Terms & Conditions of use, and Purchase
This page (together with any documents referred to) explain the terms and conditions on which we supply products (Products) listed on www.carolineberginart.com (our site) to you. Please read these terms and conditions carefully before ordering any products from our web site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
How the Contract is formed between you and us
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, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been despatched (the “Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation.
The Contract will relate only to those products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the despatch of such products has been confirmed in a separate Despatch Confirmation.
Availability and Delivery
Your order will be delivered as quickly as possible. Please see our delivery & returns page for more detailed information.
Risk and Title
The products will be at your risk from the time of delivery. This means that once we have received payment, shipped the parcel and have a valid certificate of postage, the contract is complete and the items are your ownership and you bear any risk in not receiving the order.
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.
Price and Payment
The price of any products will be as quoted on our site, except in cases of obvious error
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation email.
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. We will normally verify prices as part of our despatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the product, or reject your order and notify you of such rejection.
Our refunds policy
Please see our delivery & returns page for more detailed information refunds.
We warrant to you that any product purchased from us through our site is of satisfactory quality.
Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product
Import Duty and VAT
If you order products from our site for delivery inside the EU, we are obliged to include taxes at the prevailing rate.
If you order products from our site for delivery outside the EU, they may be subject to import and customs duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Caroline Bergin Art is not liable for any breach by you of any such laws.
Please note that we will only ship outside the EU (e.g. to Great Britain and Isle of Man, USA, Canada,etc), if customers agree to accept customs charges and VAT/taxes. If goods are returned from outside the EU, we will deduct any shipping costs incurred by Caroline Bergin Art from any refunds due. The customer also bears the cost of any return shipping
All notices given by you to us must be given to Caroline Bergin Art by email to email@example.com
We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
Events outside our control
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”).
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:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
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.
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
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 Despatch 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).
Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.