The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person who purchases the Costume from the Company.
Company: Eire Designs (Belfast) Ltd
Contract: any contract between the Company and the Buyer for the sale and purchase of the Costume, incorporating these conditions.
Costume: any Irish Dancing costume (which definition includes waistcoats) agreed in the Contract to be supplied to the Buyer by the Company (including shawls and kickpants (if applicable)).
Delivery Point: the place where delivery of the Costume is to take place under condition 5.
2.1 The quantity and description of the Costume shall be as set out in the Company’s quotation or acknowledgement of order.
2.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Costume described in them. They shall not form part of the Contract and this is not a sale by sample. Each Costume is individually designed to the Buyers requests, measurements and design.
2.3 The Company reserve the right to use its Costume designs for publicity purposes.
3. DEPOSIT and REFUNDS
3.1 Deposit: The Company requires a non-refundable deposit of (i) £300 (Pounds Sterling) for each new girl’s Costume or (ii) £50 (Pounds Sterling) for each new boy’s waistcoat.
3.2 Cancellation: Payment of the Deposit constitutes an Order forming the Contract, and as such is subject to administration charges. On cancellation of an Order all materials and monies paid (including the Deposit) shall remain the property of the Company.
3.3 Refunds: Refunds given (if any) on the cancellation of an Order remain at the discretion of the Company.
4. ORDER PROCESS
4.1 The Buyer may have a consultation with the Company which will take a maximum of 30 minutes onsite otherwise they must provide measurements and design specification through the website. The Buyer must provide their home address including postcode, email address, telephone and mobile numbers to the Company.
4.2 The Buyer places their order with the Company and pays the Deposit.
4.3 The website provides a facility to allow the Customer to make Payments. The Payments are processed via a third party payment gateway (Realex Payments). To make Payments, the Customer is transferred to the third party payment gateway, where the Customer may enter payment card details. To protect the Customer, the payment details are entered by the Customer on a secure page and transferred as an encrypted message. The Payment is processed by Realex Payments and Elavon Merchant Services. At no time does the Company have access to the Customer payment card details, however, the Company is responsible for the transaction. In the event of query by the Customer, the Customer should contact the Company (Eire Designs).
4.4 Following receipt of the Order and the Deposit from the Buyer the Company will acknowledge receipt and accept the Order and shall provide the Buyer with an estimated date of dispatch of the Costume.
4.5 Upon acceptance of the Order, the Company may begin production of the Costume at anytime after this point. Once production has begun on the Costume there can be no cancellation of the order.
4.6 The Company will aim to adhere to the Buyer’s colour and design preferences but reserves the right to modify colours and designs to maintain the styling and colour balance of the Costume. It is the responsibility of the Buyer to ensure that the Costume measurements provided to the Company are accurate and that it has provided comprehensive colour and design preferences to the Company, including any specific dislikes. The Company will not be liable in the event that the Measurements provided are incorrect or if detailed design and colour preferences are not provided to the Company.
4.7 Manufacture of the costume will take a minimum of 6 weeks from agreement of measurements and design.
4.8 Once the manufacture of the Costume has commenced it may not be possible to alter the design.
5.1 Girls Irish Dancing Costumes (Dresses): Dresses are not machine washable
5.2 Shawls: Shawl types are at the discretion of the Company’s design team who endeavour to provide complimentary styles to the Dress and design.
5.3 Head Pieces: Head pieces are not provided by the Company. Additional fabric can be provided on request to the Buyer for those who wish to create their own head piece.
5.4 Kick Pants: Kick pants are provided with all Orders in standard sizes and colours. It is not always possible for the Company to provide kick pants in the same colour as the lining material.
6. SHIPMENT/ DELIVERY
6.1 Full payment must be received by the Company in advance of the Costume being dispatched.
6.2 The Company’s preferred courier is Fed Ex and their current average costs are in the region of:
(a) International Shipping including Insurance £100; and
(b) UK and Ireland Shipping including Insurance £40.
6.3 Any dates specified by the Company for delivery of the Costume are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no such dates are specified, delivery shall be within a reasonable time. International shipment can take 4-5 business days. The Company has no control over custom delays or charges and shall not be held liable for any such delays or charges.
6.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days.
6.5 Once the Costume has been dispatched by courier by the Company it becomes the property of and is at the risk of the Buyer. The dispatch from the Company’s place of business shall be conclusive evidence of the receipt by the Buyer of the Costume unless the Buyer can provide conclusive evidence proving the contrary.
6.6 If for any reason the Buyer fails to accept delivery of any of the Costume when it is ready for delivery, or the Company is unable to deliver the Costume on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Costume shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);
(b) the Costume shall be deemed to have been delivered; and
(c) the Company may store the Costume until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
[7.1 Each Costume varies in price according to the following factors:
(c) Style of Costume
(d) Materials Used
7.2 Prices start at £800 and the average cost of a Costume is between £1,100 and £1400. These prices are only guidelines. A price cannot be established until the style, fabric and size of Costume are confirmed.]
7.3 Price will be confirmed when the style is selected and receipts can be posted to home address on request.
7.4 Any alterations requested after collection/ delivery of the Costume will be an additional cost. The current minimum cost of an alteration is £50. However, please note that the cost of the alteration is dependent on the work needed and shall be agreed in advance between the Buyer and the Company.
7.5 The price for the Costume shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts shall be borne by the Buyer.
8.1 Payment of the price for the Costume is due in pounds sterling on receipt of the invoice.
8.2 No payment shall be deemed to have been received until the Company has received cleared funds.
8.3 Delivery of the Costume will take place only when payment has been received.
9.1 The Company warrants that (subject to the other provisions of these conditions) on delivery, the Costume shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) be reasonably fit for purpose as competitive Irish Dancing Costumes.
9.2 The Company shall not be liable for a breach of any of the warranties in condition 9.1 unless:
(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
(b) the Company is given a reasonable opportunity after receiving the notice of examining the Costume and the Buyer (if asked to do so by the Company) returns the Costume to the Company’s place of business at the Buyer’s cost for the examination to take place there.
9.3 The Company shall not be liable for a breach of any of the warranties in condition 9.1 if:
(a) the Buyer makes any further use of the Costume after giving such notice; or
(b) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, use or maintenance of the Costume or (if there are none) good practice; or
(c) the Buyer alters or repairs the Costume without the written consent of the Company.
9.4 Subject to condition 9.2 and condition 9.3, if the Costume does not conform with any of the warranties in condition 11.1 the Company shall at its option repair or replace the Costume (or the defective part) or refund the price of the Costume provided that, if the Company so requests, the Buyer shall, at the Buyer’s expense, return the Costume to the Company.
9.5 If the Company complies with condition 9.4 it shall have no further liability for a breach of any of the warranties in condition 9.1 in respect of the Costume
10. LIMITATION OF LIABILITY
10.1 Due to the delicate nature of the fabrics used in production of the Costume, the Company cannot be held responsible for any damage caused by normal wear and tear after receipt of the Costume by the Buyer.
10.2 Damages due to ill care will not be compensated.
10.3 Subject to condition 6 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of the Costume; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.5 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
10.6 Subject to condition 10.4 and condition 10.5:
(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland, and the parties submit to the exclusive jurisdiction of the Northern Irish courts.