Terms of use

These terms and conditions (T&Cs) regulate the business relationship between you and us.

By using our web site in any way, or by buying from us, you agree to be bound by them.

No person under the age of 16 years may purchase goods.

1. Definitions

In this agreement: “Carrier” means any person or business contracted by us to carry goods from us to you.

“Our web site” means the entire computing hardware and software installation that is or supports our web site.

“Goods” means any of the goods we offer for sale.

“Content” means information in any form published on our web site.

2. Our contract with you

2.1. These terms and conditions apply: 

2.1.1. so far as the context allows, to you as a visitor to our web site; and

2.1.2. in any event to you as a buyer or prospective buyer of our goods.

2.2. Goods advertised may not be available.

2.3. We shall acknowledge your order by e-mail or phone upon receipt. However, no contract exists between you and us for the sale of any goods until we confirm that payment has been received and your order has been shipped.

2.4. The terms that apply to you are those posted here on our web site on the day you order goods.

2.5. All descriptions, weights and sizes of goods are those of the original manufacturers and you may not rely on their accuracy.

2.6. If we do not have the goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:

2.6.1 accept the alternatives we offer;

2.6.2 cancel your order;

2.6.3 leave the order valid, but tell us to omit the out-of-stock item.

2.7. If we owe you money (for this or any other reason), we will refund you as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

2.8. Goods are at your risk from the moment they are picked up by the carrier.

3. Price and Payment

3.1. You must pay us the full price of your order before we will send any part of it.

3.2. Any details given by us in relation to exchange rates are approximate only.

3.3. Banking 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.

4. Information you give us

4.1. 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.

4.2. We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

5. Delivery

5.1. Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. All registered deliveries are insured against physical loss or damage. Check the parcel in front of the deliverer. If you observe any damage, describe them on the receipt of delivery. Do not forget to date, sign and keep a double of the receipt – otherwise the insurance will not apply.

charlie brown kite - Kites Ireland

5.2. We may deliver the goods in instalments if the goods are not available at the same time for delivery.

6. Taxes, duties and import restrictions

6.1. We have no knowledge of, and no responsibility for the laws in your country of residence.

6.2. 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 of residence.

7. Goods returned

Because you are buying the goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:

7.1. You must tell us you wish to cancel within 6 working days after the day of your receipt of the goods. Request a return at >Returns

7.2. In any event, you may not cancel orders for handmade, specially commissioned or personalised goods;

7.3. The goods must be returned to us within 10 days of you telling us you wish to cancel:

7.3.1 with goods and packaging (in their original condition).

7.3.2 securely wrapped.

7.3.3 at your risk and cost.

7.4. We will refund you the full purchase price of the goods within 30 days of you telling us you wish to cancel.

7.5. If you do not return the goods to us within 10 days of you telling us you wish to cancel, we cannot give refunds.

8. Disclaimers

8.1. We or our content suppliers may make improvements or changes to our web site, the content, or to any of the goods, at any time and without advance notice.

8.2. You are advised that content may include technical inaccuracies or typographical errors.

8.3. We give no warranty and make no representation, express or implied, as to:

8.3.1 the adequacy or appropriateness of the goods for your purpose.

8.3.2 the truth of any information given on our web site;

8.3.3 any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose;

8.3.4 compatibility of our web site with your equipment.

8.3.5 compliance with any law.

8.3.6 non-infringement of any right.

8.4. Our web site contains links to other web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way.

8.5. 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 our web site or the purchase of goods.

8.6. In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

9. Content and Intellectual Property Rights

9.1. Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.

9.2. 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, except as is expressly permitted in this agreement.

9.3. You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

10. System Security

10.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our web site.

10.2. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage to any portion of our web site, or any software used on our web site, and that you will not permit any other person to do so.

charlie brown kite tree - Kites Ireland

11. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our web site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12. Contractual Limitation

Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

13. Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Rights of Third Parties Act.

14. Severability

If any of these terms 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.

15. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17. Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

18. Governing Law

This agreement shall be governed by and construed in accordance with the law of the Republic of Ireland.

19. Your Privacy & Cookies

Please refer to our Privacy Policy.

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