GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE ARMSTRONG & OXFORD LIMITED WEB SITE
Thank you for visiting the Armstrong & Oxford Limited ("A&O") web site (the "Web Site"). Please note that everything on this Web Site is subject to these General Terms and Conditions and you should read these before going any further. You are treated as accepting these General Terms and Conditions by using the Web Site in any way including browsing. References in these General Terms and Conditions, and in the Terms and Conditions of Hire to "we" or "us" mean A&O. These Terms and Conditions are important to you and us as they have been designed to protect your rights as a customer and to protect our rights as a business and to create an understanding between us.
When you order any product or service from us, these agreements are governed by the Terms and Conditions of Hire as well as these General Terms and Conditions. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Hire shall apply.
The Web Site was last updated in April 2012
A. Intellectual Property Rights
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by A&O and/or its affiliates, or have been licensed to A&O and/or its affiliates by their content and technology providers or other rights holders so that A&O and/or its affiliates can use such material as part of their Web Site.
You are only allowed to use the Web Site and the material contained in the Web Site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of A&O or the owner of the rights in that material.
B. What You Are Allowed To Do
- You may access any part of the Web Site.
- You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with A&O or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".
What You Are Not Allowed To Do
- You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Allowed to Do" or with the express prior written permission of A&O.
- You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
- You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to A&O or its affiliates or licensed to A&O or its affiliates by their third party rights owners for use on the Web Site) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.
C. Disclaimer as to information on Web Site
The information in this Web Site is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, A&O is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action.
A&O uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
- A&O does not accept any liability for any error or omission in the material or information;
- All material and information contained on the Web Site is only provided for the purpose of providing information about A&O and the products and services it supplies.
A&O makes no representation or warranty regarding the contents or availability of the Web Site or that it will be timely or error-free, that defects will be corrected, or that the Web Site is free of viruses or bugs and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Web Site.
For the convenience of Users of the Web Site, there is an option for users to elect to have the information that they input when using this Web Site to be used on the website of Lafayette Graduation Services Limited, (or other co-operating companies as indicated).. . Although Lafayette Graduation Services use similar Terms and Conditions on their website, users of this Web Site are advised that Lafayette Graduation Services are a separate company / business to A&O. Although users may elect to have information that they submit when using this Web Site also used on the Lafayette Graduation Services website, it must be noted that any use of the Lafayette Graduation Services website is subject to their Terms and Conditions and, that any orders placed with Lafayette Graduation Services are subject to their Terms and Conditions of Sale and are in no way related to any orders placed with A&O.
The Web Site includes links to external web sites. These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily. A&O is neither responsible nor liable for the content of these web sites (including that of Lafayette Graduation Services referred to above).
D. Changes to Terms and Conditions
A&O reserves the right to make any changes to these General Terms and Conditions and, the Terms and Conditions of Hire. By browsing the Web Site you are accepting that you are bound by the then current General Terms and Conditions and if you choose to hire products, by the Terms and Conditions of Hire so you should check these each time you revisit the Web Site.
Variations to these General Terms and Conditions and the Terms and Conditions of Hire whether in relation to any Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing.
E. Governing Law and Contract Formation
You may submit orders to A&O via the Web Site for the hire by it to you of any product but no contract will subsist between you and A&O for the hire by it to you of any product or service, other than in accordance with our Terms and Conditions of Hire.
Information displayed on the Web Site relating to pricing and availability is subject to change by A&O without notice. The pricing which will apply to your order will be that displayed on the Web Site on the day you make the order [For the avoidance of doubt, any contract for the sale/or hire of any product from the Web Site will be deemed to have been concluded in Ireland. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of Ireland, and you and A&O irrevocably submit to the exclusive jurisdiction of the Irish Courts.
F. Supplier’s Identity & Address
Our company details & address are:Armstrong & Oxford Limited
Robe Hire Orders
1st Floor Graduation House
44 Fashion City
ARMSTRONG & OXFORD LIMITED -TERMS AND CONDITIONS OF HIRE
These Terms and Conditions of Hire govern all products / services you enter into a contract to hire on this Web Site ("Hire Products" and a "Hire Contract" respectively). These terms are specific to Hire Products but Contracts are also governed by the General Terms and Conditions above which you should also read. Variations to these Terms and Conditions of Hire shall only be effective if posted in this Web Site or specifically accepted and agreed by us in writing.
1.1 We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on the Web Site and it is your responsibility to read the terms and conditions on each occasion you use the Web Site and your continued use of the Web Site shall constitute your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Web Site.
1.3 By placing an order through the Web Site, you warrant to us that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old;
2. Supplier of Products
The Products you hire will be supplied by Armstrong & Oxford Limited (“ A&O ”) which is located at the address set out in the General Terms and Conditions above.
3. Description of Products
Every care has been taken to describe and portray Hire Products on this Web Site accurately using current technology, but variations in actual goods may occur.
The prices of Hire Products are stated on the Web Site and are quoted inclusive of VAT applicable to supply in Ireland. Where VAT does not apply a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice.
Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions above.
6. Input of Incorrect Information
We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.
7.1 You may submit orders to A&O via the Web Site for the hire by it to you of any Hire Product. Use of the Hire Product is limited to the person named in the Order Process. When ordering a Hire Product through this website, you must order the Hire Product before the cut off time agreed with your institution / organisation. This is typically two working days before your ceremony date. For example; if your graduation is on Monday, the deadline would be 12 midnight on the previous Wednesday . Bookings are given on a first come first served basis and are subject to availability and accordingly, early booking is advisable. You may notify us with any amendments to your order or your personal information by contacting us at email@example.com We shall endeavour to reply to you within 24 hours during business hours.. As we must make arrangements for the service of supplying the Hire Products, two days before the date of the Ceremony to which your booking relates, the provision of our services shall be deemed to have begun with your agreement on the date two days before the date of the Ceremony to which your booking relates and thereafter no cancellation may take place notwithstanding the Cooling Off Period hereinafter referred to.
7.2 When you order a Hire Product, we will send you a Booking Confirmation by e-mail at the time of your booking and an SMS three days before your ceremony date that we have received your order/booking, confirming details of the Hire, quoting a reference number. The Booking Confirmation will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when we have sent it to you. Booking Confirmation by A&O does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and is subject to your cooling off period and cancellation terms explained in the Terms and Conditions of Hire.
All Bookings / orders that you place with us will be on the basis of acceptance in accordance with the Terms and Conditions of Hire.
7.3 Your booking / order constitutes an offer to us for you to hire our Hire Products. All orders are subject to acceptance by us, and we will be deemed to have accepted such order when we send you a Booking Confirmation. The contract between us (“Hire Contract”) will only be formed when products for hire have been collected from our premises or have been delivered to the hire location as per the applicable arrangements.
7.4 The Hire Contract will relate only to those Hire Products which we have agreed and have confirmed in the Booking Confirmation. We will not be obliged to supply any other Hire Products.
8. Special requests
If you feel you have any special requirements, e.g. an extra small or large Hire Outfit, please request this by writing to us at the address shown in the General Terms and Conditions 14 days before your proposed hire date and we will do our best to meet your needs (but you acknowledge we may not be able to do so and it is not a term of the Hire Contract that we will).
9. Your Cooling Off Period
9.1 After accepting your booking/order, we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the booking (referred to in 6.4 above as the Booking Confirmation). If you do not receive such confirmation, then we have not received your booking/order and, you should e-mail us at firstname.lastname@example.org, to advise of your booking. You will from the date of the Booking Confirmation have a "cooling off" period during which you have a right to cancel the Hire Contract without charge. You may exercise that right by notifying us by email at email@example.com. We will refund any payments made by you if you exercise that right to cancel. The cooling off period and related right to cancel will end seven working days beginning with the day after the date on which the Booking Confirmation has been sent to you. Without prejudice to your statutory rights, or the cooling off period explained above, there is no cooling off period available to you in relation to the hire of Hire Products, once they have been collected by you.
10. General cancellation right
In addition to your right to cancel during the cooling off period as explained above, if you are unable to attend the relevant Ceremony, for whatever reason, we will refund the payment you have made under the Hire Contract provided we have received your request for cancellation in writing at least 5 working days before the date of the Ceremony. Your request should include your e-mail acknowledgement, details of your college/university and faculty, date and time of ceremony and a self addressed envelope An administration fee of €5.00 will be charged for making such cancellations (except where you notified us of cancellation within your cooling off period referred to above). For security reasons we do not hold credit card details received with your order; therefore we can only issue refunds by cheque, unless your credit card payment is still live with our payment gateway provider in which case refunds will be made to the card from which the payment was made.
11. Statutory rights
The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.
12. Our cooling off period
We will make every effort to fulfil Hire Contracts, however, you acknowledge that all Hire Products are supplied subject to availability. If for any reason we are unable to fulfil your Hire Contract, we will inform you at least 48 hours before the relevant Ceremony and you will receive a full refund in respect of your Hire Contract.
13. Collection Day
Your Hire Product(s) will be available prior to the ceremony in the robing room set aside by the College/University. Please bring the email confirmation that you have received from us with you. This is needed for the collection of your robes. A&O may require a deposit on the day of collection before robes are released. A selection of hats in varying sizes will be available when you collect your Hire Product(s). Labels attached to your Hire Product(s) must not be removed as they are used to register the return of the products.
14. Extra Time
If you wish to keep your Hire Product for a longer period after the Ceremony, please notify our staff when or before you collect your Hire Products who will issue you with a self-addressed label for the return of your hire products. Extra Time will incur an additional charge. Return postage to be paid by the Hirer. The Hire Product must not be taken out of Ireland.
15. Return of Hire Product
Hire Products that are not subject to agreed extra time as contemplated above must (unless otherwise stated on the website) be returned on the date of the Ceremony in good time and in good condition to the A&O collection area set aside by your institution. Overdue returns will incur an extra charge. We reserve the right to charge the full replacement cost for hire items which are not returned in a timely manner.
During the Hire Period, you are responsible for the safekeeping of the Hire Product and will be liable for the full retail price in the event of any damage or loss whatsoever occurring to it or in the event that the Hire Product is not returned on the date on which it is supposed to be returned under the Hire Contract. A&O’s total liability for any claim in relation to any Hire Contract howsoever arising shall not exceed the price payable under that Hire Contract.
“Payment for Hire Products will be made via the Web Site in accordance with the procedure explained in the Web Site”.
17.1(a) We take payment from your card at the time we receive, your order. The price you pay is the price displayed on the Web Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Web Site are accurate, errors may occur. If we discover an error in the price of the Hire Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Hire Products to you at an incorrect price, even after we have sent you a Booking Confirmation, if the pricing error is obvious and unmistakable.
17.1(b) The prices indicated on the Web Site are in Euros and include all Irish taxes (VAT).17.2 The possible delivery charges (if any) are indicated for you, as Products are chosen and are then invoiced at the end of the order in addition to the price of the Products. We reserve the right to modify our prices at any time but will apply the current rates as indicated to you on the Web Site or agreed in correspondence prior to the despatch of the order.
17.3 We offer payment by debit or credit card Please note that if we suspect fraud, we have the right to cancel the transaction for security reasons. If sufficient funds are not available, your order will not be taken into account. [For payments made online by credit card, the “Secure Socket Layer” (SSL) system of security is used, which allows for encrypting your banking information when on the network.
17.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
18. Statutory rights
The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.
19. Amendments to Contracts
We will consider requests to amend contracts, in terms of changing products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee for any amendment we agree to.
Armstrong & Oxford Limited’s total liability for any claim howsoever arising shall not exceed the price of the Hire Products supplied by A&O to you. A&O shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether A&O was or ought reasonably to have been, aware of the possibility of such losses.
For the avoidance of doubt, A&O's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for sale; (c) under the Consumer Protection Act 2007; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation (Sale of Goods and Supply of Services Act, 1980.), that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.
21. Delay and failure to perform
A&O shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Hire Product, if the delay or failure was due to any cause beyond its reasonable control.
Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by A&O in writing. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
23. Miscellaneous Provisions
23.1 All disputes between us arising out of or in any way relating to this Contract or any other disputes between us in any way connected with the subject matter of this Contract shall be governed by the laws of Ireland. This contract shall be interpreted and binding in its English language only. Both parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.
23.2 We shall be under no liability for any delay or failure to supply Hire Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
23.3 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Hire Products to any third party unless we agree to same in advance in writing. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
23.4 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
23.5 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representative.
23.6 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and us relating to the use of the Web Site and sets out the entire agreement and understanding between you and us for your use of the Web Site.
23.7 When using the Web Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Web Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23.8 All notices given by you to us must be given to Armstrong & Oxford Limited., Robe Hire Orders, 1st Floor Graduation House, 44 Fashion City, Ballymount, Dublin 24. , Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 22.7 above. Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.