Terms & Conditions
Please read the following terms and conditions carefully. These terms and conditions (together with the documents that they refer to) set out the basis upon which you are entitled to access and use the website www.dasillyheads.com (the Site)
By using the Site, you confirm that you accept the terms and conditions and that you agree to comply with them. If you do not agree with these terms and conditions, you must not use the website.
Other Applicable Terms
These Terms and Conditions refer to the following additional terms, which also apply to your use of the Site:
• Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookies Policy, which sets out information about the cookies on the Site.
Information about us
We are the Da Silly Heads Ltd an Irish registered company with our registered office at The Rubicon Centre, CIT Campus, Bishopstown, Cork (the “DSH”, “we”, “us”, “our”).
Use of site
Using the site for the purposes of browsing and purchasing our products is permitted Any other use of the content and software on the Site, including the reproduction, modification, distribution, transmission, republication or display of the content on the Site without our express permission, is strictly prohibited.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us.
You must not misuse the Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
We reserve the right to refuse access to the Site and/or the services contained herein in our discretion, including, without limitation, if we believe that particular conduct violates applicable law, is harmful to our interests or is in breach of these Terms and Conditions.
All content included, such as, text, , graphics, logos, button icons, images, audio clips and software on the Site (“Content”) is our property or the property of our suppliers and/or licensors (unless expressly indicated otherwise) and is protected by applicable copyright and/or other intellectual property laws.
All trade marks displayed on the Site are trademarks of the Da Silly Heads Ltd or their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Da Silly Heads Ltd or third party owner.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by the Da Silly Heads Ltd.
You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of the Da Silly Heads Ltd or which is prohibited by the Terms and Conditions.
Links to other websites
The Site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of DSH and DSH is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. DSH provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by the DSH.
Linking to the Site
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site to any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on the Site other than that set out above, please contact email@example.com
Limitation of liability
We will make all reasonable effort to ensure that the Site is available 24 hours a day, seven days a week. However, electronic services are subject to interruption or breakdown. You hereby acknowledge and agree that the Site is available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the
foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Site or the contents thereof.
You acknowledge and agree that we may temporarily suspend access to the Site for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Site.
Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to the Site or the information contained herein are hereby excluded to the fullest extent permitted by law.
Due to the fact that we cannot guarantee that the Website will be fault free or that the information contained on the Website will be correct, you agree that we shall not be liable for any loss or damage whatsoever arising out of or in connection with the Site or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.
You expressly acknowledge and agree that the DSH does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Formation of Contract
After placing an order on the Website (after selecting the Products you wish to purchase, confirming this and providing and confirming your payment details), you will receive an email from us acknowledging that we have received your order (“Order Acknowledgement”). At this stage, payment will also be taken. No products will be shipped until payment has been made in full and your details have been verified by any third party payment facilitators. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such products has been confirmed in a separate Shipping Confirmation.
You should check all emails (including the Order Acknowledgment and Shipping Confirmation). If there are any errors, please email us at firstname.lastname@example.org
Returns Policy, Your Right to Cancel and Refunds Policy
In addition to your right to cancel, You can return unwashed and unworn Products bought on this Website by post within 14 days of the date of receipt of your order date. Defective items can be returned at any time. Please forward the product by recorded delivery to The Rubicon Centre, CIT Campus, Bishopstown, Cork, Ireland. Once the item has been received by Da Silly Heads we will refund the cost of the item and postage to the original form of payment.
This does not affect your statutory rights.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period (“Cancellation Period”) will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) either by email to email@example.com or by post to The Rubicon Centre, CIT Campus, Bishopstown, Cork.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the Cancellation Period has expired.
You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired and provide evidence of same. You will have to bear the direct cost of returning the goods.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Reimbursement will be made once we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the later.
If you return a Product for any other reason, we will examine the item and notify you of your refund via email within a reasonable period. Refunds will be processed within 30 days of the day you inform us you wish to return the Product. Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable.
Products returned as a result of a defect will be refunded in full, including delivery charges for sending them to you and the cost incurred by you in returning them to us. Please ensure you return these to us as soon as possible, indicating what the defect is in the specified manner on the invoice.
All refunds, including Product(s) received as a gift, will be made to the original form of payment.
Availability and Delivery
We aim to deliver your order by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Shipping Confirmation. If the Product(s) are not delivered within 60 days of the Order Acknowledgement, you are entitled to cancel the Contract and be refunded for any amounts paid by you should you choose to exercise this option.
Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you from the time of delivery. Risk in relation to Products being returned to us passes from you to us once you have posted the returned Products.
Price and Payment
The price of any Products will be as quoted on our Website in Euros from time to time, except in cases of obvious error and you will be charged in Euros. Your credit card company may also apply a fee to your transaction.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Shipping Confirmation.
Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel Contracts if any information on the Website is inaccurate at any time without prior notice. Where a Product’s correct price is less than our stated price, we will charge the lower amount when sending the Product to you. If a Product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
Payment will be accepted only via Stripe or Paypal and DSH has no access to your payment details or information other than the delivery address provided with the order.
Products purchased from this Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).
We are only liable for losses you suffer as a result of us breaching these Terms, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud.
Force Majeure Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver of Rights/Rights of Third Parties
If we do not insist upon strict performance of any of your obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No person other than a party to this Contract shall have any rights to enforce any term of this Contract.
If any of these Terms or any provisions of the Contract are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance or warranty (Representation) which is not expressly set out in these Terms and any document expressly referred to in them.
Nothing in this paragraph shall limit or exclude any liability for fraud.
You are liable for all transactions carried out by you or by anyone carrying out a transaction with your authority or express or implied consent, regardless of when the transaction is processed to your account.
You should check your statements and records carefully. If you believe a transaction is wrong or unauthorised you should contact us immediately.
Da Silly Heads (“DSH”) reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Site. The Site will specify the latest date on which the Terms and Conditions have been amended.
These Terms and Conditions will be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.