Terms and Conditions
Important
Please read our terms and conditions carefully before proceeding. By placing an order, you agree to our terms and conditions. No exceptions will be made.
For the purposes of these terms and conditions:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
Consumer: the natural person not acting for purposes relating to their trade, business or profession who enters into a distance contract with the trader.
Day: a calendar day.
Long-term contract: a distance contract concerning the regular delivery or receipt of products or services over a period of time.
Durable medium: any device that enables the consumer or trader to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person offering products and/or services remotely to consumers.
Distance contract: a contract concluded as part of an organised system for selling products and/or services remotely, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: any method that enables concluding a contract without the simultaneous physical presence of the consumer and the trader.
Terms and conditions: the present general terms and conditions of the trader.
Article 2 – Identity of the Trader
Email: support@carridendublin.com
Chamber of Commerce number: 95778918
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract that is concluded, as well as to all orders placed between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions are available for consultation at the trader's premises and that they will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer, upon request, either electronically or in another form.
In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer can always rely on the applicable provision that is most favourable to them.
If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the remainder of the contract and these terms and conditions shall remain in force, and the provision in question shall be replaced, in mutual agreement, with a provision that corresponds as closely as possible to the intent of the original.
Situations that are not regulated by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions must be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 – The Offer
If an offer has a limited duration or is subject to certain conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader reserves the right to modify and adapt the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, they must faithfully represent the products and/or services offered. Obvious errors or inaccuracies in the offer do not bind the trader.
All images, specifications and data included in the offer are indicative and cannot give rise to any claim for damages or cancellation of the contract. The product images represent the items offered as faithfully as possible, but the trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer includes information that clearly indicates to the consumer what rights and obligations are attached to acceptance of the offer. In particular:
- the price, excluding customs clearance costs and import VAT. These additional costs shall be borne and are at the risk of the customer. The postal or courier service will apply the specific import procedure and collect VAT (possibly together with customs clearance costs) from the recipient of the goods;
- any shipping costs;
- the manner in which the contract will be concluded and what actions are necessary to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the contract;
- the period for accepting the offer or the period during which the trader guarantees the price;
- the cost of distance communication if it differs from the standard base rate for the means of communication used;
- whether the contract, once concluded, will be archived and, if so, how it can be accessed by the consumer;
- the way in which the consumer can check and, if necessary, correct the data provided in the context of the contract before its conclusion;
- any other languages, besides Irish/English, in which the contract can be concluded;
- the codes of conduct to which the trader adheres and how the consumer can consult them electronically;
- the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colours and materials.
By placing an order, the customer acknowledges and agrees that they are solely responsible for the payment of any applicable import VAT and customs clearance fees charged by the postal or courier service in their country.
Article 5 – The Contract
The contract is deemed concluded at the moment the consumer accepts the offer and meets the corresponding conditions, subject to the provisions of paragraph 4.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may, within legal limits, gather information about the consumer's ability to fulfil payment obligations, as well as about all facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the contract, the trader is entitled to refuse an order or to attach special conditions to its execution, giving reasons for doing so.
The trader shall provide the consumer with the following information, in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, no later than upon delivery of the product or service:
- the trader’s physical address where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about after-sales services and guarantees;
- the data referred to in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
All agreements are concluded under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the contract without giving any reason within 30 days from the date of purchase. This period starts the day after the consumer, or a third party previously designated by the consumer and communicated to the trader, receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. In the event of withdrawal, the consumer must return the product, including all accessories provided, in its original condition and packaging, following the instructions provided by the trader.
The consumer must notify the trader of their intention to exercise the right of withdrawal within 30 days of receiving the product, by written message or email. Thereafter, the consumer is obliged to return the product within 14 days. Return must be proven by means of a shipment confirmation.
If the consumer does not notify the trader within the given timeframe or fails to return the product, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the direct costs of returning the product shall be borne by the consumer.
The trader will refund any amount already paid by the consumer as soon as possible, and in any case within 14 days from receipt of the withdrawal notification. However, the refund is conditional upon return of the product or submission of proof of shipment.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for the following products or services, provided that such exclusion was clearly stated in the offer or, at the very least, before the conclusion of the contract:
- Products that are made to measure or clearly personalised according to the consumer’s specifications;
- Products of a personal nature that cannot be returned for hygiene reasons;
- Products that are liable to deteriorate or expire rapidly;
- Sealed audio or video recordings or sealed computer software once they have been opened;
- Newspapers, magazines or periodicals sold individually.
The exclusion of the right of withdrawal also applies to services related to:
- Accommodation, transport, catering or leisure activities scheduled for a specific date or period;
- Services that have begun with the explicit consent of the consumer before the end of the withdrawal period;
- Betting and lotteries.
Article 9 – Price
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except in the case of changes to VAT rates.
In derogation of the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which are beyond the trader’s control, at variable prices. The offer shall explicitly state this link to market fluctuations and the fact that any prices mentioned are indicative.
Price increases within three months of the conclusion of the contract are permitted only as a result of legal regulations.
Price increases more than three months after the conclusion of the contract are permitted only if:
- they result from legal regulations or provisions; or
- the consumer is entitled to terminate the contract with effect from the day the price increase takes effect.
In accordance with Article 5(1) of the Dutch VAT Act of 1968, the place of supply is the country in which transport begins. If delivery takes place outside the EU, the postal or courier service will charge import VAT and/or customs clearance costs to the recipient. Therefore, the trader does not apply VAT.
All prices are subject to typographical and printing errors. The trader accepts no liability for the consequences of such errors. In the event of typographical or printing errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and/or usability, and applicable legal provisions in force at the time of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the trader, manufacturer or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Any defects or wrongly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the trader corresponds to the manufacturer’s warranty period. However, the trader shall not be held liable for the product’s suitability for specific purposes, nor for advice regarding use or application of the products.
The warranty does not apply in the following cases:
- The consumer has repaired or modified the products themselves or had them repaired or modified by third parties;
- The products have been exposed to abnormal conditions or handled negligently, or used contrary to the instructions of the trader and/or those stated on the packaging;
The defects are wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall take the utmost care in receiving and executing orders for products.
The delivery address shall be the one provided by the consumer at the time of order.
In accordance with Article 4 of these terms and conditions, the trader undertakes to fulfil accepted orders as quickly as possible, and in any event within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or if an order cannot be fulfilled, either in full or in part, the consumer shall be informed within 30 days of placing the order. In such case, the consumer has the right to dissolve the contract at no cost and may be entitled to compensation.
If the contract is dissolved in accordance with the previous paragraph, the trader shall reimburse the consumer as soon as possible and no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. It shall be clearly stated upon delivery that a replacement product is being supplied. The right of withdrawal shall not be excluded in such case. Return costs for replacement products shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated by the consumer and communicated to the trader, unless otherwise expressly agreed.
Article 12 – Long-term Contracts: Duration, Withdrawal and Renewal
Withdrawal
The consumer may cancel an open-ended contract concluded for the regular supply of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may cancel a fixed-term contract for the regular supply of products or services at the end of the agreed term, subject to agreed cancellation rules and a notice period of no more than one month.
In both cases, the consumer may cancel:
- At any time, without being bound to a specific date;
- In the same manner as the contract was concluded;
- With a notice period equal to that which applies to the trader.
Renewal
A fixed-term contract for the regular supply of products or services may not be renewed or extended automatically for a fixed term.
By way of exception, a fixed-term contract for the regular supply of daily or weekly newspapers or magazines may be extended automatically for a period not exceeding three months, provided the consumer can cancel the extension with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may be renewed automatically only for an indefinite term, provided the consumer may cancel at any time with a notice period of no more than one month.
A contract for the supply of daily, news and weekly magazines on a trial or introductory basis shall not be automatically renewed and shall end automatically at the end of the trial or introductory period.
Duration
If a contract has a term of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts payable by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins upon receipt of the contract confirmation by the consumer.
The consumer is obliged to report any inaccuracies in the payment data provided or stated to the trader immediately.
In case of non-payment by the consumer, the trader is entitled, subject to legal limitations, to charge the consumer any reasonable costs incurred, provided that these have been communicated in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the trader within 7 days after the consumer has identified the defects, providing a complete and clear description of the issue.
Complaints submitted to the trader shall be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader shall confirm receipt within 14 days and indicate when the consumer can expect a more detailed reply.
If a complaint cannot be resolved by mutual agreement, it shall become a dispute subject to dispute resolution procedures.
Submitting a complaint does not suspend the consumer’s or the trader’s contractual obligations, unless otherwise stated in writing by the trader.
If the complaint is found to be justified, the trader shall, at its own discretion, either repair or replace the delivered goods free of charge.
Article 15 – Disputes
All contracts concluded between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, regardless of the consumer’s place of residence.
Article 16 – CESOP
As of 2024, following the introduction and strengthening of the measures under the "Amendment of the VAT Act 1968 (implementation of the Payment Services Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record payment data in the European CESOP system.