This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.nicholasmosse.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms and conditions.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1.1 We operate the website www.nicholasmosse.com. We are Nicholas Mosse Pottery Limited, a company registered in Ireland under company number 70934 and with our registered office at Bennettsbridge, Co. Kilkenny, Ireland. Our main trading address is Bennettsbridge, Co. Kilkenny, Ireland. Our VAT number is IE4565658V.
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us – while we may acknowledge receipt of your order by email upon receipt of your order, we will only be deemed to have confirmed such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. We may cancel or refuse an order which we received from you at any time prior to issuing an Order Confirmation, even when we have acknowledged receipt of such order and/or deducted any payment in respect of such order.
2.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until such order has been confirmed in a separate Order Confirmation.
3.1 If you are contracting as a consumer, you may cancel a Contract for Products at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
3.2 To cancel a Contract, you must inform us in writing within the seven working day period referred to in clause 3.1. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.1 We will use commercially reasonable endeavours to ensure that your order for Products (if any) will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation. Delivery dates are subject to exceptional circumstances and to the efficiency of local delivery services, and accordingly delivery dates may not always be accurate.
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 All Product prices shown on the Website are inclusive of any applicable Irish VAT. This means that the total price you pay for the Product is always the same, regardless of whether or not Irish VAT is chargeable on our sale of the Product. Where you have requested delivery to Republic of Ireland or EU address, the price paid for the Product will include Irish VAT where applicable. Where you are not an Irish resident and you have requested delivery to a non-EU address, the Products will normally be zero-rated and not subject to Irish VAT, but the price paid by you for the Products will remain the same as shown on the Website
6.3 Prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If the correct price for a Product is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
6.6 Payment for all Products must be by credit or debit card. We will charge your credit or debit card when we receive your Order, but any such charge shall be refundable in the event that your order is either cancelled or refused in accordance with these terms of supply.
7.1 If you return a Product to us:
7.2 In respect of determining whether or not a product is defective, you expressly acknowledge that the Products are handmade and accordingly that each Product will vary somewhat in size, shape and design. No two Products, even within the same Product category or type, will be identical and such differences shall not of themselves indicate that any Product is defective.
7.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
8.2 Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
However, this clause 8.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 8.2.
8.3 Nothing in this agreement excludes or limits our liability for:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
15.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this clause limits or excludes any liability for fraud.
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.