Last updated: February 17, 2020
These terms and conditions outline the rules and regulations for the use of Chou's Cottage's Website.
Chou's Cottage is located at:
6 Grubb's Court,
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Chou's Cottage's website if you do not accept all of the terms and conditions stated on this page.
In these conditions of sale:
The Agreement means the agreement which is formed when we accept an order from you, as provided in Clause 3 below.
Customer means the person who purchases Goods via chouscottage.com
Goodsmeans the goods described in the order confirmation.
Suppliermeans Chou's Cottage reg no.3533500WH whose registered office is at Clonmel, Co. Tipperary.
Terms means the terms of business set out in this document.
2. Terms of Sale
Goods remain the property of Chou's Cottage until paid in full. The display of goods on this site does not constitute an offer to sell them as described, or to sell any 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 order, you will receive an order confirmation. We reserve the right to decline any order, without giving a reason.
Orders are only binding when the order confirmation is received. You should check the order confirmation and notify the suppliers of any mistake by email immediately, otherwise the details stated in the order confirmation will apply to the agreement.
If you order goods and we accept the order, we reserve the right to notify you at any time before delivery of the unavailability of the particular goods ordered. You can then cancel the agreement and we will refund you all money paid in full. Alternatively, you can accept any equivalent product we offer to you.
Unless they are expressly quoted as not including VAT, all prices are inclusive of value added tax and other government taxes or duties.
Payment is collected from your laser, credit card, debit card and Stripe at the same time that your order confirmation is sent, and before the goods are delivered.
7. Delivery Times and rates
We want your order to arrive to you in perfect condition, so you can rely on us to secure the best value delivery service available from our shipping partners.
We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused. Goods are shipped by registered post, by courier or, subject to the discretion of the supplier, to the delivery address you gave, as stated in the order confirmation. If the customer is unable to take the goods on the first delivery attempt the sustomer shall bear the cost of any further delivery charges.
Goods supplied must be inspected by the customer prior to the signing/ accepting of delivery.
Title to the goods ordered passes to you when the goods are shipped. The supplier does not insure the goods for shipping unless agreed upon in writing prior to shipping.
Where you have ordered more than one item, we will endeavor to make delivery in one instalment but we reserve the right to make delivery in multiple instalments.
10. Your Right To Cancel
If you wish to cancel your order for any reason and return the goods delivered, the goods must be in their original condition with packaging complete and seals unbroken. You must notify the supplier within 14 days after receiving your order. You should also include a return note and proof of purchase. You are responsible for the direct cost of returning the goods to us. No refund will be made until the goods are returned to us and in any event, no refund will be forthcoming if the goods are not received by us within 30 days of you notifying us of your intention to return them. Refund will be processed the same way the payment was.
11. Prices Quoted
Unless otherwise stated, prices quoted are only valid during your browser session.
12. Queries and Complaints
Notification of queries and/or complaints must be notified to us in writing 14 days of receipt of the goods.
We warrant that:
13.1. at the time of sale, we will have title to sell the goods to you
13.2. the goods sold to you will conform with the specification for them published by us or their manufacturer.
Subject to clause 17, if we are in breach of the warranties given by us under clause 13, our ability shall be limited to:
14.1 Replacement of the goods concerned
14.2 At our option, reimbursement of the price.
14.3 At our option, repair of the goods supplied.
We will notify the customer if the goods need to be returned to the manufacturer for repair.
15. No Other Liability
Subject to clause 17, we will have no further liability to you other than as decribed in clause 14, whether under these terms sale or on any other basis including liability in tirt as a result of the sale of goods.
16. Consequential Loss, etc
Subject to clause 17, we will not under any circumstances be liable to the customer by reason of representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
17. Non-Excludable Liability
Nothing in these conditions of sale shall exclude or limit our ability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
18. Force Majeure
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction, product recall by manufacturer and natural disasters. If the conditions last for more than 2 months, the agreement may be terminated by either party without compensation.
19. Entire Agreement
These terms expressly incorporate our privacy statement. Together, they contain the entire understanding and agreement between the supplier and the customer relating to the sale of products to the customer through this website.
20. Governing Law
These conditions of sale shall be governed by Irish law and exclusive jurisdiction of the courts of Ireland.