TERMS & CONDITIONS
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.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Like A Fox Limited trading as Well Groomed
Our registered office address is: Block 1, Galway Financial Services Centre, Moneenageisha Road, Galway, Ireland.
Our Website is: www.wellgroomed.ie
You are: a visitor to Our Website / our customer
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website immediately.
The terms and conditions:
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
means all of the work we do and materials we buy to prepare or produce Specified Goods.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
means Goods which have been subject to work or process to your specific order (ie. Personalised or monogrammed items).
means any website of ours, and includes all web pages controlled by us.
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
2.4. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.8. these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available.
3.5. 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. We advise you to print a copy for your records.
3.6. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.7. 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.
4. Acceptance of your order
4.1. This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
4.2. Your order is an offer to buy from us.
4.3. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
4.4. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.4.1. accept the alternatives we offer;
4.4.2. cancel all or part of your order.
5. Extra Work
5.1. This paragraph applies to Specified Goods.
5.2. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
5.3. Nothing said or done by us is an acceptance of an order until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason. From that time, we are both bound to these contract terms.
5.4. If you wish to make any change to the specification of the Extra Work, you must contact us immediately and we will do our best to amend the order. If the Extra Work has already been completed you will need to pay for the Specified Goods in full.
5.5. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition, you will pay us a mark-up of 30% of the total cost of Extra Work.
6.1. Prices of Goods are shown on Our Website.
6.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
6.3. Prices include Irish value added tax. We currently do not deliver outside of the EU.
7.1. We will not split an order. We require the full price of your order before we will send any part of it.
7.2. Bank 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 Euro will be borne by you.
7.3. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
7.4. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
7.5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
7.6. 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 when we accept that repayment is due.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. Card payments are not processed through pages controlled by us. We use Shopify’s Payment Gateway and other third party online payment service providers who will encrypt your card or bank account details in a secure environment.
8.2. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
8.3. Third-party payment gateways and other payment transaction processors (such as PayPal or ApplePay), have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
8.5. If you have asked us to remember your credit card details in readiness for your next purchase, Shopify will securely store your payment details on our systems. These details will be fully encrypted and only used to process transactions which you have initiated.
9. If you buy as a Consumer
Please note that this paragraph does not apply to any Specified Goods you order through Our Website.
This paragraph applies if you buy as a consumer as defined in the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
9.1. As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
9.2. You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
9.3. The option to cancel your order is not available:
9.3.1. if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
9.3.2. sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
9.3.3. if the Goods become mixed inseparably (according to their nature) with other items after delivery.
9.4. If you decide to cancel your order within 14 days after we have despatched the Goods, you have a further 14 days in which to return the Goods.
9.5. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
9.6. If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
9.7. If the Goods you return, show any sign of damage then we shall be entitled to deduct the cost from your refund money.
9.8. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
9.9. To assist us in identifying your Goods on receipt by us, we ask you to provide your name and order number for a return reference to be placed below our address / returns label.
9.10. This paragraph does not affect your rights in the event that the Goods are faulty.
10.1. Goods are delivered within 30 days from the day you place an order to purchase the Goods. See Shipping Information for more information.
10.2. Delivery of Goods will be made by the carrier to the address stipulated in your order.
10.3. 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.
10.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
10.5. Goods are sent either by post or carrier depending on your chosen shipping method. We will send you a message by email to tell you when we have despatched your order.
10.6. If delivered by courier, when your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
10.7. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
10.8. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be emailed to you after you place your order.
10.9. Delivery times for Specified Goods may be slightly longer due to the Extra Work needed to complete the item. In this case, approximate delivery dates will be emailed to you after you place your order.
10.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
11. Foreign taxes and duties
11.1. If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
11.2. 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.
12. Liability for subsequent defects
12.1. We will repair or replace Goods which fail to comply with the provisions of the Supply of Goods and Services Act 1980 or which show a defect. If you claim that the item is defective, the following conditions apply:
12.1.1. the defect must be reported to us within four weeks of becoming apparent;
12.1.2. the defect results only from faulty design or manufacture;
12.1.3. you have returned the defective Goods or parts to us if we have so requested.
12.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
12.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
13. Goods returned
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations set out in section 9:
13.1. 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.
13.2. Before you return Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
13.3. So far as possible, Goods should be returned:
13.3.1. with both Goods and all packaging as far as possible in their original condition;
13.3.2. securely wrapped;
13.3.3. including our delivery slip
13.3.4. at your risk and cost.
13.4. Detailed instructions for returning faulty Goods are on Our Website Returns & Cancellations page. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
13.5. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
13.6. If delivery was made to an Irish address, you are also protected by Supply of Goods and Services Act 1980
13.7. If we agree that the Goods are faulty, we will:
13.7.1. refund the cost of return carriage;
13.7.2. repair or replace the Goods as we choose.
14. Waste Electrical and Electronic Equipment Regulations 2011
14.1. These regulations provide that suppliers like high street shops and internet retailers must allow Consumers to return their waste equipment free of charge.
14.2. Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
14.3. If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
15. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
15.1. be unlawful, or tend to incite another person to commit a crime;
15.2. consist in commercial audio, video or music files;
15.3. be sexually explicit or pornographic;
15.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
15.5. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
15.6. be made on behalf of some other person, or impersonate another person;
15.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
15.8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
15.9. link to any of the material specified in this paragraph;
15.10. use distribution lists that include people who have not given specific permission to be included in such distribution process;
15.11. send age-inappropriate communications or Content to anyone under the age of 18.
16. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
16.1. hyperlinks, other than those specifically authorised by us;
16.2. keywords or words repeated, which are irrelevant to the Content Posted.
16.3. the name, logo or trademark of any organisation.
16.4. inaccurate, false, or misleading information.
17. Removal of offensive Content
17.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
17.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
17.3. If you are offended by any Content, the following procedure applies:
17.3.1. your claim or complaint must be submitted to us in the form available on our Contact us page.
17.3.2. we shall remove the offending Content as soon as we are reasonably able;
17.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
17.3.4. we may re-instate the Content about which you have complained or we may not.
17.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.5. you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
18. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
18.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
18.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
18.3. download any part of Our Website, without our express written consent;
18.4. collect or use any product listings, descriptions, or prices;
18.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
18.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
18.7. share with a third party any login credentials to Our Website;
18.8. Despite the above terms, we now grant a licence to you to:
18.1.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
19.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
19.2. All conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the fullest extent permitted by law.
19.3. 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.
19.4. 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.
19.5. We give no warranty and make no representation, express or implied, as to:
19.5.1. the quality of the Goods;
19.5.2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
19.5.3. the correspondence of the Goods with any description;
19.5.4. the adequacy or appropriateness of the Goods for your purpose;
19.5.5. the truth of any Content on Our Website;
19.5.6. compliance with any law;
19.5.7. non-infringement of any right.
19.6. 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.
19.7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods or services you have purchased.
20. Your account with us
20.1. 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.
20.2. 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.
20.3. 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.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
21.1. your failure to comply with the law of any country;
21.2. your breach of this agreement;
21.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
21.4. a contractual claim arising from your use of the Goods;
21.5. a breach of the intellectual property rights of any person.
22. Intellectual Property
22.1. Copyright works owned by you or a third party are unaffected by this agreement.
22.2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
22.3. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
22.4. We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
23. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015
The following terms apply in the event of a dispute between the parties:
23.1. If you are not happy with our services or have any complaint then you must contact us via the Contact Us page.
23.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
23.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr/
24. Miscellaneous matters
24.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
24.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
24.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
24.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
24.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
24.8. This agreement does not give any right to any third party.
24.9. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
24.10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
24.11. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
Information about your statutory right to cancel
Your right to cancel
Under the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason (except when ordering Specified Goods).
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You may use the below model cancellation form, but you can use your own words as long as your intention is clear.
Model Cancellation Form
To Well Groomed, email@example.com,
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],