This page (together with all the documents called on it) tells you the terms and conditions where we provide some of the goods (Products) recorded on our site earbuds.ie (our website ) for you (besides those provided by third-party sellers — please visit clause 10.7, under ). Please read the following terms and conditions carefully before purchasing any Products from our website. You need to understand that by purchasing any of our goods, you agree to be bound by these terms and conditions.
You need to print a copy of these terms and conditions for future reference.
Please understand that in the event you refuse to accept such stipulations, you won’t have the ability to purchase any Products from our website.
earbuds.ie is a website run by EARBUDS IRELAND Limited (we or us). Est.
2. YOUR STATUS
By placing an order via our Website, you warrant that:
3.2 After placing an order, you’ll get confirmation from us in writing or from email to the speech or email address you have provided confessing that we’ve received and approved your sequence (Confirmation).
3.3 Your purchase constitutes an offer to us to purchase a Product or Products. After we’ve sent the Confirmation there’s a binding legal contract between you and us (Deal ).
3.4 Receipt of payment doesn’t follow that we’ve approved your order and we reserve the right to return your payment for you in case your order isn’t accepted.
4.1 For the purposes of the Terms and Conditions that a working day is any day apart from a Saturday, Sunday or public holiday in England and Wales (Working Day).
4.2 You will cancel a Contract anytime in seven Working Days, starting on the day after you received the Products. In cases like this, you’ll get a complete refund of the cost paid for the Products in accordance with clause 9, below.
4.3 To cancel a Contract, you have to notify us in writing by facsimile, email or article, together with the returns form which may be downloaded from our website. You have to include on the type that your information and specifics of the Products purchased and, if delivery. You should also return the Product(s) to us instantly, at the exact same unused condition in which you received them with all original packaging, in your cost and danger. Now you have a legal responsibility to take good care of these products while they’re in your possession. In the event you are not able to abide by this duty, we might have a right of action against you for reparation.
4.4 You Won’t have any right to cancel a Contract for the distribution of some of these Products:
4.4.1 Opened or unsealed applications;
4.4.2 Products created to your own specifications;
4.4.3 Internal pc parts, like PCI audio cards, even if They’ve been inserted into a pc; and
4.5 This clause 4 will not affect your statutory rights.
You acknowledge that we’re going to rely upon the truth of the address provided by you.
5.3 If there’s nobody in the address provided by you who can accept delivery of the merchandise, we’ll notify you about an alternative delivery date or a place from which you are able to collect the merchandise.
5.4 If delivery can’t be made to the address which you supply, we’ll notify you as soon as possible and refund or re-credit you for any amount that’s been paid with regard to shipping.
If on receipt of the purchase the products that you have ordered aren’t in stock or we can’t send the merchandise within 28 days of this Confirmation being delivered to you, we’ll notify you as soon as possible and refund or re-credit you for any amount that’s been paid by you or debited from the credit card for the products within 30 days of your purchase.
6.1 The amount of any consignment of Products as listed by us dispatch from our place of business shall be conclusive evidence of the amount received by you on shipping unless you are able to provide conclusive evidence proving the contrary.
6.2 We shall not be responsible for any non-delivery of Products (even if due to our negligence or that of our representatives or sub-contractors) unless you provide us written notice of this non-delivery within 30 days of the date that the order was placed.
6.3 Any liability people for non-delivery of the merchandise shall be limited to replacing the Products within a reasonable time or issuing a refund to the cost of the merchandise and the amount of postage for your Products.
7.1 The Products will be at your own risk from the time of shipping.
7.2 Ownership of the merchandise will just pass to you when we receive full payment of all amounts due in respect of the merchandise, such as delivery fees.
8.1 the purchase price of any Products will be quoted on our website from time to time, except in cases of obvious mistakes.
8.2 These costs include VAT but exclude shipping costs, which is added to the Entire amount due
8.3 Costs are liable to change at any time, but changes won’t affect orders in regard to that we’ve sent you a confirmation. You’ll be informed of any change in the costs of merchandise that occur between the moment you place your order along with the period we ship Confirmation of your purchase.
8.4 Our website includes a high number of merchandise and it’s always possible that, despite our very best efforts, a few of the goods listed on our website might be wrongly priced when you place your order. If an item is found to be incorrectly priced, we’ll advise you as soon as possible and provide you the option of reconfirming your order at the correct price or canceling your purchase. If you decide to cancel your purchase we’ll refund or recredit you for any amount that’s been paid by you or debited from the credit card to your Products.
8.5 We’re under no duty to offer the Product to you at a wrong (lower) cost, even after we’ve sent you a Dispatch Confirmation when the pricing mistake is evident and unmistakeable and may have been recognized with you as a mispricing.
8.6 We reserve the right to offer you a Product of an equivalent or greater specification than the Merchandise ordered in precisely the exact same cost as the Merchandise ordered.
8.7 Payment to the merchandise and delivery charges can be made by any method displayed on our site at the moment you place your order.
9.1 If you return a Merchandise
9.1.1 since you’ve canceled the Contract between us inside the seven-day cooling-off interval (see clause 4), We’ll process the refund due to you as soon as you can and, in any case, within 30 days of the day You’ve given notice of your cancellation, and in this case, We’ll refund the cost of the Item in total but You’ll Be responsible for the cost of returning the product to us;
9.1.2 in the event that you’ve informed us according to paragraph 20.2 which you don’t agree to any alteration in these terms and conditions or at someone of our policies, or else you also claim that the item is faulty in seven days of receiving the merchandise, you may return the Product to us and we’ll examine the returned Merchandise and inform you of your refund via email within a reasonable time period. We’ll usually process the refund due to you whenever you can and, in any case, within 30 days of the day we affirmed to you through email which you’re eligible for a refund.
9.2 if you’re based on the united kingdom mainland, Products returned under clause 9.1.2 will, subject to examination by people, be reimbursed in total, such as a refund of the shipping fees for sending the Product for you and also the cost incurred by you in returning the Product to us.
9.3 if you’re based outside the united kingdom mainland, Products returned under clause 9.1.2 will, subject to examination by people, be reimbursed in total, such as a refund of the shipping fees for sending the Product for you, but not including the cost incurred by you in returning the Product to us.
9.4 We can usually refund any cash obtained from you with the exact same method originally used by you to cover your purchase.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us via our website is of decent quality and reasonably fit for all of the purposes for which goods of this kind are generally supplied and free of defects for 1 months from the date of shipment. If any Products don’t conform to this guarantee we shall at our option:
10.1.3 take the Products found to not conform to this guarantee and refund the cost paid in accordance with clause 8.
10.1.4 our accountability for losses caused by you may in no event exceed the cost of this Product; and
10.1.5 the operation of some of the aforementioned options shall constitute a Whole release of our liability under this clause 10;
10.2.2 you notify us in writing by facsimile, email or article, providing specifics of this Product(s) as well as the alleged flaw.
10.2.3 when the defect is as a result of damage during transit to you personally, you providing us written notice by facsimile, email or post in 3 days of delivery
10.2.4 You devoting us a good opportunity to inspect the solution and, if we ask, returning the allegedly defective Product to our area of business for testing and inspection.
10.3.1 you continue to utilize the Item after giving notice of the flaw to us
10.3.2 the flaw arises because you neglected to follow along with oral or written directions Regarding the storage, installation, commissioning, use or maintenance of the Solution or (when there are no such directions ) good trade practice; or
10.3.3 you change or repair the Product without our written approval; or
10.3.4 harm to the Product has been due to you or another party.
10.4 So much as we’ve got the capability to accomplish this, we’ll pass on the advantage of manufacturers’ guarantees, but these can be subject to constraints imposed by the producers.
10.5 This clause 10 doesn’t comprise or limitation in any way our liability:
10.5.1 For death or personal injury due to our negligence;
10.5.4 For anything for which it might be illegal for us to exclude, or
Try to exclude our accountability.
10.6 We shall not be responsible to you for loss of earnings, loss of earnings, loss of real or anticipated savings, loss of business, or degradation of goodwill in every case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise from or in connection with any statute.
10.7 Where you purchase any Merchandise from a third-party vendor through our website, that vendor’s liability will be put out in that vendor’s terms and conditions. We’re not responsible for any Products offered on behalf of third party vendors [for which we act as brokers ].
11. SOFTWARE LICENCE
Where software is provided or integrated as a member of the Products ordered, it isn’t possessed by us by a third party and will be subject to that third party’s software permit. You might want to sign the license and/or registration card provided with the solution and return it to the next party to possess the right to utilize the program. A third party’s program might have a shrink wrap permit. This implies that by launching the packing of this software you’ll be deemed to have read and agreed with all the third party’s license. You may consequently be bound only in the event that you open it. If you don’t want to be bound, you have to return to us the whole solution, including the unopened program inside the cancellation period set out in clause 4.
12. IMPORT DUTY
12.1 in the event that you purchase Products from our website for shipping outside Ireland, they might be subject to import duties and taxes that are imposed when the delivery reaches the destination. You’ll be liable for payment of any such export duties and taxes. Please be aware that we don’t have any control over these charges and can’t predict their own amount. Please contact your regional customs office for more information before placing your order.
12.2 Please also note you have to comply with all pertinent laws and regulations of the nation for which the Goods are destined. We won’t be responsible for any violation by you of any laws.
13. WRITTEN COMMUNICATIONS
Applicable laws demand that a number of the communications or information we send to you must be in writing. When using our website, you accept that communicating with us will be largely digital. We’ll contact you by email or supply you with advice by posting notices on our site. For contractual purposes, you consent to this electronic way of communicating and you admit that all trades, notices, data and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition doesn’t affect your statutory rights.
14.1 We will give notice to you at either the email or postal address you supply to us when placing an order, or at any of the manners specified in clause 13.
14.2 You will give notice to people in writing by letter, email or facsimile.
14.3.2 in the case of facsimile, in the time of processing;
14.3.3 in the instance of email, in the time of sending;
14.3.4 in the instance of first-class, recorded shipping or registered post, two Working Days from the date of posting;
14.3.5 in the event of registered airmail, five Working Days from the date of submitting; and
14.3.6 if deemed receipt under this clause 14 isn’t within business hours (significance 9.00 am to 5.30 pm Monday to Friday to a day that’s a Working Day at the place of reception ), once the company next begins in the area of receipt.
14.4 To establish service, it’s enough to demonstrate that the note was sent by fax to the fax number of the appropriate party or, in the instance of email the note was delivered to the specified email address of the appropriate party or, in the case of personal shipping or post, the envelope containing the notice was properly addressed and sent to this address.
14.5 The terms of the clause shall not apply in regard to the support of any process in any legal proceedings.
15.3 We can transfer, assign, charge, sub-contract or otherwise get rid of a Contract, or any of our rights or duties arising under it, anytime during the period of this Contract.
16.1 We won’t be liable or accountable for any failure to perform or delay in operation of, any of our obligations under a Contract that’s due to events beyond our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any action, event, non-happening, omission or injury outside our reasonable control and comprises specifically (without limitation) the following:
16.2.2 Civil commotion, riot, invasion, terrorist attack or danger of terrorist assault, war (whether declared or not) or danger or preparation for warfare.
16.2.4 Impossibility of using railways, transport, aircraft, engine transportation or alternative means of private or public transportation.
16.2.5 Impossibility of their usage of private or public telecommunications networks.
16.2.6 The actions, decrees, laws, regulations or limitations of any authorities.
16.3 Our functionality under any Contract is deemed to be suspended for the time which the Force Majeure Event continues, and we are going to get an extension of time for operation for the length of the interval. We’ll use our reasonable endeavors to deliver the Force Majeure Event to a near or to get a solution by our duties under the Contract could be carried out regardless of the Force Majeure Event.
16.4 When the Force Majeure Event continues for a continuous period of over 30 days, then you shall be entitled to give notice in writing to people, in accordance with clause 14, to complete the Contract.
17.1 Should we fail, at any time throughout the period of a Contract, to insist upon strict performance of any of your duties under the Contract or any one of these stipulations, or when we don’t exercise any of their rights or remedies on which we’re entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you by compliance with such duties.
17.3 No waiver by us of any of these terms and conditions shall be effective unless It’s expressly said to be a waiver and can be conveyed to you in writing according to clause 14
19. ENTIRE AGREEMENT
19.1 These stipulations and any document expressly referred to in them represent the whole agreement between us in connection with the subject matter of any Arrangement and supersede any previous agreement, arrangement or understanding between us, whether oral or in writing.
19.3 Neither you nor us shall have any remedy in respect of any false statement produced by another, whether orally or in writing, before the date of any Arrangement (unless such false statement was made fraudulently) and another celebration ´s just remedy shall be for breach of contract as provided in these terms and conditions.
20.2 you’ll be subject to the policies and stipulations in force at the time you purchase products from us, unless any change to those policies or these terms and conditions must be produced by law or governmental jurisdiction (in the case it will apply to orders previously placed by you), or even when we notify you of this change to those policies or these terms and conditions before we ship you the Confirmation (in the case we have the right to presume you have accepted the change to the terms and conditions unless you notify us to the opposite in seven working days of receipt by you of these Products).
Contracts for the purchase of merchandise through our website will be governed by British law. Any dispute arising out of, or connected to, these imports shall be subject to the non-exclusive authority of the courts of England and Wales.
22. DATA PROTECTION
22.1 we’ll take all reasonable measures to maintain the specifics of your order and payment secure. We won’t be responsible for unauthorized access to this information provided by you unless this unauthorized access is a result of our negligence.
22.2 Your contact information will soon undoubtedly be held by us onto a database. Your particulars we hold won’t be disclosed to outside third parties without your approval. From time to time we will notify you of products and offers that might be of interest to you. If you don’t want to receive this information or want to upgrade your information, please https://smallseotools.com/asets/images/cleartext.svgnotify us in writing at the address set out in clause 14.