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Terms & Conditions: Aunty Nellies Sweet Shop Ltd.
www.auntynellies.ie is a site operated by Aunty Nellies Sweet Shop Ltd (“We”). We are registered in the Republic of Ireland under Company Number 496944, and VAT Number 9781580K. Principal Office situated at Goolds Hill House, Old Cork Road, Mallow, Cork, Ireland, p51 FK70.
Please note the following content is subject to change without notice.
“The Buyer” means the person, company or firm by whom the Goods are purchased.
“The Goods” means the goods which are the subject of the contract or contracts to which these conditions apply.
“The Order” means the Buyer’s acceptance of “the Sellers” quotation.
“The Seller” refers to Aunty Nellies Sweet Shop Ltd.
Formation of a Contract occurs in the following way:
– Upon placement of an order, the Buyer receives a confirmation email acknowledging we have received the order (note this does not confirm acceptance).
– Once we have dispatched the Goods, you will receive a Dispatch Confirmation email, constituting the binding Contract.
– The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
The material displayed on our website is provided without guarantee, conditions, or warranties pertaining to its accuracy. To the fullest extent permitted by law, we and any other members of our company and connected third parties hereby expressly exclude:
– All conditions, warranties and terms which may be implied by common law, statute or the law of equity, and any liability for any direct, indirect or consequential damage incurred by the user in connection with our website and its use, and any other linked websites and materials posted within, including:
o Loss of income or revenue
o Loss of business
o Loss of profits, savings, or contracts
o Loss of data
o Loss of goodwill and reputation in business
Aunty Nellies Sweet Shop Ltd. are committed to protecting your privacy. Any personal data collected from and provided by the Buyer will be processed by us will be protected under the Privacy Terms of this website, and by the Data Protection (Amendment) Act 2003.
Note, you are responsible for ensuring all information you provide is accurate and up to date, and impersonation of a person or legal entity, or use of a false name is unacceptable.
We may collect the following information:
– Personal name and/or Company name.
– Personal and/or company address.
– Personal and/or company telephone, mobile and fax machine numbers.
– Personal and/or company email addresses.
– Demographic information, e.g. post code, gender, interests.
– Other relevant information e.g. for customer surveys etc.
– Details of your transactions.
– We may also collect information about your computer, location of IP address, operating system, browser type, and profile, for potential use in market research.
We use the gathered information for the following purposes:
– Internal record keeping.
– To improve website information content and periodically send out promotional emails regarding new product lines, special offers and seasonal products, etc. (there will always be an option to unsubscribe from such emails).
– Market research purposes. We may contact you directly or use the demographic data gathered to create user profiles and record website traffic patterns using collated anonymous statistics.
Personal Information provided by you can be controlled and/or restricted in the following ways:
– Option to indicate no usage of personal information for direct marketing purposes provided when filling out forms on the website.
– Option to unsubscribe from direct marketing at any time.
– We will never sell, lease or disclose personal information to a third party, unless we have your permission or in compliance with a legal obligation.
– You may request the details of the personal information we hold at any time under the Data Protection (Amendment) Act 2003.
Our website may, on occasion, contain links to other websites and affiliates. Please be aware of the Privacy Policies of these websites and note we do not accept any responsibility or liabilities for these websites, and any personal information you submit to them is done so at your own risk.
Unfortunately, we cannot guarantee the complete security of information gathered over the internet. We will do our best to protect your personal data, however, any transmission is at your own risk. Once we have received your information, it will be recorded using strict security and privacy features to prevent unauthorised access by third parties.
Unless agreed otherwise in writing, prices shall be in accordance with Aunty Nellies Sweet Shop Ltd. current price list at the date of order. Any further packing, loading, carriage and insurance charges customs duties and other export costs are accordingly payable in addition.
Product 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 a Dispatch Confirmation.
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 dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching 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 dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
Payment for all Products must be made when you place your order via the online payment gateway made available on our site.
Prices on our retail website are inclusive of Value Added Tax
The Buyer shall pay the price of the Goods (including any increased price payable under these Conditions) and all charges due without any deduction whether by way of set off counterclaim or otherwise.
If paying by credit card, the Buyer represents and warrants that the credit card information supplied is true, correct and complete, and charges incurred by the Buyer will be honoured by the Buyer’s credit card company, and the Buyer shall pay charges incurred by the Buyer at the amounts in effect at the time incurred, including all applicable taxes.
The Seller reserves the right to refuse any order you place with us. We may, at our discretion, limit or cancel orders placed with us. In the event that we cancel or alter an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number that you have provided. We accept no liability for the payment of any custom duty or other import taxes that may be due on products shipped outside of the EU.
We accept Laser, Visa Credit, Visa Debit/Electron, MasterCard Credit, MasterCard Debit, MasterCard World, Maestro, Discover, Diner, Sigma and all corporate and commercial Visa and MasterCard cards. We also accept payment through PayPal. We do not accept cheques or postal orders. Cardholders are responsible for the website transactions.
Payment is processed through Realex Payments. Realex use secure encryption (128bit SSL) when processing payment.
Upon ordering products through our website you warrant that:
– You are over 18 years.
– You are legally capable of entering a binding contract on behalf of the account holder, and have the authority of the account holder to place an order.
– You are acting in the course of a business, trade, or other profession.
Returns and Refund Policy
Aunty Nellies will do its best to ensure excellent customer service and a happy shopping experience however it can sometimes be necessary to return an order. If an order needs to be returned, it should be sent to:
Aunty Nellie’s Sweet Shop.
If you return any Product(s) to us within 7 days of delivery, for any reason (for instance, because have notified us in accordance with our Terms and Conditions as set out that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product(s) does not comply with conditions as laid out in these Terms, we will examine the returned Product and will notify you if we decide to provide a repeat of the order, a refund (and if appropriate, the amount of your refund within a reasonable period of time). We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We reserve the right to refuse a refund in respect of any returned Product that has been tampered with or opened or that is custom made or ordered by us specifically at your request.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
When you place an order online, a contract is formed which obligates us to supply the goods you have ordered within the time stated. You have the right to cancel this contract within seven days from the date the Contract was formed or within seven days starting from the day after you receive the goods (whichever is the longer). Order cancellations must be made in writing (email is acceptable). If you cancel your order before the goods have been dispatched, we will refund your purchase price in full including any delivery charges. However, if you cancel your order after the goods have been dispatched, then we will refund the purchase of the goods excluding any carriage charges once the goods have been returned to us. Any additional carriage costs incurred by us will also be deducted from the amount refunded to you.
Order cancellation under Consumer Protection (Distance Selling) Regulations 2000 – if you are cancelling your order under the Consumer Protection (Distance Selling) Regulations 2000, it is your responsibility to return the goods to us or ask us to collect them. The cost of returning the goods to us will be deducted from any refund made to you. Your initial carriage costs will also be deducted from your refund. We strongly recommend that you organise the return yourself and this must be done using a reputable carrier and a ‘signed for’ service. If we need to organise to collect the goods from you, there will be an added charge of the carrier plus a small administration fee (charge is variable and dependent on distance to travel; breakdown will be disclosed upon request).
Please note: All goods returned as a ‘Cancelled Order’ must be unopened and in a perfect re-saleable condition. We inspect all returns and no refund will be made for goods that do not meet this condition. Once goods have been returned, we are legally obliged to refund you within 30 days, however we normally process all refunds with a maximum of seven days.
Description of Goods
Except as otherwise agreed in these Conditions all descriptive matters, samples, specifications, catalogues, and advertising matter are published or issued for the sole purpose of giving an approximate idea of the goods described in them. No information
contained in any of them or in any other document shall form part of the contractual description of the Goods nor shall they form part of any Contract, and we shall not be liable for any inaccuracies or omissions in them.
We reserve the right to make without notice such reasonable modifications in specifications descriptions or materials as it deems necessary or desirable.
The Buyer shall not be entitled to object to or reject the Goods or any of them by reason of such reasonable modifications.
We endeavour to:
– Provide a full ingredient list for every Product that we supply; and
highlight any relevant allergy information that is made available to use.
– Subject to clause 10.1, we shall not be liable for any allergic reaction suffered by any of your customers as a result of Products purchased from us.
Dispatch and Delivery
We aim to dispatch all orders placed on the same day or within one working day, dependent on time of order placement and stock levels. Please bear in mind that Saturday and Sunday and Bank Holidays are not classed as working days. If you are located in Ireland you will usually receive your order within a maximum of 3-5 working days although we do not guarantee this. Delivery times to other destinations vary but we always aim to get the goods to you as quickly as possible. If your order is for a special occasion then please tell us when you are placing your order as we’ll always do our best to meet your deadlines. We will not be held responsible for the goods once they have been passed to the courier or postal service,
however we will always work with you to resolve any issues that may arise. Our couriers require a signature for all deliveries – that way we can track your parcel in the event of any problems.
Our carrier will attempt to deliver only to the address you have given us so please make sure it is correct and that you supply a contact telephone number. If they are unable to deliver because there’s nobody available to sign for the parcel, they’ll leave a card asking you to contact them to arrange a convenient time to re-deliver. They will normally keep at their local depot for approximately 3-4 days before returning it to us.
If goods are returned to us because they could not be delivered then we will reserve the right to charge you for the cost of the return and the additional cost in dispatching the goods a second time, which will be at the full cost of the delivery ticket, and not a reduced delivery cost.. Should you not require us to re-send the parcel, you will be refunded the cost of the goods less a €3 administration fee.
We carefully pick and then double check each order to make sure that you get exactly what you wanted but very, very occasionally we make mistakes (after all, we’re only human!) so we strongly recommend that you examine your order as soon as it arrives and let us know if there are any discrepancies. If there’s a problem, you need to let us know within 48 hours of receiving your order so we can cross-check our stock and find out how the error occurred. We will not accept claims for shortages if you do not advise us within this time
Where the Buyer requests extra or special packing the Seller shall be entitled to charge the full cost of the same. Any such packing shall be at the Buyer’s own risk and no warranty is given as to the suitability or fitness or otherwise of such packing for its purpose.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Unauthorised use of this website may lead to a claim for damages and/or be deemed a criminal offence.
Right to Refuse
Aunty Nellies Sweet Shop Ltd reserves the right in its sole discretion to terminate any online account at any time, and refuse service and/or website access at any time. Sale of any goods or services are subject to availability.
This Agreement represents the entire understanding between you, the Buyer, and Aunty Nellies, the Seller, regarding your relationship to Online and supersedes any prior statements or representations. If you agree to be bound by the Terms & Conditions please ensure to click the ‘I have read and agree to the Terms & Conditions’ tick box when completing relevant forms on the website.