Conditions of Use
Terms & Conditions
Contents
1 Definitions
2 Our contract with you
3 Your account with us
4 Price and Payment
5 Delivery
6 Foreign taxes, duties and import restrictions
7 Goods returned
8 Disclaimers
9 Content and Intellectual Property Rights
10 Your email address
11 Your Material
12 System Security
13 Acceptable use Policy
14 Indemnity
15 Miscellaneous provisions
16 Sale and Doorbuster Offers
17 The Hobby Den & Consumer Law
Trading terms & conditions of The Hobby Den: These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
We are: The Hobby Den
Our address is: Unit F3,Kildare Business Park,Kildare Town, Ireland
You are: a visitor to our website / our customer
Terms & Conditions
1 Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Our Website" means the entire computing hardware and software installation that is or supports Our Website.
"Goods" means any of the Goods we offer for sale on our Website
"Content" means any material in any form published on Our Website by us or any third party with our consent.
"Material" means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Goods.
2.3 Your contract to purchase items from our website is not complete until you receive an email from us notifying you that we have dispatched your order.
2.4 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
2.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of your order.
3 Your account with us
3.1 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.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Prices include Irish value added tax.
4.3 You must pay us the full price of your order before we will send any part of it.
4.4 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 Euros will be borne by you.
4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4.7 SALE items are subject to availability and exclude any other promotion(s). No extra percentage off applies to Sale items.
5 Delivery
5.3 Deliveries will be made by the Carrier to the Shipping address stipulated in your order. You must ensure that someone is present to accept delivery.
5.4 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.5 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.6 Goods are sent at you risk unless you select registered post then goods are sent at our risk.
5.7 Goods that are sent by post. We will send you a message by email to tell you when we have despatched your order.
5.8 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
6 Foreign taxes, duties and import restrictions
6.3 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
6.4 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.
7 Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
7.3 You must tell us by email message to sales@thehobbyden.com you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint. When you purchase online or by phone you have a statutory right to return unopened goods (other than perishable or customised) up to 14 days after receiving your order: this is the cooling off period. (European Directive on Distance Selling) We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the unopened goods to us and we will organise a refund (excluding delivery cost).
7.4 We do not accept returns unless there was a defect in the Goods at the time of purchase or we have agreed in correspondence that you may return them.
7.5 So far as possible, Goods should be returned:
7.5.1 with both goods and all packaging as far as possible in their original condition;
7.5.2 securely wrapped;
7.5.3 including our delivery slip;
7.5.4 at your risk and cost.
8 Disclaimers
8.3 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.5 We give no warranty and make no representation, express or implied, as to:
8.5.1 the adequacy or appropriateness of the Goods for your purpose.
8.5.2 the truth of any Content on Our Website;
8.5.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.5.4 compatibility of Our Website with your equipment, software or telecommunications connection.
8.5.5 compliance with any law;
8.5.6 non-infringement of any right.
8.6 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.7 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 Website or the purchase of Goods.
8.8 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9 Content and Intellectual Property Rights
9.3 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.4 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.5 Except as set out below, 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.
9.6 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
9.7 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10 Your email address
10.3 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.4 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us
