Full Terms & Conditions for Abyss Coffee shop
These terms and conditions regulate the business relationship between you and us. By using Abyss Coffee Site in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
~ We are: Abyss Coffee
~ You are: a visitor to Abyss Coffee Site / our customer
Our contract with you
Acceptance of your order
Price and Payment
Security of your credit card
If you buy as a Consumer
Delivery and pick up
Foreign taxes and duties
Liability for subsequent defects
Waste Electrical and Electronic Equipment Regulations 2011
Your account with us
Restrictions on what you may Post to Abyss Coffee Site
Your Posting: restricted content
How we handle your Content
Removal of offensive Content
Security of Abyss Coffee Site
In this agreement:
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on Abyss Coffee Site by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on Abyss Coffee Site, or, if the context requires, goods we sell to you.|
|“Abyss Coffee Site”||means any website of ours, and includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Abyss Coffee Site, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Abyss Coffee Site.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Abyss Coffee Site in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Abyss Coffee Site; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on Abyss Coffee Site.
- It is possible that the price may have increased from that posted on Abyss Coffee Site. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- All prices shown in the store include tax.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- Unless stated otherwise, the price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Abyss Coffee Site before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Abyss Coffee Site safe for you to use.
- We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
- As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Abyss Coffee Site terms and conditions or in catalogues.
- You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
- The option to cancel your order is not available:
- if you purchase sealed Goods and they become unsealed after delivery, or cannot be re-sold for some other reason;
- If the Goods you return show any sign of damage or loss
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
- This paragraph does not affect your rights in the event that the Goods are faulty.
8. Delivery and pick up
- We shall deliver the Goods within advertised time. However the delivery depends on Carrier terms. Therefore a delay may occur due to uncontrollable events or volume of Goods.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- We may deliver the Goods in installments if they are not all available at the same time for delivery.
- All Goods must be signed (if applicable) for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods may be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9. Foreign taxes and duties
- If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defects
- We will repair or replace Goods which fail to comply with the provisions of the Supply of Goods and Services Act 1980or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
- If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
- If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
- All our Goods comes with manufacturer warranty.
11. Goods returned
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations:
- The Goods we supply to you come with a manufacturers warranty (as per manufacturers warranty instructions). If you discover fault within warranty period you are entitled to replacement or repair- please refer to manufacturers warranty details.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
- So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip; or manufacturer’s delivery slip.
- at your risk and cost.
- You must tell us by email message to email@example.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
- Any additional instructions for returning faulty Goods are on Abyss Coffee Site. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
- In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
- If delivery was made to Irish address, you are also protected by the Supply of Goods and Services Act 1980.
- If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
12. Waste Electrical and Electronic Equipment Regulations 2011
- These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge.
- Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
- If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Abyss Coffee Site, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Abyss Coffee Site or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
14. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Abyss Coffee Site, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
15. Restrictions on what you may Post to Abyss Coffee Site
You agree that you will not use or allow anyone else to use Abyss Coffee Site to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
16. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
17. How we handle your Content
- If you Post Content to any public area of Abyss Coffee Site it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Abyss Coffee Site, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Abyss Coffee Site and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright and Related Rights Act 2000.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Abyss Coffee Site.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
18. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Abyss Coffee Site for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Abyss Coffee Site, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- We may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
19. Security of Abyss Coffee Site
If you violate Abyss Coffee Site we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Abyss Coffee Site, or any software used within it.
- link to Abyss Coffee Site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Abyss Coffee Site, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Abyss Coffee Site or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Abyss Coffee Site, other than as permitted by this agreement or as is reasonably necessary for your use of Abyss Coffee Site;
- share with a third party any login credentials to Abyss Coffee Site.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Abyss Coffee Site for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
21. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Abyss Coffee Site, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
22. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
- We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr/
23. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- By using our any sales channel you agree to receive promotional emails with an option to unsubscribe at any stage.
- Any communication to be served on either party by the other shall be sent by first class post or recorded delivery or by e-mail.
|It shall be deemed to have been delivered|
|* If sent by post to the correct address: within 72 hours of posting;|
|* If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.|