Terms and Conditions
To protect your own interests please read the conditions carefully before you click the tick box. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email the address and telephone number below BEFORE you place the order. YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from Unicorn Aromatherapy you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Sole Trader, David G Boulter trading as Unicorn Aromatherapy registration number 317474 (“the Seller”, “We” or “Us”) for certain products as set out in the pages on this site (“the Goods”). Our VAT Number is IE3322686L. Please note that the price of the Goods, the delivery charges and Value Added Tax (where applicable) are set out on the Order Form.
This Agreement is governed by the terms of the Consumer Protection legislation in the Republic of Ireland and the E-Commerce Act 2000.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.0 Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Delivery Area’ means the address chosen by you for delivery.
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means our electronic order form completed and submitted electronically by you;
‘Web Site’ our presence on the World Wide Web, currently accessible via the address: unicornaroma.ie
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2.0 Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out on an Order Form and which has been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.0 Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in a Delivery Area that we support and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirement.
4.0 Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 The price of the Goods does not include insurance. We are covering the cost of packaging, as part of the price of the goods and at no additional cost to you.
4.3 The total price is inclusive of any applicable value added tax.
5.0 Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account prior to delivery of the Goods to you, we will cancel the Order and suspend any further deliveries to you, until such time as payment is received. This does not affect any other rights we may have.
6.0 Delivery
6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control (see paragraph entitled “Force Majeure” set out in our Disclaimer policy). If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance, delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
6.6 In the event that your order is returned to us by An Post (or other assigned Courier) due to you failing to respond to a card left by either An Post/courier to contact them and arrange redelivery you will be responsible for paying additional monies to have your order redelivered. This amount will be notified to you by us. Redelivery charges are often higher than the standard charges applied when ordering online.
7.0 Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery or fail to respond to courier/An Post cards left to advise that a delivery attempt has been made, our responsibility for everything other than damage due to our negligence will end on the date that the initial delivery attempt was made, as set out in the contract.
7.2 The ownership of the Goods shall not pass to you until we have received in cash or cleared funds, being payment in full in respect of the Goods. Goods supplied to you are not for resale.
8.0 Warranties, liabilities and refunds policy
8.1 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.
8.2 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 7 days from the date of delivery. Claims for breakages must be supported by photographic evidence.
8.3 Where a valid claim in respect of Goods delivered is notified to us within 7 days of the delivery date, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 7 days of delivery, we shall be entitled to replace the Goods (or the part in question) free of charge, at our sole discretion.
8.4 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
8.5 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9.0 Right to Cancel
9.1 You have a cooling off period of 7 working days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your own cost and receive a full refund of the purchase price (excluding any shipping costs incurred by you in the return of the Goods).
9.2 During the cooling off period, any cancellation must be given by written notice by either party.
9.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packaging must be returned in reasonable condition.
10.0 Communications
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
11.0 General
11.1 Any communication sent by post will be deemed received by the intended recipient five days after mailing where sent by post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement.
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the Republic of Ireland.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
12.0 DISCLAIMER (forming part of the Terms and Conditions)
Medical Disclaimer
THE CONTENT PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE. ALWAYS CONSULT YOUR DOCTOR ABOUT HEALTH MATTERS THAT AFFECT YOU.
The content of our website has not been evaluated by the European Food and Dugs Administration and information on the Unicorn Aromatherapy website is not intended to diagnose, treat, cure or prevent any disease and it is not intended to substitute professional advice given by a Physician, Pharmacist or other licensed Healthcare provider. You should not use this information for treating health problem or to self-diagnose. Please contact a Healthcare provider if you require medical attention. If you are on medication, pregnant or breastfeeding, please contact a Healthcare provider before taking any of the products available on this website.
The information on this website should not be used as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. Unicorn Aromatherapy is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is Unicorn Aromatherapy responsible for any problems or difficulties which may arise though consumer use of products sold by Unicorn Aromatherapy. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
Please note, Unicorn Aromatherapy does not recommend taking Essential Oils internally. All products should be Patch tested prior to use to ensure that the user has no allergic reactions.
Disclaimers and Limitation to Unicorn Aromatherapy’s Liability for the Site
Unicorn Aromatherapy provides the Site and its contents ‘as seen’ and makes no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, content, information, materials or compliance. In addition, Unicorn Aromatherapy does not warrant that the information accessible via this Site is accurate, complete or current. Unicorn Aromatherapy, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential.
Nothing in these terms and conditions shall operate to exclude any liability which may not be excluded by law and these terms and conditions shall be construed accordingly.
Unicorn Aromatherapy are not liable for the supply of any third party products and the terms and conditions of the supply of third party products are subject to the relevant suppliers’ terms and conditions. Unicorn Aromatherapy’s liability to you is at all times limited to the cost of the products supplied and does not at any time include any indirect loss (be it for health problems or otherwise) or loss of profit.
External Sites
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “external sites”). Unicorn Aromatherapy is not responsible for the availability of, or the content located on or through any external site, nor for any transactions between you and such sites (including as to ‘personal data’, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster of those external sites if you have any concerns regarding such links, content or transactions.
Privacy
At Unicorn Aromatherapy we are committed to protecting your privacy. The information collected by you is protected under the Data Protection legislation in the Republic of Ireland.
Safety Disclaimer
All information, content and product descriptions contained in the Unicorn Aromatherapy website is provided for reference purposes only. The information is, to the best of our knowledge, true and accurate. No warranty, expressed or implied, is made or intended and no liability can be accepted with regards to said information.
It is up to the customer to adequately research the appropriate use and safety information for each item, including any governmental regulations in place for proper usage, and sale.
Force Majeure
Our performance of any part of a contract with you is subject to variation or cancellation and the grant of an extension of time from any cause arising from an act of God, war, strikes, lock-outs, flood, drought or other cause of any nature whatsoever beyond our control or owing to inability and time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforesaid reasons. In all circumstances time is not of the essence of the contract.
UNICORN AROMATHERAPY
Unicorn House
Doon East , Rosscahill
Co Galway
Ireland
Tel: 00353 (0)91 550913, unicorn2020@eircom.net