terms and conditions 
Contents
Trading terms and conditions of Mauro
Design Limited
These terms and conditions regulate the business relationship
between us. By using www.maurodesign.com, hereinafter
referred to as 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.
If you are under 18, please confer with an adult to make
your purchase.
We are: Mauro Design Limited
Our address is: 13 Brides Glen Avenue, Swords, Co. Dublin
You are: a visitor to Our Website / our customer
The terms and conditions
1 Definitions
In this agreement:
“Carrier” means any
person or business contracted by us to carry Goods
from us to you, whether all or part
of the distance.
“Consumer” means any
natural person who, in connection with this agreement,
is acting for purposes
which are outside his business.
“Our Website” means
the entire computing hardware and software installation
that is or supports
Our Website.
“Goods” means any of
the Goods we offer for sale on Our Website
“Content” means any
material in any form published on Our Website by us
or any third party with
our consent.
“Material” means Content
of any sort posted by you on Our Website
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2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor
to Our Website; and
2.2 in any event to you as a buyer or prospective buyer
of our Goods.
2.3 We shall accept your order by e-mail confirmation.
A 50% deposit is required. Our message will confirm details
of your purchase and include a link to PayPal to pay
the said deposit by credit card. PayPal will confirm
to both parties that payment has been processed by which
event our contract is made.
2.4 We may change some details on our Goods from time
to time. The terms that apply to you are those posted
here on Our Website on the day you order Goods.
2.5 From time to time, we may not be able to source
sufficient quantities to prepare our Goods. In this case,
we will offer you alternatives. If this happens you may:
2.6 If you buy Goods from us under any arrangement which
does not involve your payment via Our Website, these
terms still apply.
2.7 If we owe you money on account of your cancellation,
we will credit your credit or debit card as soon as reasonably
practicable but in any event no later than 30 days from
the date of cancellation of your order.
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3 Your account with us
3.1 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.
3.2 We reserve the right to refuse you access to Our
Website.
3.3 When purchasing Goods using
PayPal, you must abide by Paypal’s User Agreement,
Privacy Policy and Acceptable Use policy in addition
to this agreement.
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4 Price and Payment
4.1 We endeavour to keep Our Website and catalogue prices
updated and accurate but it is possible that the price
may have increased from that published. If that happens,
we will not send your order until you have confirmed
that you wish to order at the new price.
4.2 Banking 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 Euros will be borne
by you.
4.3 Any information given by us in relation to exchange
rates are approximate only and may vary from time to
time.
4.4 Prices include Irish Value Added Tax. If you show
by your delivery address that you reside outside the
European Union, VAT will be deducted.
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5 Delivery
5.1 Deliveries will be made by An Post or a carrier
instructed by us to the address stipulated in your order.
You must ensure that someone is present to accept delivery
as a signature will be required.
5.2 If we are unable to deliver your order after two
calls by our carrier, we will notify you to try to arrange
an alternative date for delivery, convenient to you.
If we have failed to contact you after 10 days from the
first time we attempted delivery, we will cancel your
order and return money paid for the goods. We will retain
any charge we made for delivery.
5.3 If we ourselves are not able to deliver your Goods
within 20 days of the date of your order, we shall notify
you by e-mail to arrange a later date for delivery and
giving you the option of cancelling your order.
5.4 Goods are sent at our risk until signed for by you
or by any other person at the address you have given
to us.
5.5 We will send you a message by
email to tell you when we have dispatched your order.
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6
Cancellation of order
6.1a If you are a citizen of the
European Union, and you bought non-personalised Goods
as a Consumer,
you may cancel your
order at any time before we dispatch your order or
before the expiry of 7 working days from the date
you receive
your order, not including the day you received it.
6.1b If you ordered personalised
Goods to be made according to your, the consumer's
specifications, your order may
not be cancelled once production has begun.
6.2 As required by the Distance Selling
Regulations, details of our after-sales service and
guarantees, if any, are given on our website.
6.3 If you cancel your order before we have sent
the non-personalised Goods, we will refund to you
the price of the non-personalised Goods and the cost
of delivery, if any.
6.4 If you cancel after we have dispatched the non-personalised
Goods, we will refund the price of the non-personalised
Goods only.
6.5 If you cancel your order after we have dispatched
the non-personalised Goods, you must return them
to us within 7 days in the same condition in which
you received them. We cannot refund your money if
the Goods have been used or damaged.
6.6 You are responsible for the cost of returning
them.
6.7 If you fail to return the non-personalised Goods,
within 14 days, we are entitled to arrange for their
collection. If we do we
shall look to you to repay
us the cost of collection.
6.8 We will refund your money within 30 days.
6.9 This paragraph does not
affect your rights in the event that the Goods are
faulty.
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7
Foreign taxes, duties and import
restrictions
7.1 If you are not in the Republic of Ireland, we have
no knowledge of, and no responsibility for, the laws
in your country.
7.2 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.
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8 Goods returned
8.1 Our most important task is to ensure
your absolute satisfaction. We will always strive to
reach that target.
However, we acknowledge that mistakes are
made occasionally. This paragraph covers that possibility.
If
you are not
wholly satisfied with the Product, please
tell us at the earliest opportunity:
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9 Disclaimers
9.1 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.
9.2 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.
9.3 We give no warranty and make no representation,
express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for
your purpose;
9.3.2 the truth of any Content on Our Website published
by someone other than us;
9.3.3 any implied warranty or condition as to merchantability
or fitness of the Goods for a purpose other than that
for which the Goods are commonly used;
9.3.4 compatibility of Our Website with your equipment,
software or telecommunications connection.
9.4 Our Website contains links to other Internet websites
outside our power and control. You acknowledge and agree
that we shall not be liable in any way for the Content
of any such linked website, nor for any loss or damage
arising from your use of any such website.
9.5 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.
9.6 In any event, including the
event that any term or condition or obligation on our
part (“Implied
Term”) is implied into these conditions by law,
then our liability is limited to the maximum extent permitted
by law, to the value of the goods or services you have
purchased.
9.7 The above two sub paragraphs do not apply to a claim
for personal injury.
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10 Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights
in connection with our Goods and Our Website, including
copyright in the Content whether provided by us or by
any other content provider (including copyright in: text,
graphics, logos, icons, images, digital downloads, data,
and software).
10.2 We also claim copyright in the designs and compilation
of all Content of Our Website. Title and ownership rights
shall remain the sole property of us and / or the other
Content Provider. We will strongly protect those rights
in all countries.
10.3 Except as set out below, you may not copy, modify,
publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or
in part.
10.4 You may not use our name or logos or trade marks
or any other Content on any website of yours or that
of any other person.
10.5 Subject to the other terms of
this agreement, you may download or copy Content
only for your own personal
use, provided that you maintain all copyright
and other notices contained in it. You may not store
electronically
any significant portion of any Content.
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11 Your email
address
11.1 You represent that any username or email address
selected by you, when used alone or combined with a second
or third level domain name, does not interfere with the
rights of any third party and has not been selected for
any unlawful purpose.
11.2 You acknowledge and agree that if we believe such
selection does interfere with the rights of any third
party or is being selected for any unlawful purpose,
we may immediately suspend the use of such name or email
address, and you will indemnify us for any claim or demand
that arises out of your selection.
11.3 You acknowledge and agree that
we shall not be liable to you in the event that we
are ordered or required
by a court or judicial authority, to desist
from using or permitting the use of a particular
domain name as
part of a name or email address.
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12 System Security
12.1 We will do our best to maintain Our Website so
that you have constant use, but there will be times when
your use may be interrupted.
12.2 You agree that you will not, and will not allow
any other person to violate or attempt to violate any
aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose
of extracting data from our website.
12.4 You understand that any such
violation is unlawful in many jurisdictions and that
any contravention of law
may result in criminal prosecution.
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13 Liability
Mauro Design shall have no liability for any damage
and loss of whatsoever nature (including, but not limited
to, direct and indirect loss, economic loss, pure economic
loss, consequential loss, loss of business, loss of contracts,
loss of revenues, loss of profits, loss of goodwill and
loss of reputation) whether arising under contract, statute,
tort, in equity or at common law, or for any claims,
awards, costs and expenses of whatsoever nature and howsoever
arising to the user or to any third parties.
For the avoidance of doubt, Mauro
Design shall have no liability for any damage to, or
viruses or worms that
may infect the user’s computer equipment or other
property as a result of the user’s access to, use
of, or browsing in the website or downloading of any
materials and works from the website including, but not
limited to, any data, software, documentation, electronic
text and image files. Furthermore, Mauro Design makes
no warranties or representations as to the accuracy of
information contained on this website and assumes no
liability or responsibility for any errors or omissions
in the content thereof.
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14 Indemnity
You hereby agree to indemnify Mauro
Design from and against any and all damage and loss
of whatsoever nature
(including, but not limited to, direct
and indirect loss, economic loss, pure economic loss,
consequential loss,
loss of business, loss of contracts, loss
of revenues, loss of profits, loss of goodwill and
loss of reputation)
whether arising under contract, statute,
tort, in equity or at common law, or for any claims,
awards, costs and
expenses of whatsoever nature and howsoever
arising to the user or to any third parties.
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15 Miscellaneous
provisions
15.1 When we communicate with you we do so primarily
by email. You agree that email communications are contractually
binding in the same way as properly signed and dated
paper sent by post.
15.2 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 no contractual nor other obligation upon us
in respect of those goods or service.
15.3 Nothing in this agreement or on Our Website shall
confer on any third party any benefit or obligation.
15.4 Links to Mauro Design are not permitted in any
circumstances. All trademarks and other marks appearing
or used on this website are the exclusive property of
Mauro Design and use thereof by any third party is strictly
prohibited. Mauro Design reserves the right to amend,
revise or vary these terms and conditions and the user
agrees to be bound by any amendments, revisions or variations
in the terms hereof.
15.5 If any of these terms 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.
15.6 No waiver by us, in exercising any right, power
or provision in this agreement shall operate as a waiver
of any other right or of that same right at a future
time; nor shall any delay in exercise of any power or
right be interpreted as a waiver.
15.7 In the event of a dispute arising out of or in
connection with these terms or any contract between you
and us, then you agree to attempt to settle the dispute
by engaging in good faith with us in a process of mediation
before commencing arbitration or litigation.
15.8 All disputes, claims and other proceedings between
you or any third party and Mauro Design arising out of
or in any way relating to the materials and work on this
website shall be governed by the laws of Ireland and
the courts of Ireland shall have exclusive jurisdiction
in relation to any such dispute, claim or proceedings.
15.9 We are not liable for any breach of our obligations
resulting from causes beyond our reasonable control including
strikes of our own employees.
15.10 This Agreement shall be governed by and construed
in accordance with the law of the Republic of Ireland.
This agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of
Goods, the application of which is hereby expressly excluded.
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Privacy Statement
Mauro Design is committed to protecting your privacy and in accordance
with the Data Protection Act, any details gathered to process your
order or enquiry such as your name and address are not sold, rented
or traded to 3rd Parties. You can be assured that your details
are solely used by Mauro Design. In accordance with the Data Protection
Act, we follow strict security procedures in the storage and disclosure
of information you have given to prevent unauthorised access.
