General terms and conditions
This website is operated by Ciara-Cork. Throughout the site, the terms “we,” “us,” “our” and “operator” refer to Ciara-Cork. Ciara-Cork offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our site and/or purchasing anything from us, you agree to our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, vendors and/or content contributors.
Please read these Terms of Service carefully before visiting or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you will not be able to access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province where you live, or that you are of legal age in the state or province where you live and that you have given us your permission to allow all of your minor family members to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit worms or viruses or any code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card data) may be transmitted unencrypted and may include (a) transmissions over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit Card Data will always be encrypted during transfers over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written permission from us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: February 1, 2024
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Trade name: Ciara-Cork
Customer service mail: info@ciara-cork.com
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
ARTICLE 4 - EU & OTHER INTERNATIONAL CUSTOMERS
International customers, including customers from the EUROPEAN UNION (EU) are subject to import duties and taxes payable upon arrival. These charges are NOT included in the item price and must be paid by the customer. Import duties can vary widely, but are usually based on the price and type of item, the weight and dimensions of the package, the country of origin and the taxes, duties and fees of the destination country. You will usually receive an import invoice from DHL. From our experience, customs clearance is usually quite straightforward. Always consult the customs authorities or relevant government agencies for the most accurate and up-to-date information, as these rules may change. If you need detailed information about these charges, please let us know.
ARTICLE 5 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
The price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regulation applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any costs of shipment;
the manner in which the agreement will be concluded and what actions are required for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
any languages other than English in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.
Optional: available sizes, colors, type of materials.
ARTICLE 6 - THE AGREEMENT
The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
With the product or service the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. the visiting address of the trader's office where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales service;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods are on time.
returned, for example by means of proof of dispatch.
If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 8 - COSTS IN CASE OF WITHDRAWAL
If the consumer uses his right of withdrawal, the costs of returning the products are at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.
ARTICLE 9 - EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature
3. that cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
2. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
3. concerning bets and lotteries.
ARTICLE 10 - THE PRICE
I reserve the right to change the prices of the products and/or services offered during the validity period stated in the offer, including as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
1. they are the result of legal regulations or provisions; or
2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The place of delivery pursuant to Article 5, paragraph 1, Turnover Tax Act 1968 takes place in the country where the transport begins. In the present case, this delivery takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Therefore no VAT will be charged by the entrepreneur.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTICLE 11 - CONFORMITY AND WARRANTY
The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 12 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders of products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and disclosed to the entrepreneur representative, unless otherwise expressly agreed.
Article 13 - Duration transactions: duration, termination and renewal
Termination
The consumer may contract for an indefinite period and which extends to the regular delivery of products (electricity included) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 14 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Article 15 - Complaints procedure
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 16 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
ARTICLE 17 - PERSONAL INFORMATION
Your submission of personal information through the store is subject to our Privacy Policy. To view our privacy policy.
ARTICLE 18 - ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time and without notice (including after you have placed your order).
We have no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or renewal date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been changed or updated.
ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE.
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 - CESOP
Due to the measures introduced and tightened as of 2024 regarding the “Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)” and thus the implementation of Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.