1 Our Terms
As a customer of Pynck Fashion Limited, we would like you to be familiar with our trading terms, to ensure that your experience is a satisfying one. Please feel free to contact us by telephone at [insert contact number] or by writing to us at [email and postal address to be inserted here][1]if you have any questions.
1.1 About the Terms
Your purchase of goods from www.pynck.com (the “website”) is subject to these Terms and Conditions of Sale (the “Terms”). Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide goodsto you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.2 Accepting the Terms
By accessing and/or using the website and ordering any goods, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.
1.3 Amendments to the Terms
These Terms may be amended by us at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the website and before placing any Order. Whilst we are under no obligation to do so, should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or anythird party acting on our behalf.
2 information about pynck fashion
www.pynck.com is a website operated by Pynck Fashion Limited (“us”, “our”, “we”, “Pynck Fashion”). We are a limited liability company registered in Ireland under company number 595405 and have our registered office at 24 Merlyn Park, Ballsbridge, Dublin 4. Our VAT number is [ ][2].
Unless stated otherwise, we use the following terms:
(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
(b) reference to a “third party” in these Terms includes a reference to any agent or contractor of Pynck Fashion, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of orders made through the website, and includes any of them.
(c) a reference to the “website” means www.pynck.com.
(d) “Order” means an offer made by you in response to an invitation to treat made by Pynck Fashion via the website.
3 general terms and conditions of sale
You and Pynck Fashion may enter into a contract for the sale of goods described on the website, by you making an offer to Pynck Fashion via the website, to purchase the goods at the specified price, and Pynck Fashion accepting that offer [by way of confirmation email to you], subject to these Terms.
By placing an Order through the Website, you confirm that you have read, understood and agree to these Terms in their entirety and you agree to be bound by them. If you do not agree to these Terms in their entirety, you must not Order any goods through the website.
3.1 Entering a Contract
When you Order through the website you are required to provide us with certain compulsory personal information in order for us to process your Order. We will not store the details that you provide at the checkout (save for processing your Order, or if you have opted in to receive marketing from us). Please see our Privacy and Cookie Policy[3] to see how your personal information will be used and stored.
3.2 Acceptance of your Offer
Completion of the online checkout process does not constitute our acceptance of your offer to purchase goodsfrom us.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your Order. Our acceptance of your Order will take place only [when we email you to accept it/ when we dispatch the product(s)][4]. [Prior to dispatch of the product(s), Pynck Fashion has the right to decline an Order for any reason,.][5]
The duration of our contract with you will start from when you receive the [purchase confirmation email / Order dispatch email][6] and last until the last day of your right to return the goods.
If we cannot supply you with the goods you ordered for any reason, we will not process your Order We will inform you of this in writing (via email) and, if you have already paid for the goods, we will refund you in full as soon as reasonably possible.
If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Pynck Fashion has the right to stop or cease to fulfil the Order at any time, including after dispatch of goodsand/or notification to you that the Order has been received and is being processed. You acknowledge that Pynck Fashion shall not incur any liability in such circumstances.
[Our website is solely for the promotion of our products in the Republic of Ireland. Unfortunately, we do not accept orders from or deliver to addresses outside the Republic of Ireland.][7]
3.3 Our Goods
Goodsmay vary slightly from their pictures. The images of the goodson our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goodsmay vary slightly from those images. [Although we have made every effort to be as accurate as possible, because our goodsare handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a [2]% tolerance.]
The packaging of the goodsmay vary from that shown in images on our website. [If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.][8]
3.4 Price
All prices shown are in Euros and are inclusive of the current rate of applicable VAT. Prices do not include delivery and handling charges. Delivery and handling charges will be displayed on the website. Prices are valid until amended or removed from the website and are subject to change at any time.
3.5 Payment
Payment is taken by Pynck Fashion Limited. Payments must be made by debit card, credit card or another alternative payment method specified as part of the checkout process.All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy[9].
All card payments are subject to authorisation by your card issuer. Pynck Fashion will take payment at the same time as you place your Order or shortly before shipment of your Order (depending on the payment method chosen),
All goodsordered will remain the property of Pynck Fashion until we have delivered the goods to the address specified by you.
3.6 Supply and Delivery
3.6.1 Delivery
Orders will be sent to the delivery address that you have provided in your online Order form. Pynck Fashion cannot be held responsible if that delivery address is incorrect or incomplete. If delivery cannot be made to a customer due to the customer not being present at the address at the time of deliveryby the carrier or if a customer refuses to accept the goods, Pynck Fashion reserves the right to deduct the cost for returning products to the Pynck Fashion returns centre from the customer’s refund for the Order.
[If you have asked to collect the products from our premises,][10] you can collect them from us at any time during our working hours of [HOURS] on weekdays (excluding public holidays) [and Saturdays].[11]
If no one is available at your address to take delivery and the goodscannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot].[12]
[If you do not collect the products from us as arranged or] if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
3.6.2 Delays
Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment/delivery delays from our suppliers.
Where the supply of your goods aredelayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
3.7 Changes to your Order
If you wish to make a change to the goodsyou have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Any changes to your Order must be notified to us in writing and within a reasonable time.
3.8 Right to Cancel & Cooling Off Period
If you are contracting online as a consumer and are an EU resident, the Consumer Rights Directive 2011/83 (the “CRD”) provides that you may cancel a contract at any time within 14 calendar days, beginning on the day after you receive the goods.
You must inform us of your decision to cancel your Order within 14 days of receiving the goods. You can email Customer Services at info@pynck.com stating your wish to cancel your contract and quoting your Order reference number.
You must return all items to us at the following address:
[24 Merlyn Park, Ballsbridge, Dublin][13]
You will be responsible for any cost incurred or risk in returning the goods. You have a legal obligation to take reasonable care of the goodswhile they are in your possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.
3.9 Damaged or Incorrectly Supplied Products
We are under a legal obligation to supply goodsthat are in conformity with this contract.
You should check all goodsyou receive against your Order. If any goodsordered by you arrives damaged or is not of acceptable quality you may have legal rights and remedies under the Sale of Goods and Supply of Services Act 1980 or other applicable legislation to have the goods repaired or replaced or to receive a refund of the price paid by you for the product.
In the absence of evidence to the contrary, it will be presumed that non-conformities arising within six (6) months of delivery of the goods already existed when the goods were delivered.
Consequently, if any of the goods do not comply with the contract, you should notify us using any of the notification methods set out in these Terms.
If your order arrives damaged or is faulty, please contact our Customer Service Team at info@pynck.com.
3.10 Returns and Refunds
You are responsible for, and shall bear the cost of, returning the goods to us. The goods must be returned to us no later than 14 days starting from the day after the Order is cancelled by you.
The goods should be in new, unused and re-saleable condition and should be returned in their packaging.
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unacceptable way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Subject to the above deductions, we will refund you the price you paid for the goods plus an amount equal to the charge for the least expensive delivery method incurred by you (if any) in receiving the goods by the same method you used for payment.
Your refund will be made within 14 days from the day on which we receive the goodsback from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. Breach of your obligation to return the goods is actionable as a breach of statutory duty.
Please return the goods to the following address:
[24 Merlyn Park, Ballsbridge, Dublin 4][14]
3.11 Disclaimer and Indemnity
To the fullest extent permitted by law (and without limitation to any other provision of these Terms), Pynck Fashion, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any kind resulting from your access or use of the website;
- any unauthorised access to or use of the websites secure servers;
- any interruption or cessation of transmission to or from the website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and
- the quality or fitness for any purpose of any linked sites.
Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, Pynck Fashion and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website or any goods purchased on it.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods on the website. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods are suitable for your purposes.
You will at all times indemnify, and keep indemnified, Pynck Fashion, and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or fraud.This clause is not intended to exclude or limit any rights which you may have under the Sale of Goods and Supply of Services Act 1980.
3.12 Governing Law
The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or any Order placed on the website, although we retain the right to bring proceedings against you for breach of these Termsin your country of residence or any other relevant country. These Terms are governed by Irish law.
If you access the website in a jurisdiction other than Ireland, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the website complies with the laws of any country outside Ireland.
3.13 Severability
If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and PynckFasion.
3.14 Transfer and Assignment
If Pynck Fashion merges, sells or otherwise changes control of its business or this website to a third-party, Pynck Fashion reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Pynck Fashion has collected from you and any agreements it has made with you.
3.15 Waiver
The failure by Pynck Fashionto exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Pynck Fashion.
4 enquiries or complaints
Should you wish to make an enquiry or complaint regarding a product purchased from Pynck Fashion, please contact us via email at iinfo@pynck.com.
[1]Email and postal address to be inserted here.
[2]VAT number to be inserted.
[3]This policy will need to be drafted/put in place.
[4]Acceptance of offer to be deemed to take place on sending of confirmation email to customer, or on despatch of goods?
[5]This will only apply if acceptance of offer takes place on despatch.
[6] Acceptance of offer event?
[7]What is the intended sales territory?
[8]JO’N to confirm if this sentence is relevant to Pynck Fashion.
[9]Policy to be put in place.
[10]JO’N to confirm if this is an option for customers.
[11]Day/hours to be inserted.
[12]Ensure that this is acceptable to Pynck Fashion. Wording instead could simply be that if a customer is not present to accept deliver then storage costs and re-delivery will be at the customer’s expense, ie the follliwig wording: “If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for storage, transport and re-delivery costs”.
[13]Confirm address.
[14]Confirm address.
