Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.
1. INFORMATION ABOUT US
1.1 We are Mizenhead Sales Ltd, a company registered in Ireland under registration number 8289465H, Our registered address is Seafield Ind Estate Bantry Cork
1.2 If You have any questions, complaints or comments about this Site then You may contact Us at email@example.com or phone us within office hours on 00353 21 4272190
1.3 Our VAT number is: IE 6589474N
2. OUR CONTRACT
2.1 Your order ("Order") constitutes an offer to Us to buy the Goods you select via your Order on the Site. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.
3. REGISTRATION, PASSWORDS AND SECURITY
3.1 You have the option to open an account via the Site to place Orders. On registration of an on-line account, You will select a Password and User Name that You can use to access Your on-line account.
3.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Site and will not be liable where Your Password or User Name is used by someone else.
3.3 You agree to notify Us immediately of any unauthorized use of Your Password or User Name of which You become aware.
4. PRICES AND DELIVERY
4.1 The price of the Goods is as stated on the Site from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance or Your Order to You (except in the case of obvious error). Prices shown are inclusive of Value Added Tax.
4.2 Unless You specify an alternative delivery option the Goods will be dispatched by An Post Courier. A signature will be required on delivery.
4.3 We shall endeavor to dispatch the Goods to You as soon as possible after You place Your Order, normally within 4 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
4.4 As soon as the Goods are delivered to You, You are responsible for them.
4.5 Payment for all Goods must be by credit or PayPal card. We accept payment with Visa/Delta, Mastercard, One 4 All, PayPal .
4.6 Irl orders:
For Your security, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.
We are unable to deliver to any address outside of the Island of Ireland
5. RETURNS AND CANCELLATION
5.1 We want You to be happy with Your purchase from Us. If You are unhappy with the Goods in any way please contact Our Customer Service Team on firstname.lastname@example.org or call 00353 21 4272190 as soon as possible.
5.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
5.2.1 that any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
5.2.2 certain remedies if Goods are defective;
5.2.3 a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 5.4 below.
Further details of Your statutory rights can be obtained from Your local Trading Standards Office.
5.3.1 If for any reason You are unhappy with Your Goods, You have the right to return them and receive a refund provided:
5.3.2 They are received back at Our Returns Department; Mizenhead/Timberland 28 Grand Parade Cork or to any of our stores mentioned above within 28 days. These 28 days commence the day after Your Order has been shipped; and
5.3.3 they have not been damaged, washed, altered or excessively worn and must include the original packaging, labeling and Mizenhead Returns Form (enclosed with the delivered Goods).
5.3.4 For all purchases of SALE items we will only accept returns within 14 days of receipt of goods. This does not affect your statutory rights.
5.3.5 For promotional purchases e.g 'buy an item get another free', you must return (unworn) any 'Free' items in order for us to offer a refund on non faulty goods.
5.3.6 Our "3 For 2" promotion may not be used in conjunction with ANY other offer ie. Discount or Sale items
5.4.1 In addition to Your right of return which is subject to the conditions set out in paragraph 5.3 above, You have the right to cancel Your purchase and receive a full refund provided You notify Us in writing as set out in 5.4.2 that You are exercising this right of cancellation no later than seven working days (i.e. excluding weekends and bank holidays) beginning with the day after You received Your Goods.
5.4.2 Contact us by email at email@example.com, or write to us at Mizenhead/Timberland 28 Grand Parade Cork
5.4.3 Follow the returns instructions as outlined in section 5.3.2 of this site.
5.4.4 Please note that if You fail to take reasonable care of returned Goods, or fail to return the Goods to Us, We will be entitled to make a claim against You for any losses which We suffer.
5.5 Faulty Goods
5.5.1 If Your Goods are faulty or do not meet the description given on the Site, please contact Us as soon as possible at firstname.lastname@example.org We will refund the value of Your Order for those Goods.
5.5.2 Please use the Timberland Returns Form (enclosed with the delivered Goods).
6. LIMITATIONS ON OUR LIABILITY TO YOU
6.1 Nothing in these Terms and Conditions of Trade shall:
6.1.1 exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence of Our employees or agents; or
6.1.2 restrict Your statutory rights (See 5.2 above).
6.2 These Terms and Conditions of Trade shall not:
6.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
6.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer.
6.3 Our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
6.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.
7. DATA PROCESSING AND PRIVACY
7.1 INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Contact information (name, address, contact telephone number and email address) and your IP address, your browser type, and your referring URL
7.2 LAWFULNESS OF PROCESSING
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR.
It is Mizen Head’s policy to identify the appropriate basis for processing and to document it, in accordance with the regulation. The options are described in brief in the following sections.
Unless it is necessary for a reason allowable in the GDPR, Mizen Head will always obtain explicit consent from a data subject to collect and process their data. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent.
7.2.2. Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
7.2.3. Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
7.2.4. Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. Mizen Head will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data.
7.2.5. Task Carried Out in the Public Interest
Where Mizen Head needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
7.2.6. Legitimate Interests
If the processing of specific personal data is in the legitimate interests of Mizen Head and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
7.3 USE OF OF YOUR DATA
We may use your Data where necessary for our legitimate business interests, including:
Improve the content of our Site and the services we offer
Ensure the Site is presented in the most effective manner for you and for your computer
Compile statistical data on the use of our Site
Notify you about changes to our service
We make no attempt to identify individual visitors, or to associate the technical details we collect with any individual, unless required to disclose such information by law. We may use your Data to comply with any legal obligations.
We will store your personal Data only for as long as necessary for the purposes of providing access to our Site and related services to you; as required by law.
7.4 DISCLOSURE OF YOUR INFORMATION
We will not disclose your Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil a request you have made or contract that you have entered into. Where appropriate, Data may also be processed by our service providers in which case we will take steps to ensure that the processing complies with applicable data protection and confidentiality laws. We will also disclose your Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order or other statutory or legal requirement.
7.5 LINKS TO OTHER SITES
Our Site may, from time to time, contain links to and from other websites. If you follow a link to any of those websites, please note that those websites have their own privacy policies and we do not accept any responsibility or liability for those policies. Please check those policies before you submit any Data to those websites.
7.6 SECURITY AND WHERE WE STORE YOUR PERSONAL DATA
We are committed to protecting the security of your Data. We use a variety of security technologies and procedures to help protect your Data from unauthorised access and use.
We have implemented strict internal guidelines to ensure that your privacy is safeguarded at every level of our organisation. We will continue to update policies and implement additional security features as new technologies become available.
Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Site. Any transmission of Data is at your own risk. Once we receive your Data, we will use appropriate security measures to seek to prevent unauthorised access or disclosure.
7.7 CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change this Privacy Statement from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last Updated” date at the bottom of this Privacy Statement. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Statement periodically for updates.
8. ELECTRONIC COMMUNICATIONS
8.1 By using this Site, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on this Site. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
9.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on this Site and, where practical, We will endeavor to alert users to key changes via the homepage.
9.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
9.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
YOUR ATTENTION IS DRAWN SPECIFICALLY TO SECTIONS 8 AND 9 WHICH SET OUT IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU.
1. Permitted Uses of the Web Sites; Restrictions.
(b) You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Sites any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). Whilst we take all reasonable steps to ensure that the Web Sites are free from Viruses, we do not guarantee that this will be the case at all times. You may not use the Web Sites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Sites. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Web Sites. If you download software or any other content from the Web Sites, you do so at your own risk.
2. Accuracy of Information.
We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, the information on any of the Web Sites may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Web Sites.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks owned by Mizenhead, and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Mizenhead. Nothing contained on any of the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Web Sites without our written permission or the written permission of such third-party owner.
4. Linking to the Web Sites.
Any permitted links to the Web Sites must comply with all applicable laws, rules and regulations and any applicable policies of Mizenhead Sales Ltd. If you intend to create any link from another web site to any page on the Web Sites, you will inform us via email at:email@example.com. We reserve the right to prohibit any such link at any time. Running or displaying the Web Sites or any information displayed on the Web Sites in frames or similar means on another web site without our prior written permission is prohibited.
5. Third-Party Links.
From time to time, the Web Sites may contain links to other web sites that are not owned, operated or controlled by us or our affiliates ("Third-Party Sites"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Sites. Neither we nor any of our affiliates are responsible for any content or other information located on or accessible from any Third-Party Site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or other information located at, or accessible from, such Third Party Sites, or the results that you may obtain from using such Third-Party Sites. If you decide to access any Third-Party Site linked to or from the Web Sites, you do so entirely at your own risk.
6. User Information.
Note: Individuals who post User Information to the www.mizenhead,com web site agree to waive all so-called moral rights or other similar rights to such User Information.
7. Inappropriate Material.
You are prohibited from posting or transmitting to any of the Web Sites any User Communication that we reasonably believe to be: (i) unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, profane; (ii) invasive of privacy or personal information; (iii) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iv) of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information; (v) advertising or an offer to sell or buy any goods or services; (vi) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vii) otherwise objectionable or in violation of applicable law, rule, regulation or order. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from any of the Web Sites of objectionable User Communications. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.
YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATIONS OF LIABILITY.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEB SITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITES. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITES, ANY WEB SITES LINKED TO THE WEB SITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE DISCLAIMERS IN SECTIONS 8 AND 9 ABOVE DO NOT APPLY TO PRODUCTS WHICH ARE DEALT WITH IN OUR TERMS OF SALE ON THE SHOPPING SITES.
11. Choice of Law; Jurisdiction.
We may suspend or terminate your use of the Web Sites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
15. Statutory Rights.