Terms & Conditions

Welcome to the mossartdecor.ie website. Please find our terms and conditions associated with using our website (the “Terms”) outlined below. Please read all the Terms carefully prior to placing your order. Should you have any queries relating to these Terms, please contact us by email at office@mossartdecor.com

By using this website and/or placing an order you agree to be bound by the Terms set out below, and you agree to the processing of information as described herein and in our privacy policy and affirm that all data provided by you is accurate, complete and up-to-date.

These Terms may be updated from time to time. You should therefore check this page on a regular basis.  Changes to the Terms will apply to orders made subsequent to the amended Terms being published.

Please also read our privacy policy regarding personal information provided by you.

Delivery of Goods

We will use reasonable efforts to meet delivery dates, you should be aware that delivery dates are guidelines and we are not liable in contract, negligence, tort or otherwise for any loss or damage resulting from these delivery dates not being achieved, whatever the cause. 

Deliveries in Ireland are made by our courier service, GLS.  The flat rate for delivery in Ireland for packages of up to 30 kgs is €9.95. These prices are subject to change.  Please note that a signature is requested on delivery by our courier service. If you are not in when the item is being delivered and if the courier cannot find a safe location to leave the package, they will leave notification for you about where you can collect the item.

Deliveries to Europe and the Rest of the World are made by GLS or An Post registered post and the approximate cost is in the region of €20.00-€50.00 depending on the size and weight of the item.  These prices are subject to change.  Please note that a signature is requested on delivery as all items are sent via GLS An Post registered post. If you are not in when the item is being delivered and if the postal worker cannot find a safe location to leave the package, they will leave notification for you about where you can collect the item.

If you suspect that your parcel may have been damaged in transport, we advise you to open it and check its contents in the presence of the courier. If you find any of the items to be missing or damaged, report it to the delivery company and notify Moss Art Decor by e-mail.

Making an Order

The display of goods on this website does not constitute an offer to sell them as described, or to sell the goods at all.  By clicking to place an order you are making an offer to buy which incorporates these terms.  If we elect to accept your offer, you will receive an order confirmation.  We reserve the right to decline any order without giving a reason for doing so. 

Orders are only binding when confirmation is received by you.  You should check the order confirmation and notify us of any mistakes by email or telephone immediately; otherwise the details stated in the order confirmation apply to the Agreement.  

If you order goods and we accept the order, we reserve the right to notify you at any stage before the delivery of the unavailability of the particular item ordered.  You can then cancel the Agreement and we will refund you the purchase price in full.  Alternatively, you can accept any equivalent product we offer you.

Changes to an Order

We cannot accept changes to orders after they have been placed.

Order Acknowledgement

Once you have placed an order on our website, we will send you an email to acknowledge your order. This acknowledgement does not imply an approval of the order. Only when the order has been dispatched will the purchase contract be made and will you be charged for the goods ordered. You will be able to track your order on line by logging in to your account.

Pricing and Payment Options

You may be asked to supply certain information should you make a purchase from the site. Please read our privacy statement for more information in this regard.  When you provide this information you guarantee that it is accurate. You agree to pay all charges (including delivery and handling charges) incurred by users of your payment mechanism at the prices in effect when such charges are incurred.  It is your responsibility solely to pay any and all taxes associated with your purchase.

We reserve the right to refuse any order for any reason. Orders may be delayed or cancelled if we are not supplied with completely accurate information and/or is unable to contact the person who has placed the order and/or the primary cardholder.

Paypal/Bank Transfer Processing

Payments can be made for good via Bank Transfer or via your Paypal account.  Payment is collected from your Paypal account at the time your order confirmation is sent and prior to the goods being delivered.  If funds have ceased to be available the order will be cancelled. We will send you an email to confirm that your order has been sent.

If you choose to pay using a Bank Transfer all details of our back account will be supplied to you for the purposes of making payment.  Orders will not be confirmed until payment is received by us.

Pricing & VAT

Prices are subject to change without notice. Prices are inclusive of the Irish rate of VAT (where applicable).  Prices of individual products exclude delivery fees. The total cost of the order includes the VAT inclusive cost of the products ordered in addition to any applicable delivery fees.  Delivery fees are clearly marked when accessing your Shopping Cart or when choosing to Checkout.  Please pay attention to the final amount due at the Checkout as this will be the amount due to be paid by you.

Title to the Goods

Title to the goods ordered passes to you when the goods are shipped and when full payment is made.

Instalments

Where you have ordered more than one item we may make delivery in one or more instalment.

Exchange Rates

If you order goods from the website for delivery in the United Kingdom or any other Country outside the Euro Zone, Paypal or your Bank will determine the actual price you will be charged in accordance with their exchange rates.  All goods must be paid for in Euro.

Returns

If you are not completely satisfied with any item you ordered, we offer a cooling off period for 10 days from the date the product is received by you.   Returned goods not received by us within 30 days of purchase by you will not be refunded.  The item must be returned via the following means:

1. Please contact the returns department at office@mossartdecor.com for Return Merchandise Authorization Number (hereinafter “RMA)
2. The RMA must be clearly marked on the exterior of the returned package
3. All returns which do not have a valid RMA will not be accepted(this does not affect your statutory rights)
4. Return the item using pre paid registered post to our address at 197 Woodhaven, Castletroy, Ireland  eir-code: V94 D9NK, within seven days of the receipt of the item by you.

We will refund the sale price of any item you return to us in saleable condition within 30 days of the receipt of the item by us if it is the case that you are not completely satisfied with the item.  By saleable condition we mean all the original packaging must be complete and intact, seals must be unbroken. You will be responsible for the postage costs solely.  The returned item must be capable of being resold if returned by you.  Any item that is soiled and/or damaged will not be refunded and any returned items will be resent back to the original delivery address at an additional cost to cover shipping and handling costs.

Refunds will be made to you via the means of payment, this being Paypal or Bank Transfer.

If you send the unregistered package and we do not receive a returned item, and the shipment goes missing, we are unable to provide a refund.

Once we receive the returned items, we will inspect and restock the goods before processing a refund. Please note that it may take up to 30 days for the refund to process and for the funds to show in your account.  If you have paid via your PayPal or via Bank Transfer to our account the refund will be made to the payment method that you used for the order.

General

Accuracy

We endeavour to display accurate pricing, descriptions & information, images, and availability at all times. However, lighting differences and differences with monitors may lead to the actual colour of the products you receive being different to what you see on screen. Information can occasionally be entered erroneously on the system. In this case, we reserve the right to correct any such incorrect information which may have been published on our site.

Access

We reserve the right to refuse you access to this website at any time.  We reserve the right in our absolute discretion to, at any time and without notice, remove, modify or add information and services to any part of this website. We shall not liable if the website is unavailable for any period of time.

Third Party Sites

This website may contain links to other websites which we do not operate. We have no control over these other websites and we accept not responsibility for any loss or damage from your use of these sites. Use of these sites is subject to the terms and conditions as stated by each site.

Governing Law

These terms and conditions are to be construed in accordance with the laws of Ireland. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement

These Terms (including the Privacy Policy) constitute the entire agreement between us and you with respect to your access to and use of the Site and any third-party site accessed through the Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Availability

Delivery of goods is subject to availability of the goods themselves. And while we strive to ensure that availability is accurately reflected on the website, stock levels can change between the time an order is placed and the time of expected shipment. The processing of a payment does not obligate us to fulfill the goods in question, should the items not be available. In this case, we will contact you as soon as possible to let you know about the lack of availability and you will not be charged for out-of-stock items.

Unauthorised Access

We take reasonable care to safeguard against unauthorized parties accessing your order information. However, we shall not be held responsible for any loss caused by a third party accessing the data you have provided while using our site.  We shall not be held liable to any person for any loss caused by the use of any of the information contained in or displayed on our website.

For additional information about use data, sharing of data, etc. please see our privacy policy.

Disclaimers of Warranties

As permitted under the applicable law we disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement.

We do not warrant that the site or any function contained in the site will be uninterrupted or free from errors, that defects will be corrected, or that the site or the servers are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the materials incorporated in the site or any third-party site accessed through the site in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.

Not all products or services discussed or referenced herein are available to all persons or in all geographic locations. We reserve the right to limit the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this site is void where prohibited.

Pease note that advice or information obtained by you from our personnel or through this website shall not create any warranty not expressly provided for in these terms & conditions.

Remedy

If we are in breach of any warranty given by us, our liability shall be limited to

• replacement of the goods concerned; or
• at our option, reimbursement of the price.

Limitation of Liability

You expressly understand and agree that we and our affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from;

• the use or the inability to use the website;
• the use of any content or other material on the site or any website or websites linked to the site;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on this website; or
• any other matter relating to this website.

In no event shall we be liable to you for damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) exceeding the amount paid by you for the item purchased if any, for accessing this website or in making a purchase thereon. If you are dissatisfied with any portion of this website, or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this website.

We will not be held responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this website. The accuracy of the information is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore we cannot accept responsibility for any loss damage or expense incurred upon using the information.

Intellectual Property

Subject to these Terms, we have granted to you a non-exclusive, non-transferable, limited right to access and use this website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

All materials incorporated in or accessible through this website are protected by Irish and international copyright laws. Any use of such materials contained on this website, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, displaying, posting, performance, or other exploitation thereof, by any means or medium, without the prior written permission of the copyright owner is strictly prohibited.

Queries and Complaints

Notification of queries and/or complaints must be notified to us in writing within 14 (fourteen) days of receipt of the goods.

Force Majeure

We are not liable for delays in performance (including delivery service) caused by circumstances beyond our reasonable control.  Examples include strikes, problems with suppliers, transport, industrial relations problems, exchange fluctuations, governmental regulatory actions and natural disasters.  If the conditions last for more than three months, the Agreement may be terminated by either party without compensation.

October 2020