AGREEMENT FOR USING THE NEWBRIDGE SILVERWARE ONLINE ORDERING SERVICE - TERMS AND CONDITIONS

Important Notice: This page (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.newbridgesilverware.com to you through our online ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. By ordering Products through this website you agree to be legally bound by and act in accordance with these terms and conditions and by all other applicable provisions.

1 General Information

Newbridge Cutlery Company Limited trading as Newbridge Silverware ("We" and “Us”) of Cutlery Road, Newbridge, Co. Kildare, Ireland, a company registered in Ireland under company number 31783, provides this website www.newbridgesilverware.com. Our e-mail address is internetsales@newbridgecutlery.ie. Our VAT number is IE8Z 135165

2. Your status

By placing an order through our site, you warrant that:

2.1 You are legally capable of entering into binding contracts;

2.2 You are at least 18 years old;

2.3 You are resident in one of the Serviced Countries [insert link]; and

2.4 You are accessing our site from that country.

3. How the contract is formed between you and us

3.1 You may place an order on this website by using our online ordering service. In using our online ordering service you will be:

3.1.1 asked to provide details in respect of your shipping address and your billing address and confirm your acceptance of these terms and conditions;

3.1.2 shown the order page, displaying your information, that of the products you have ordered and delivery and other charges: by continuing you will be confirming that the details of your order are correct and that you accept the delivery and other charges;

3.1.3 asked to input your credit card details and complete the placing of your order; and

3.1.4 on fulfilling each of the above requests, given confirmation that your order has been placed and a reference number in respect of your order.

 3.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the “Order Notification”). 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 to the e-mail address that you supply to us when a Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. 

 3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 3.4 Please note that while we guarantee to send to you an Order Notification of every valid order we receive from you and a Dispatch Confirmation in respect of every dispatch of a Product to you, you will understand that we cannot guarantee that each such Order Notification and/or Dispatch Confirmation that we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

 3.5 These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.

4 Disclaimer and Conditions of Use of the on-line ordering service

4.1 Only people resident in the Serviced Countries as displayed in our Delivery Policy may use our on-line ordering service. In the order form, you will be asked to indicate your country of residence from a drop-down box of the Serviced Countries, and if your country of residence is not listed then we cannot accept an order from you. 

 4.2 You will ensure that your responses are not misleading or inaccurate and you acknowledge that we are reliant upon you to complete the order form accurately.

 4.3 The Website Terms of Use apply to this agreement and form part of these terms and conditions.

 5 Privacy Policy

5.1 By agreeing to these terms and conditions you agree to the terms of our Privacy Policy.

5.2 If you have questions or concerns regarding our Privacy Policy, please e-mail us at internetsales@newbridgecutlery.com.

 6 Right to cancellation

6.1 You have the right to cancel the Contract without penalty and without the need to give us any reason at any time during the period of seven working days (Monday to Friday inclusive) beginning on the day after you receive the Products.

 6.2 In the event that you cancel a Contract in accordance with paragraph 6.1, we agree to reimburse you, free of charge and within 30 days of notification of withdrawal, the purchase price you paid for the Product(s).

 6.3 To cancel a Contract you must send us notice in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, at your own cost and risk. 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.

 6.4 You are solely responsible for the cost of returning the Products to us, and for ensuring that the full and correct postage is paid.

 6.5 This right of withdrawal shall not apply, in any event, to any Products made to your specification or personalised at your request.

 7 Description, Pricing and Payment

7.1 A description of the Products ordered and the price of those Products, together with details of all applicable taxes and delivery costs, and arrangements for payment and for delivery of Products will be included on the order form screen for your review before you finalise the placement of an order with us.

 7.2 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.

 7.3 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, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

 7.4 Payment for all Products must be by credit card or through your Paypal Account.  A list of accepted card types is displayed on our site.

 8. Security Policy

8.1 We have made security a priority for our customers. All payment transactions are made on a secure server, which will encrypt and protect your information.

 8.2 We do not hold credit card numbers when these are provided to our secure e-commerce link. Credit card numbers provided through our e-commerce facility are processed in an encrypted form (using SSL 128-bit encryption). This provides a high level of security protection for our customers. Our e-commerce transactions are processed by Realex or Paypal depending on your choice of Payment Option.

 8.3 If you have questions or concerns regarding our Security and Privacy Policy, please e-mail us at internetsales@newbridgecutlery.com

9 Delivery and Risk

9.1 We will arrange for the carriage of the Products ordered to any reasonable address in a Specified Country requested by you. An additional delivery charge will be added to your order for deliveries based on weight and destination. This charge will be notified to you during the checkout process, at which point you may if you so wish refrain from continuing with placing the order.

 9.2 Please allow 3-7 working days from the date of the Dispatch Confirmation for deliveries within the Republic of Ireland and Northern Ireland. Please allow up to 3 weeks from the date of the Dispatch Confirmation for all deliveries outside of the Republic of Ireland and Northern Ireland. All deliveries within the European Union shall in any event be made within 30 days of you placing your order.

 9.3 Shipping dates and estimated times or delivery or arrival will be the last available or known to us and shall not be of essence of the contract. We will pack the Products ordered in a manner reasonably suitable for safe transportation to the destination. We accept no liability for claims with carriers, insurers, warehouses and others for misdelivery, non delivery, loss, damage or delay.

10 Title

The ownership of the Products to be delivered by us will only be transferred to you when you have paid all monies owing to us no matter on what ground.

11. Import duty

11.1 If you order Products from our site for delivery outside the Republic of Ireland they may be subject to import duties and taxes that 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.

 11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12 Limitation on Liability

12.1 Our liability to you in respect of any Products ordered shall be limited to the amount of the price paid for those Products, except that no limit shall apply for any loss or damage which cannot be excluded or restricted by law.

12.2 Notwithstanding anything else contained in these terms and conditions, we will not be liable to you for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

13 Returns Policy

For products ordered on this site, we will provide to the purchaser a refund or exchange so long as the merchandise returned is new, unused in its original packaging and returned to us within 30 days of the date of purchase and is accompanied by a properly completed returns form. Please email us at internetsales@newbridgecutlery.ie for a copy of the returns form to be completed. The shipping cost will be borne by the purchaser. Allow 14 business days for us to process your return. We cannot accept or refund purchases made anywhere other than on this website. Packages must be returned prepaid.

14 Termination

We shall have the right to terminate the contract forthwith in the event that you act in breach of your obligations under these terms and conditions.

 15 Complaints

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given. We will try to do our best to solve any problems that arise.

 16 Force Majeure

We do not take responsibility for any event that is outside our reasonable control nor for any consequential loss arising from such an event.

17 Entire Agreement

This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

18 Interpretation

In this Agreement:

18.1 reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;

18.2 words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;

18.3 any reference to a party to this contract includes a reference to his successors in title and permitted assigns; and

18.4 the headings to the conditions are for ease of reference only and shall not affect the interpretation or construction of this contract.

19 Law

This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

20 Severability

Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect

AGREEMENT FOR ACCESSING NEWBRIDGE SILVERWARE WEBSITE
TERMS AND CONDITIONS

Important Notice: This page (together with the documents referred to in it) tells you the terms and conditions that apply when you access our website. Please read these terms and conditions carefully. By using this website you agree to be legally bound by and act in accordance with these terms of use and by all other applicable provisions. If you disagree with these terms of use and/or with any other of the applicable provisions, you are not permitted to, and agree not to, use this website.

1 General Information

Newbridge Cutlery Company Limited trading as Newbridge Silverware ("We" and “Us”) of Cutlery Road, Newbridge, Co. Kildare, Ireland, a company registered in Ireland under company number 31783, provides this website internetsales@newbridgecutlery.ie. Our e-mail address is internetsales@newbridgecutlery.ie. Our VAT number is IE8Z 135165

2 Disclaimer

2.1 The advertising by us of products on this website constitutes an invitation to treat. It does not constitute an offer by us to sell you any goods.

2.2 This website is directed only at the residents of Specified Countries as specified in our Delivery Policy. No person outside those countries may enter into a contract with us.

2.3 While we endeavour to ensure that the information on this website is correct we provide you with this website on an "as is" basis only, to the maximum extent permitted by law. You accept that access to this website may be suspended at any time and without notice in the case of system failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

2.4 We make no representation or warranties of any kind, express or implied, as to the operation of this website or the information, reliability, completeness or timeliness of the content, materials or services available on this website or that the use of the website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of this website is at your own risk.

3. Your account

3.1 If you have an account with us on this website then you are responsible for maintaining the confidentiality of this account and any related passwords and for restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.

3.2 Other than personally identifiable information about you (which is defined under our Privacy Policy, as “Personal Data”) any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

3.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions

4. Permitted use.

4.1 You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; or (ii) purchasing products from us. Use of this website for any purpose other than the aforementioned private, non-commercial purposes is prohibited.

4.2 You agree not to post or transfer to our website (nor include in any message) any material:

4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; 

4.2.2 for which you have not obtained all necessary licences and/or approvals;

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world;

4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); and/or 

4.2.5 which facilitates misuse of this website (including, without limitation, hacking).

5. Intellectual property.

5.1 All information, data and materials presented on this website, including names, logos, images, designs, prices, its source HTML code etc., as well as the colour scheme and the layout of the website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights.  In consideration of our agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights in this website belongs to us. Accordingly, no part of this website may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

5.2 You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with paragraph 5.1 above.

5.3 We reserve our right to take such action as we consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of this website.

6. Links to this website.

6.1 You may not establish and/or operate links to this website without our prior written consent. Such consent may be withdrawn at any time at our discretion.

6.2 We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.

7 Modifications

7.1 We reserve the right to modify or withdraw, temporarily or permanently, the website or any part thereof without notice to you and we confirm that we shall not be liable to you or any third party whether in contract or in tort for any modification to or withdrawal of the website

7.2 We further reserve the right to change the website conditions from time to time, and your continued use of the website, or any part of it, following such change shall be deemed to constitute your acceptance of such change.

8. Limited liability.

8.1 We will not be held liable for any losses and/or damages arising from the use of this website or of any other website to which this website provides a link, and/or from the use of information presented on this or any such other website.

8.2 Without limitation to the provisions of paragraph 8.1 above, any other party (whether or not involved in creating, producing, maintaining or delivering this website) including the officers, directors, employees, shareholders or agents excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interruption and whether in tort, negligence,  contract, warranty or otherwise in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website. further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

8.3 Nothing in this legal notice shall exclude or limit our liability for:

8.3.1.    death or personal injury caused by negligence (as such term is defined by the unfair contract terms act 1977); or

8.3.2.    fraud; or

8.3.3.    misrepresentation as to a fundamental matter; or

8.3.4.    any liability which cannot be excluded or limited under applicable law

9 Interpretation

In this Agreement: