1. PRELIMINARY MATTERS
1.1. THESE TERMS (“THE TERMS”) SET OUT THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH ANY ORDER OR PURCHASE MADE BY YOU FOR ANY OF THE GOODS MADE AVAILABLE AT THIS WEBSITE (THE “PRODUCTS”). THE TERMS HAVE BEEN DESIGNED TO CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, PROTECTING YOUR RIGHTS AS A VALUED CUSTOMER AND OUR RIGHTS AS A BUSINESS.
1.2 BY USING THIS WEBSITE AND/OR BY PLACING ANY ORDER OR PURCHASING ANY OF THE PRODUCTS, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS.
1.3 THE TERMS MAY BE SUBJECT TO AMENDMENT AT ANY TIME. PLEASE READ THEM CAREFULLY BEFORE PLACING ANY ORDER. THE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1.4 IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
1.5 For the purposes hereof, the expression “Us” / “Our” / “We” / “the Seller” means Beautiful You Limited, a limited liability company incorporated under the laws of Ireland and having its registered office at Rose Cottage, Rockfield, Moyard, Co. Galway, Ireland (email: patricia @patriciaotoole.com) and the expression “You” / “Your” means a user of this website.
2. USE OF OUR WEBSITE
2.1 The Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Seller. You agree and undertake as follows:
(a) to provide correct and accurate email, postal and/or other contact details to Us and acknowledge that We may use these details to contact You in the event that this should prove necessary in relation to your enquiry, order and/or request. [For information about our privacy practices, please refer to Our Privacy Statement];
(b) if You do not give Us all of the information requested at the time You place an order, that we may not be able to accept and fulfil your order;
(c) to use this website only to make legitimate enquiries or orders; and
(d) not to make any speculative, false or fraudulent orders. If We are reasonably of the opinion that such an order has been made, We shall be entitled to cancel the order and inform the relevant authorities.
2.2 By placing an order through this website, You represent and warrant that You are at least eighteen (18) years of age and are legally capable of entering into binding contracts.
3. PLACING ORDERS AND ACCEPTANCE
3.1 All orders are subject to availability and acceptance. No contract in respect of any of the Products shall exist between You and Us until your order has been accepted by Us.
3.2 Acceptance of Your order will be confirmed by email along with confirmation that the Product has been (or will be) dispatched to You (the “Order Confirmation”). We will not be bound to supply any other products which may have been part of Your order until the order has been accepted and the dispatch of such Products has been confirmed in an Order Confirmation.
3.3 We will not process Your order until payment has been received in full.
3.4 We are entitled to refuse any order for any reason.
3.5 When making a request for or in connection with any of the Products You undertake that all of the details that You provide to Us are true and accurate, that You are an authorised user of the credit or debit card used to make Your request and that there are sufficient funds to cover the cost of the Product. It is Your responsibility to inform Us of any changes to these details as soon as possible.
4. PRODUCT AVAILABILITY
4.1 All orders for Products are subject to availability. In the event of supply difficulties or if any Product is no longer in stock, We will notify You. We reserve the right to give You information about substitute products of an equal or higher quality and value which You may order. If You do not wish to order such substitute products, We will refund any monies that You might have paid.
4.2 We reserve the right to withdraw any Product from this website at any time and/or to remove or edit any materials or content on this website.
4.3 We will use commercially reasonable efforts to process all orders, however, circumstances may arise which are outside of Our reasonable control and may make it difficult or impossible for Us to process Your order. We reserve the right to refuse or cancel the affected order in such circumstances on notice to You.
5. “COOLING OFF” PERIOD AND YOUR RIGHT TO CANCEL YOUR ORDER
5.1 If You are contracting as a consumer, You may withdraw from the contract and cancel Your order for the Products at any time prior to shipment or up to fourteen (14) days from the date that You receive the Products (the “Cooling Off Period”). If the Cooling Off Period expires on a non-working day, Your deadline is extended until the next working day. To exercise your right of withdrawal and cancel Your order, You must unequivocally inform Us of Your decision to cancel Your order before the expiry of the Cooling Off Period. You can do this by including a written statement to this effect when you are returning to the Products to Us or by notifying Us by email at patricia@patriciaotoole.com. It is not enough just the send the Products back to Us.
5.2 In the event of a withdrawal or cancellation made in accordance with the procedures set out in Clause 5.1 above, You shall receive a full refund of the price paid for the Products subject to and in accordance with our returns policy described below.
5.3 Your right to cancel Your order and/or contract for the Products and to receive a full refund only applies to Products that are returned in the same condition as You received them – this means in the original packaging and unworn, with all Product labelling and tags intact. You should also include any and all of the instructions, documents and wrappings for the Products with details of your proof of purchase. You will be responsible for the cost of returning the Product to Us.
5.4 You should take reasonable care of the Products while they are in Your possession. You should only handle and inspect the Products in the same manner as You would be allowed to do in a shop. For example, You may only try on a Product but are not allowed to wear it. If you use the Product to an extent more than necessary to establish the nature, characteristics and the functioning of the Product, You will be liable for any diminished value of the Product. Any Product which is damaged by You or which has been opened and worn or washed or where packaging has been tampered with will not be refunded.
6. PRODUCT DELIVERY
6.1 Subject to the provisions of Section 4 (Product Availability) above, We will endeavour to fulfil your order for the Products by the delivery date set out in Our acceptance of Your order or, if no estimated delivery date is specified, within 10 business days from the date of Our acceptance of Your order for the Products. Delays might arise from time to time if, for example, the Products comprise of or include specialised items or if unforeseen circumstances arise which are beyond Our reasonable control or due to the designated delivery area.
6.2 Delivery of the Products shall be deemed to have taken place at the time that receipt of delivery of the order is signed for at the delivery address provided by You.
6.3 If You are not home or otherwise unavailable to accept Your order when We deliver it, We may leave it with a neighbour or in another suitable and safe place. Alternatively, We may take it back to Our facilities and/or arrange for its redelivery or collection at another time.
7. RISK AND TITLE TO PRODUCTS
7.1 All risk of damage to or loss of the Products will pass to You on delivery.
7.2 Title to such Products will only pass to You on the date that We receive payment in full of all sums due by You (including delivery charges) in respect of such Products or upon delivery, whichever is later.
8. PRICES AND PAYMENT
8.1 The price of the Products shall be as quoted from time to time on our website, except where there is an apparent error. Whilst We take care to ensure that all prices quoted on our website are accurate, errors may occur. If We discover an error in the price of any Products You have ordered, We will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If We are unable to contact You, the order will be treated as cancelled and if You have already paid for the Products You will receive a full refund.
8.2 We are under no obligation to sell the Product(s) to You at the incorrect (lower) price (even after We have accepted Your order) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such.
8.3 All prices for the Products are subject to Value Added Tax, unless a valid exemption applies.
8.4 Prices and delivery charges may change at any time but (except as provided above) any potential change will not affect any order for the Products which at the time of any such change has already been placed by You and accepted by Us.
8.5 When You have finished shopping, all the items You wish to purchase are added to Your basket. Your next step will be to go through the checkout process and make payment.
8.6 Currently, we use Paypal to validate, authorise and process all payments made at this website. When making Your payment, if you click on “Authorise Payment” You are confirming that You are an authorised user of the card used. If We do not receive the required payment authorisation and payment, We will not be liable for any delay or non-delivery and We will not be able to form any contract with You in respect of Your order.
9. PRODUCT WARRANTY AND RETURNS
9.1 The Products comprise of dresses, trousers, skirts and other articles of clothing for wear by adults. We warrant that the Products are fit for their intended purpose and will be free from defects in design or workmanship for a period of three (3) months from their date of delivery to You. This warranty excludes damage caused by normal wear and tear or any damage caused by You.
9.2 If the Product does not conform to the contract at the time of delivery or otherwise falls within a valid warranty claim, You should promptly contact us by email at patricia@patriciaotoole.com with details of the Product and its damage. Alternatively, You can contact us by telephone at +353 (0)87 7717563. Should You decide to contact Us by telephone, You will be responsible for any telephone charges incurred by You, including roaming charges (if any) that might arise, in accordance with Your telephone service provider’s usual practices.
9.3 All Products returned to Us are subject to inspection on receipt. Following inspection, We will notify You by email within a reasonable period of time of Your right to a replacement or refund (if any). We aim to process the replacement or refund as soon as possible and, in any case, within thirty (30) from the date that We confirm to You by e-mail Your entitlement to a replacement or refund in respect of such non-conforming Product.
9.4 In the event a returned Product is found to be defective, the price paid by You for the defective Product will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. Refunds will be made using the same method as Your original payment.
9.5 The provisions of this Section 9 do not affect your statutory rights.
10. FORCE MAJEURE
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of Our obligations under an order or contract for the Products caused by events which are outside of Our reasonable control (each, a “Force Majeure Event”).
10.2 A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond Our reasonable control and includes but is not limited to:
(a) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(d) Strikes, lock-outs or other industrial action.
(e) Any shipping, postal or other relevant transport strike, failure or accidents.
(f) Impossibility of the use of public or private telecommunications networks.
(g) The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any order or contract for the Products shall be 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 to the extent We are in a position to do so or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
11. LIMITATION OF LIABILITY
11.1 Our liability in connection with any Product is limited to the purchase price paid for that Product.
11.2 Nothing herein shall exclude or limit in any way Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation or for any matter for which it would be illegal or unlawful for Us to exclude or limit, or attempt to exclude or limit, Our liability.
11.3 Subject to the provisions of Section 11.2 and to the fullest extent permitted by law, and unless otherwise stated herein, We accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, and waste of management or office time.
11.4 All Product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
11.5 To the fullest extent permissible pursuant to applicable law, but without excluding anything that may not lawfully be excluded in the case of consumers, We hereby disclaim all other warranties, representations and conditions of any kind. Due to the open nature of the Internet and the potential for errors in the storage and transmission of digital information, We make no warranties or representations of any kind as to the accuracy or security of information transmitted to or obtained from this website, unless otherwise expressly set out on this website.
11.6 Nothing in this Section 11 will affect Your statutory rights as a consumer or Your contract cancellation rights.
12. PROPRIETARY RIGHTS
12.1 The Products and this website, and all intellectual property rights in and to the Products and this website, are protected by international laws and treaties.
12.2 All designs, design rights, trade marks, logos, images, copyright, know-how and other intellectual property rights in and to the Products, or which are used by Us on or in connection with the Products, whether registered or registrable, are owned and/or controlled by Us. The PATRICIA O’TOOLE name and logo are trade marks of Beautiful You Limited.
12.3 Subject to Section 12.5, all copyright and other intellectual property and proprietary rights in and to this website, its get-up and arrangement and all material or content supplied by Us as part of the website vests in Us, Our licensors or assigns. You may use this website material only as expressly authorised by Us. This does not prevent You from using this website to the extent necessary to make a copy of any order or contract details for the Products.
12.4 No rights or licences to use any intellectual property is granted or implied by the Terms, except and to the extent expressly granted herein.
12.5 To the extent that this website includes or provides any references to material, information, trade marks or logos which are not owned, maintained or otherwise controlled by Us (the “Third Party Materials”), the ownership of such Third Party Materials shall vest in the respective owners of the same. Nothing in these Terms shall grant, whether expressly or impliedly, any right or permission to copy, reproduce, distribute, republish, transfer, licence, sell or otherwise use in whole or in part such Third Party Materials as may be incorporated by link or other means of reference into this website; such permission must be sought separately from the owners of the Third Party Materials.
12.6 In no event shall We be responsible for the availability, reliability, timeliness or accuracy of such Third Party Materials, or for the content, advertising, goods or services on or available therefrom. We make no warranties or representations whatsoever regarding the accuracy, adequacy, truthfulness, completeness, reliability or usefulness of such information. Each of the Third Party Materials may be governed by legal notices and privacy statements which differ from those of this website. The views and opinions expressed in such Third Party Materials, or any part of them, do not necessarily reflect Our views or opinions.
13. ELECTRONIC COMMUNICATIONS; NOTICES.
13.1 Applicable laws require that some of the information or communications We send to You should be in writing. When using this website, You accept that communication with Us will be mainly electronic. We will contact You by email 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.
13.2 All notices given by You to us should be given to us preferably through Our Contact Form on this website. Subject to the provisions of Section 13.1 above, We may give notice to You at the email or the postal address You provide to us when placing an order for the Products.
13.2 Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an email is sent, or three (3) 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 email that such email was sent to the specified email address of the addressee.
14. GENERAL
14.1 The agreement recorded herein and in any subject order or contract made by You is personal to You and 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.
14.2 No waiver of or failure by Us to act regarding any breach of these Terms shall constitute a waiver of any other breach.
14.3 These Terms and any document expressly referred to herein represents the entire agreement between You and Us in relation to the subject matter of Your order and/or contract for the Products and supersedes any prior agreement, understanding or arrangement between You and Us, whether oral or in writing. By entering into and such contract for the Products, You acknowledge that you have not relied on any representation, undertaking or promise given by Us or be implied from anything said or written in negotiations between You and Us prior to such contract except as expressly stated in these Terms.
14.4 If any of these Terms 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.
14.5 These Terms are governed by the laws of the Republic of Ireland.
14.6 Any questions in relation to these Terms should be directed to Us by email at patricia@patriciaotoole.com .