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3.1
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These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
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3.2
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Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
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3.3
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The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
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General
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Payment can be made using paypal and will be debited when we have accepted your offer to purchase.
All prices are quoted in euro and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
We are legally obliged to perform the contract with you within 30 days of receipt of your order if we do not your money will be refunded.
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Delivery Details and Returns Policy
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5.1
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Delivery - Ireland
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All deliveries are subject to stock availability and authorisation of your payment.
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We shall endeavour to despatch the Goods you have offered to purchase within 10-14 working days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible.
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We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at checkout.
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Delivery and handling are €8.50 irrespective of the number of items ordered.
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Your order will be delivered to you during office hours (9-5pm), Monday to Friday. We are unfortunately unable to specify the time at which the goods will be delivered to you.
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A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. We are legally obliged to perform the contract with you within 30 days of receipt of your order. If we do not your money will be refunded.
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Deliveries to the rest of the world
Delivery to all countries in the European Union costs are available on the website calculator.
We endeavour to despatch the goods you have offered to purchase within 7 working days from the receipt of your offer. If there are any delays, we will notify you of such delay as soon as possible.
Delivery to the rest of the world costs are available on the website calculator.
We endeavour to despatch the goods you have offered to purchase within 10-14 working days from the receipt of your offer. If there are any delays, we will notify you of such delay as soon as possible.
We are legally obliged to perform the contract with you within 30 days of receipt of your order. If we do not your money will be refunded.
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5.2
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14 Day Returns Policy
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We hope you’re happy with your new Shoetastic purchase! However, if you’re unhappy for any reason, here’s what to do.
Changed your mind?
If the shoes are not as you thought they would be or you simply do not like them when you get them or they do not match the outfit you bought them for, you have up to 14 days to return them to us. All we ask is that you send them back in the condition that you received them and in their original box.
The following is the way for you to return shoes to us:
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By post
Pack up the shoes carefully in their original box and a secure outer wrapper and send them back clearly addressed to:
Shoetastic
You should get a certificate of posting from the Post Office just in case your parcel goes missing, as we can’t help you if this happens.
We will refund your original purchase price. Sorry, but we don’t refund the charge made for the initial delivery to you, and you need to pay the postage to send the parcel back to us.
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Problem Shoes?
If your shoes are faulty or damaged when you receive them or if we have sent you the wrong shoes, we will meet the cost for you to post them back to us and we will offer you a refund (whichever you want, unless the shoes were a present to you – when the refund can only go to the original purchaser).
All of this is in addition to and does not affect your statutory rights.
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6
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Payment Options
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Payment
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We accept the following methods of payment.
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Payment may be made by any of the methods above and will be debited when we receive your order. The total amount you pay is the same, regardless of the payment method you use.
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7
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VAT
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Our prices in the European Union include VAT where applicable. Orders shipped to countries outside the EU may be subject to additional Sales Taxes and Import Duties.
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8
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Security & Data Protection
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8.1
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Data Protection
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We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
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8.2
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Our Data Protection Policy
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We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
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Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
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No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you.
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Your privacy and confidence will be respected at all times.
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8.3
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What Information is collected about you and how is it used?
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When you place an order we need to collect your name, address, e-mail and telephone number. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
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This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
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We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable by checking the box on the ‘Delivery details page'.
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8.4
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Third parties
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We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.
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8.5
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Consent
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By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
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8.6
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Cookies
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Cookies are small pieces of information that are sent from your browser to our web server.
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On this web site, cookies are used to keep track of the items you place in your shopping basket. These cookies expire after 2 days.
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We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
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You will need to ensure your cookies are enabled to allow you to purchase from our site.
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8.7
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Security
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The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the paypal payment process.
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8.8
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Subject Access Request
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On your written request, we will (within 40 days of such a request being received by us) supply to you details of the personal information which we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information which is not specifically requested by you.
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Under the terms of the Data Protection Acts, we are entitled to charge you €10.00 for the provision of information following our receipt of such a request.
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Once we have received your written request and payment of the fee, we will respond to your request within 40 days.
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You should note that, under certain circumstances, we will not be obliged to disclose the requested information to you, in which case we will explain to you the reasons for our refusal.
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9
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Distance Selling Regulations
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We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarised in the Confirmation Form.
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10
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Right to Cancel this Agreement
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Under the Distance Selling Regulations, you have seven working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us.
If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not re-imburse you for this.
You should return such Goods either to one of our stores or posted back to us as follows:-
Shoetastic Customer Service Team, Clonarn, Mullagh, Kells, Co. Meath A82 D577, Ireland.
Goods must be adequately sealed in the original packaging. Please note that An Post or equivalent may reject any package that is not adequately wrapped;
- fully complete the returns form included with the delivery package, this will ensure that you receive your refund or replacement goods promptly;
- please make sure that you have addressed the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
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11
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Limitation of Liability
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IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
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11.1
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Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Regulations, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
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11.2
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Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
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11.3
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To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
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11.4
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We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
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11.5
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All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
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11.6
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Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
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11.7
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No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
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11.8
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Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
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12
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Indemnity
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IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
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13
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Website Content
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We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
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14
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Contact Details
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If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 353469286584/0871739475, or e-mail us at info@shoetastic.ie or write to us at Shoetastic Customer Service Team, Clonarn, Mullagh, Kells, Co. Meath A82 D577.
We shall respond to any communication received by us as quickly as we can.
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15
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Law and Jurisdiction
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The Agreement shall be governed by and construed in accordance with Irish law and you agree to submit to the non-exclusive jurisdiction of the Irish courts. You are responsible for compliance with any applicable laws of the country from which you access our website.
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