below. If you do not agree to these Terms and Conditions in their entirety, you must immediately stop using this website.
These Terms will apply to any contract between us for the sale of products to you.
Our website is provided solely for your personal use. You may not use this website for any commercial purpose. The Company reserves the right to refuse to supply any individual or company and reserves the right to deny access to the website.
References in these Terms and Conditions to “we”, “us”, “our”, and “artymaniac” are a sole trader in Ireland.
PRODUCT INFORMATION AND DESCRIPTION
We will take all reasonable care to ensure that all details, prices, photographic representations, and descriptions of products appearing on the website are correct at the time when the relevant information was entered onto the system.
We have made every effort to display as accurately as possible the appearances, colours, textures, components or finishes of our products that appear on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. The material displayed is provided by way of information only, except in relation to the description of goods available to purchase online.
We will not be liable for any reason if any of our websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entirety of our websites.
The information and materials contained in this website are provided without warranties of any kind, either express or implied, and liability is excluded to the fullest extent permissible under Irish Law.
We feature products that have been carefully selected for sale on our website. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again.
Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
In the event of any supply difficulties or because of seasonality of products, we reserve the right to substitute with a product of equivalent or greater value and quality without notice. All photographs are accompanied by an itemised list fairly describing the contents. Colour, varieties, containers, and packaging where applicable may vary due to availability. In the event of any supply difficulties, we reserve the right to substitute without notice. On occasions, there may be minor differences between the product’s appearance in the photograph and the item delivered, this may include packaging.
If an item is temporarily out of stock, we will notify you of the delay and ship as soon as it arrives. All items are subject to availability. Once an order has been processed no amendments can be made to your order.
All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
- The product you ordered is out of stock;
- Our inability to obtain authorisation for your payment;
- We have identified a pricing or product description error;
- There is a system or procurement failure;
- Failed customer validation checks; and
- We require further information from you to validate/verify the order such as measurements etc.
When you place an order on our website we will email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from us.
Acceptance of your order and the completion of the contract between you and us will take place when your order has been dispatched. We will email you when your order has been dispatched. We reserve the right to dispatch multiple orders separately.
A gift message facility is available on certain orders and is available for your own personal and strictly non-commercial use. We do not take any responsibility for the contents of messages communicated by you to a third party. Where you use this facility, you agree that your message will not include any content that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person, including but not limited to any of our employees or customers.
HOW WE COMMUNICATE WITH YOU
We provide our services and communicate with our customers only through the English language. We use electronic mail (email) to facilitate interaction / engagement with our customers.
DELIVERY & NOTIFICATION
We will notify you of the delivery cost at the time we acknowledge your order. For bespoke or special delivery items a separate communication of delivery cost may be made. Delivery shall be charged in accordance with destination chosen and said price may be amended (after you place an order) but only to reflect a change in cost.
Risk of loss and damage of products passes to you on the date when the products are delivered to you.
Amendments to delivery details cannot be made after the order has been placed – please check all details before submitting your order.
We will make every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a flood or fire. We shall be under no liability for any delay or failure to deliver the products within estimated timescales. Please note that your delivery may take longer during sale, holiday, or other busy periods. Although we provide an indication of typical delivery times, specific delivery times or dates cannot be guaranteed.
Where orders are placed after notified last order date/time for guaranteed delivery the Company does not accept responsibility for late delivery. Proof of delivery of gift(s) shall be good evidence of delivery of the specific gift(s) as requested by the customer and no question shall be raised as to delivery of individual items therein. If you require a proof of delivery you must allow at least 3 days from the shipping date and your request for tracking. The risk in respect of goods transfers to you the buyer upon execution of delivery docket.
You are responsible for providing a sufficient and correct daytime delivery address, local daytime telephone number and postal code. Our couriers will only call the number provided if direction is needed to the delivery address and not to arrange a delivery. If the recipient is not home to accept delivery the courier may leave a notification card where the property is accessible, they may deliver to a neighbour. Please note: Standard delivery normally takes place during normal business hours (8am-6pm) Monday – Friday. We cannot guarantee delivery times. Any additional charges/ costs incurred in the completion of delivery (redelivery) due to incomplete/insufficient original recipient information from the purchaser or the recipients being unable to accept the item in the time frame specified will be liable for all related charges and costs. This applies to national and international deliveries. If the recipient fails to make contact in good time and the goods are returned to us a charge will be made for re-delivery. The purchaser will also be charged for any items which have become unsuitable for sale and need replacing (perishable items such as fruit or flowers or Balloons).
Delivery to Post Office Box addresses. Only specific products are eligible for Post Office Box delivery. Delivery delays can occur if delivering to a Post Office Box address. Please inquire if you have any questions regarding delivery for your chosen product.
Claims for non-delivery must be made within 20 days of the shipping of goods. Any shortfall, or incomplete, or partial delivery, of which you become aware must be notified to the Company within 2 days of receipt of goods. Any delivery/product discrepancy must be notified to us within 2 days of receipt.
You may receive partial delivery of your order in two or more separate packages. In this case it is imperative to send your returns to the address on the respective package to ensure you return items to the correct dispatch destination.
We shall not be responsible should local customs authorities wish to confiscate or delay any gift or any item contained in a gift or hamper. All delivery lead times are pending customs – this means, if customs wish to hold a gift for inspection it can cause a delay and is unfortunately out of our control. We cannot be held responsible for any such delays and gift and delivery costs will still apply.
You may have a legal right to a “cooling off” period during which you may cancel your order for any reason without penalty for up to fourteen (14) days after the order has been received.
Your right of cancellation shall only apply in circumstances where we are legally obliged to provide such a right to you in your respective jurisdiction. The right to return (or exchange) Products under this section does not apply to Products (i) made to your specification; or (ii) which have been personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery.
Please contact us to arrange your cancellation by emailing email@example.com or calling +353 85 8374885 with your Order Number and reason for the request.
After the 14 day cooling off period, where applicable, our Returns Policy will apply.
IF WE CANNOT ACCEPT YOUR ORDER
There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because:
- A purchased product was containing alcohol, we know or suspect that you are not 18 years of age. Due to the Licensing Act 2003, we are not permitted to sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that you and the recipient of the order, if different, are both aged 18 years or over;
We will refund or exchange any item you are not completely happy with if you return it to us within 14 days of the item being delivered to your nominated address. Please return items in their original condition, unused, resalable, in their original packaging, with garment tags and ‘do not remove tag’ still attached. Please do re-use the delivery packaging provided; it has been especially designed for you to do this. No refund or exchange will be authorised unless these conditions are met and it will be returned to you by normal post without notice.
We shall not refund or exchange beauty items including food, flowers, beverages, toiletries, and cosmetics which have been opened, tested, or partially used and which cannot be returned in the same physical state to which they were purchased. We shall not refund customised or personalised items. We shall not refund the cost of return.
This does not apply to faulty or incorrectly supplied goods where your statutory rights are unaffected. The Company shall take all reasonable care in packaging any fragile or breakable items. If any such items are damaged in transit, the Company shall be responsible for replacement costs of the item only. Any damage to the parcel or contents must be reported within 2 days of receipt of goods. Any electronic or digital equipment is sold subject to manufacturer’s warranty only.
Where promotional discounts are applied to orders, in the event of a return, you will not be refunded the discounted proportion. Additionally, any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related.
HOW TO RETURN OR EXCHANGE:
Please contact us to arrange your return by emailing firstname.lastname@example.org or calling +353 85 8374885 with your Order Number and reason for the return (see address label on package for order number) and our customer service will issue you with a Returns Authorisation Code.
Where a product is faulty, it must be sent back in its original packaging. As soon as we receive the return, the product will be sent to the supplier for inspection. The supplier will either fix the faulty product or if necessary, we will get a replacement product sent out without delay.
If returning the item by post please include a note with the product stating the reason for the product return, along with your name, address, daytime phone number and Order Number
Please ensure you keep a note of your order number.
PRICING AND PAYMENT
All prices are inclusive of VAT (where applicable) at the rate appropriate and correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time.
Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
We accept payment online by VISA, MasterCard, American Express, Laser, 3v, Visa Debit or PayPal. You may also pay ‘offline’ via Cheque, Bank Draft, Postal Order or Bank Transfer.
Goods will only be shipped once payment has been received in full. All products remain our property until payment is received in full.
Our website processes all transactions in EUR. Depending on your location and on your card provider, card issuers may charge an extra fee as a foreign transaction fee (this charge is implemented & controlled by your card issuer and is beyond our control).
Currency rates may vary and will be charged at the exchange rate on the day that ordered is received.
By using our site, you authorise us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.
PROMOTIONAL CODES AND GIFT CARDS
Promotional codes are 1 use per customer per single online transaction only unless otherwise specified. Minimum order values exclude delivery. Promotional codes cannot be used against Experience gifts or Newbridge Silverware.
LIABILITY, INDEMNITIES AND WARRANTIES
Our website is available to all users “as is” without any representations or warranties of any kind, either express or implied. We make no representations, warranties, or undertakings about any of the materials on this website (including without limitation their accuracy, their completeness or their merchantability, quality, or fitness for any particular purpose) or any content of or information on any other website referred to or accessed by hypertext link or otherwise through this website or from which this website is referred to or accessed by hypertext link or otherwise.
We shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website, the performance of the product purchased through the website, the conduct of other users of this website and/or facilities or services offered through this website even if we have been advised of the possibility of such damages.
Our website may also contain links to other websites, which are not operated by us. When you activate any of these you will leave our website and we have no control over and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
You agree to indemnify us and our agents and officers, directors, and employees, immediately on demand, against all claims, liability, damages, costs, and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
COMMENTS AND COMPLAINTS PROCEDURE
Please contact us if you have any comments or complaints by emailing email@example.com or calling +353 85 8374885 with your Order Number.
We will always endeavour to resolve any dispute as swiftly as possible.
The EU (European Union) (Online Dispute Resolution for Consumer Disputes) Regulations 2015 requires all traders established in the European Union, who engage in online sales or services contracts, and all online marketplaces established within the European Union to provide:
- An electronic link to the ODR Platform which is available at http://ec.europa.eu/consumers/odr/
- If you wish to contact us directly regarding your Online Dispute you can do so at firstname.lastname@example.org
PRIVACY AND THE USE OF YOUR DATA
The information, content, graphics, text, sound, images, buttons, trademarks, service marks, trade names and logos (the “Materials”) contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws under national laws and international treaties.
Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through, on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive, or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use our website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trade mark, design right or copyright of our website.
USER ACCOUNT PASSWORD AND SECURITY
Registering and using our website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service and ensure that you exit from your account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.
We may at any time require you to provide any financial, business, or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.
CONTENT AND ACTIVITY PROHIBITED
Please carefully choose the information you post on our website and that you provide to other users. You must not misuse our website. You will not: send or otherwise post unauthorised commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use our website to do anything unlawful, misleading, malicious, or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from our website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
The website is controlled and operated in Ireland. Any terms and conditions concerning the usage of this website will be governed by the laws of Ireland and any dispute concerning use of this website will be determined exclusively by the Irish Courts.
These Terms and Conditions constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by the owner of Artymaniac.
We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
We reserve the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.