Terms and Conditions
Article 1 – Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Cooling-Off Period: the period during which the consumer may exercise their right of withdrawal.
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Trader.
Day: calendar day.
Continuing Transaction: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over a period of time.
Durable Medium: any means that allows the consumer or Trader to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the consumer’s right to cancel the distance contract during the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: a contract concluded as part of an organised distance sales system whereby the agreement is entered into exclusively through one or more means of distance communication.
Means of Distance Communication: a method that can be used to conclude a contract without the consumer and Trader being physically present in the same place at the same time.
Terms and Conditions: these Terms and Conditions of the Trader.
Article 2 – Identity of the Trader
Business name: Kearney Dublin
Trading name: Kearney Dublin
Customer service email: info@kearneydublin.com
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the Trader and to every distance contract and order concluded between the Trader and the consumer.
Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer.
Where the distance contract is concluded electronically, these Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium.
If specific product or service conditions apply in addition to these Terms and Conditions, those additional conditions will also apply.
If one or more provisions of these Terms and Conditions are found to be wholly or partly invalid or unenforceable, the remaining provisions will continue to apply.
Situations not expressly covered by these Terms and Conditions should be assessed in accordance with the purpose and principles of these Terms and Conditions.
Article 4 – The Offer
If an offer is valid for a limited period or subject to specific conditions, this will be clearly stated.
The offer is non-binding. The Trader reserves the right to amend or adapt the offer.
The offer will contain a sufficiently complete and accurate description of the products and/or services offered so that the consumer can make an informed decision.
Images are intended to provide a fair representation of the products offered. However, the Trader cannot guarantee that colours displayed on a screen exactly match the actual colours of the products.
Obvious errors or mistakes in the offer do not bind the Trader.
Each offer will clearly state the rights and obligations associated with accepting the offer, including, where applicable:
- the price;
- any delivery charges;
- how the agreement is concluded;
- whether a right of withdrawal applies;
- payment, delivery and fulfilment methods;
- the period for accepting the offer;
- information regarding storage of the contract;
- how the consumer can review and correct information before placing an order;
- the languages in which the contract may be concluded;
- any applicable codes of conduct;
- the minimum duration of the contract for continuing transactions;
- available sizes, colours and materials where relevant.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the conditions stated in that offer.
If the consumer accepts the offer electronically, the Trader will confirm receipt electronically.
The Trader will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure online environment.
Where electronic payment is available, appropriate security measures will be used.
The Trader may, within the limits permitted by law, assess whether the consumer is able to meet their payment obligations.
If there are reasonable grounds not to accept an order, the Trader may refuse the order or apply specific conditions to its fulfilment.
Each agreement is subject to sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer may cancel the contract without giving a reason within 30 days.
The cooling-off period begins on the day after the consumer, or a representative designated by the consumer, receives the product.
During the cooling-off period, the consumer must handle the product and packaging with reasonable care.
The product should only be handled or used to the extent necessary to determine its nature, characteristics and suitability.
If the consumer wishes to exercise the right of withdrawal, they must notify Kearney Dublin within 30 days of receiving the product.
Notification should be made in writing or by email.
After notifying Kearney Dublin of the withdrawal, the consumer must return the product within the applicable return period.
The consumer may be required to provide proof that the goods were returned in time, such as proof of postage.
Article 7 – Costs of Withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the goods is the consumer’s responsibility unless otherwise stated.
Where a refund is due, Kearney Dublin will process it as soon as reasonably possible and, where applicable, within 14 days of the withdrawal.
Kearney Dublin may wait until the returned goods have been received or until satisfactory proof of return has been provided.
Article 8 – Exclusions from the Right of Withdrawal
The right of withdrawal may be excluded where permitted by applicable law and where the exclusion has been clearly communicated before the purchase.
This may include, where applicable:
- products made to the consumer’s specifications;
- clearly personalised products;
- goods that cannot reasonably be returned due to their nature;
- goods that deteriorate or expire quickly;
- certain sealed hygiene products once the seal has been broken;
- certain sealed audio, video or software products once opened;
- newspapers or individual magazines;
- certain services that have already begun with the consumer’s express consent;
- certain accommodation, transport, catering or leisure services for a specified date or period.
Article 9 – Prices
Prices will not be increased during the stated validity period of an offer, except where changes result from taxes, legal requirements or circumstances expressly permitted by law.
All prices are subject to obvious typographical or pricing errors.
Where a clear pricing error has occurred, Kearney Dublin is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Guarantee
Kearney Dublin warrants that products and/or services will conform to the agreement, the specifications stated in the offer and the reasonable expectations of quality and usability applicable at the time of purchase.
Any additional commercial guarantee provided by Kearney Dublin, a manufacturer or importer does not affect the consumer’s statutory rights.
Defective or incorrectly supplied products should be reported to Kearney Dublin as soon as reasonably possible after delivery.
The guarantee does not apply where damage is caused by:
- improper use;
- unauthorised repairs or alterations;
- negligent handling;
- use contrary to care instructions;
- abnormal conditions or external circumstances beyond the Trader’s control.
Article 11 – Delivery and Fulfilment
Kearney Dublin will take reasonable care when receiving and fulfilling orders.
Products will be delivered to the address provided by the consumer.
Orders will be fulfilled as promptly as reasonably possible.
If delivery is delayed or an order cannot be fulfilled, the consumer will be informed.
If fulfilment becomes impossible and the contract is cancelled, any amount due for refund will be returned within the applicable legal period.
The risk of loss or damage to the goods remains with the Trader until the goods have been delivered to the consumer or to a person designated by the consumer, unless otherwise agreed where legally permitted.
Article 12 – Continuing Transactions: Duration, Cancellation and Renewal
Cancellation
Where a continuing contract has been entered into for the regular supply of products or services, the consumer may cancel it in accordance with the cancellation terms and applicable consumer law.
The consumer must not be subject to unreasonable restrictions regarding the method or timing of cancellation.
Renewal
A fixed-term agreement for the regular supply of products or services will not be automatically renewed where such renewal would be contrary to applicable consumer law.
Duration
Where a continuing agreement lasts for an extended period, the consumer may have the right to cancel it subject to applicable law and the agreed notice period.
Article 13 – Payment
The consumer must pay the amounts due in accordance with the payment terms presented during checkout.
The consumer is responsible for promptly notifying Kearney Dublin of any errors in the payment information provided.
In the event of non-payment, Kearney Dublin may take reasonable action permitted by applicable law to recover amounts properly due.
Article 14 – Complaints Procedure
Complaints relating to the fulfilment of an agreement should be submitted to Kearney Dublin with a clear and complete description of the issue.
Complaints will be reviewed and responded to within a reasonable period.
Where additional time is required to investigate a complaint, the consumer will be informed accordingly.
Submitting a complaint does not automatically suspend either party’s contractual obligations unless otherwise agreed or required by law.
Where a complaint is found to be justified, Kearney Dublin will provide an appropriate remedy in accordance with applicable consumer law.
Article 15 – Governing Law and Disputes
Any agreement between Kearney Dublin and the consumer will be governed by the applicable laws and consumer protection rules relevant to the transaction.
Nothing in these Terms and Conditions is intended to remove or restrict any mandatory rights available to consumers under applicable Irish or European Union consumer law.
Email: info@kearneydublin.com