Welcome to the Eyrebrushed Beauty & Skin Clinic website Terms and Conditions for use. These Terms and Conditions apply to the use of this website at www.eyrebrushed.ie. By accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
Eyrebrushed Beauty & Skin Clinic
7 William Street
Co. Kilkenny R95VHN7
TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING GOODS FROM OUR SITE.
If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail at the e-mail address set out above.
Eyrebrushed Makeup Studios, trading as Eyrebrushed Makeup & Beauty Studios or Eyrebrushed,
(“www.eyrebrushed.ie”), owns and operate this Website. This document governs your relationship with www.eyrebrushed.ie (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.eyrebrushed.ie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.eyrebrushed.ie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.eyrebrushed.ie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.eyrebrushed.ie you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.eyrebrushed.ie retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(A) OUR CONTRACT
When you place an order, you will receive a confirmation e-mail confirming receipt of your order. A contract between us will be formed upon receiving this confirmation e-mail.
Only those goods listed in the confirmation e-mail sent will be included in the contract formed.
We may send you an e-mail to say that we can not process your order. This is typically for the following reasons:
1. the Goods are not available;
2. we cannot obtain authorisation of your payment;
3. you are not permitted to purchase the Goods; and
4. there has been an error by us on the pricing or description of the Goods.
(B) PRICING & AVAILABILITY
1. Our prices include VAT.
2. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Any Goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Site. Such Goods may not necessarily be in perfect condition so please check that they of a satisfactory quality for their intended particular use.
(C) RETURNS POLICY (see tab below)
Upon placing order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a delivery email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(E) DELIVERY (see tab below)
(F) RISK AND TITLE
Title in the goods shall pass to the Customer when payment has been made under the Contract.
Risk in the goods shall pass to the Customer upon delivery of the goods.
You must notify us of queries and/or complaints in writing within fourteen (14) days of receipt of the Goods.
We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, and the parties hereby agree that the relevant Irish courts will have exclusive jurisdiction in relation to the Terms and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts. Irish law will apply to these Terms.
DISCLAIMER OF LIABILITY
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Unless expressly stated to the contrary to the fullest extent permitted by law www.eyrebrushed.ie and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.eyrebrushed.ie’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless www.eyrebrushed.ie, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.eyrebrushed.ie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.eyrebrushed.ie. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed the owner of www.eyrebrushed.ie.
Unfortunately, it is not possible to make any amendments to your order once your order has been confirmed.
All Orders are shipped via An Post or DPD Courier depending on weight and location. You will receive an email to confirm dispatch.
Any items purchased with a pre-order item will not dispatch until the pre-order dispatch date.
Eyrebrushed is not responsible for any items that are lost via the standard postal service.
By placing your order you are agreeing to these terms & conditions.
We trust that goods will arrive safely and in a timely fashion, however if, on the rare occasion they don’t, please let us know immediately so we can fix the issue.
If goods arrive damaged, please email us within 48 hours of delivery with photos of the damaged goods. We will gladly replace any damaged goods that cannot be used.
Our website and ordering forms are securely hosted (via HTTPS protocol) so that all information you enter on the website is encrypted before it is sent to us.
We do not hold/store any credit card information to guarantee your shopping security.
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on secure (password- and firewall-protected) servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website. We may use the persistent cookies to: enable our website to recognise you when you visit.
When using standard web browser settings, the session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
THIRD PARTY COOKIES
These are cookies that are set by other websites that help provide a Service to this Website. These cookies have a set expiration date.
For more information regarding Google Analytics, please visit: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
• Stripe: We use Stripe.com to process all credit card transactions. Credit card details are never stored on any website or server. Stripe uses encrypted credit card authentication for complete safety. Cookies are used to store and authenticate this encrypted data.
For more information regarding Stripe, please visit: https://stripe.com/ie/privacy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
We may collect, store and use the following kinds of personal information to:
• Administer the website.
• Improve your browsing experience by personalising the website.
• Enable your use of the services available on the website.
• Send to you goods purchased via the website, and supply to you services purchased via the website.
• Send statements and invoices to you, and collect payments from you.
• Send you general (non-marketing) commercial communications.
• Send you email notifications which you have specifically requested.
• Send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications).
• Provide third parties with statistical information about our users – but this information will not be used to identify any individual user.
• Deal with enquiries and complaints made by or about you relating to the website.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
All our website financial transactions are handled through our payment services provider, Stripe. We will share information with Stripe only to the extent necessary for the purposes of processing payments you make via our website and dealing with complaints and queries relating to such payments.
In addition, we may disclose your personal information:
• to the extent that we are required to do so by law;
• in connection with any legal proceedings or prospective legal proceedings;
• in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
• to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
Please let us know if the personal information which we hold about you needs to be corrected or updated.