Terms and conditions
Please read these terms and conditions carefully, as they contain important information about your rights and obligations. By continuing to browse this website you agree to be legally bound by these terms and conditions as they may be modified and posted on this web site from time to time. If you do not wish to be bound by these terms and conditions then you may not use this web site.
1.1 This web site is operated by webrandmerchandise.ie, a registered domain of Declan Fennelly (trading as Vocalise Designs), registered in the Republic of Ireland, with our place of business at 27 Monastery Heath Green, Clondalkin, Dublin 22. You may seek information about our products on this website. You may also order products and design services through this website. Printed products and design services referred to as the “Product”, throughout these terms and conditions.
2: Ordering and Purchase
2.1 The price of the Product, and the procedures for ordering, payment and delivery are displayed on this web site. You must pay by credit or debit card at the time of order. The price of the Product is the price in force at the date and time of your order. We may change the price of the Product before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 2.2 below). We will inform you if the Product’s correct price is higher than that stated on our website, and you may cancel the order and decide whether or not to order the Product at the confirmed price. At all times full payment, including shipping fees are required for work to begin on your order.
2.2 webrandmerchandise.ie is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
2.3 You undertake that all details you provide to us when ordering the Product will be correct, that the bank payment card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product involved. We reserve the right to obtain validation of your credit details before providing you with a copy of the Product.
3.1 Should your product contain manufacturing errors and/or defects, and/or does not match the approved proof, we would re-run the job at no charge, or alternatively offer you a full refund. We maintain the right to judge what a manufacturing error and/or defect is. You must arrange for and pay the costs of returning the Product to the vendor. Goods received in a faulty/damaged state must be notified to us within 3 working days. Products which have been produced to your bespoke requirements, and that are produced in line with specification, are not eligible for returns.
3.3 Every Product is produced on your approval of the artwork proof supplied to you by webrandmerchandise.ie. You are 100% responsible for the accuracy of your proofs. Please proof read all and every detail in each proof supplied to you. We do not accept any liability for spelling errors, mistakes or colour differences that have been approved by you. Artwork supplied to use by you is not checked in any way by us prior to printing.
4.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify webrandmerchandise.ie immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention.
5: Applicability of Online Materials
5.1 This website is controlled and operated by us. You assume total responsibility and risk for your use of this web site and use of all information contained within it.
5.2 webrandmerchandise.ie has used all reasonable endeavours to ensure that this web site complies with Irish law. However, we make no representations that the materials on this web site are appropriate or available for use in locations outside the Republic of Ireland.
5.3 webrandmerchandise.ie makes no warranties, expressed or implied, that making the Product available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Product or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Product is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Product. webrandmerchandise.ie accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.
6: Copyright and Monitoring
6.1 The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is webrandmerchandise.ie or other third-party licensors. All product and company names and logos mentioned in this web site are the trade-marks, service marks or trading names of their respective owners, including webrandmerchandise.ie. You may download material from this web site for the sole purpose of placing an order with webrandmerchandise.ie or using this web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without prior written consent from webrandmerchandise.ie, except where expressly invited to do so, for example in order to complete any test or questionnaire.
7: Linked Sites
7.1 webrandmerchandise.ie makes no representations whatsoever about any other web sites which you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from webrandmerchandise.ie and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that webrandmerchandise.ie endorses or accepts any responsibility for the content, or use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link(s) should be directed to its web site administrator or web master.
8: Availability of the Web Site
8.1 We will try to make this web site available at all times, but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this web site and in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.
9.1 webrandmerchandise.ie warrants that Products purchased from us will be free from defects in materials and workmanship under the approved usage of same, for a period of thirty days. webrandmerchandise.ie excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this web site or any information or service provided through this web site. webrandmerchandise.ie will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an “as is” basis.
9.2 In relation to the purchase of the Product, webrandmerchandise.ie accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct of indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this web site or its contents other than as a direct result of purchasing a copy of the Product, we accept no liability for this loss or damage (except where webrandmerchandise.ie has been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of webrandmerchandise.ie or its servants, agents or any other person).
9.3 If webrandmerchandise.ie is liable to you for any reason, webrandmerchandise.ie’s liability will be limited to the amount paid by you for the copy of Product concerned.
9.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with this web site. [You also understand that webrandmerchandise.ie cannot and do not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.5 The customer will indemnify and hold harmless the printer, webrandmerchandise.ie, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the printer on the grounds alleging that said printing violates any copyright or any proprietary right of any person. You certify that you own the rights to use the image(s), logos and text being reproduced on your order.
9.6 The limitations and exclusions in this paragraph 9 only apply to the extent permitted by applicable law.
10.1 webrandmerchandise.ie may assign, novate or subcontract any or all of its rights and obligations under these terms and conditions at any time.
10.2 webrandmerchandise.ie may alter these terms and conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the terms and conditions on this web site regularly.
10.3 These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and webrandmerchandise.ie. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by webrandmerchandise.ie or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions.
10.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.5 These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.
10.6 Neither you nor webrandmerchandise.ie will be held liable for any failure to perform any obligation to the other due to causes beyond your or webrandmerchandise.ie’s respective reasonable control.
10.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
10.8 Special Offers cannot be combined together on one order.
Updated on 17th October 2018