The following are the terms and conditions for use of the The Book Nest website or any Internet site to which the Website is linked (the "Website"). This Website is for use by people who are 18 years and over only.
CONTRACT
No contract will subsist between you and The Book Nest for a sale to you of
any product or service unless and until The Book Nest accepts your order by
e-mail confirming that it has dispatched your order. That acceptance will be
deemed complete and will be deemed for all purposes to have been effectively
communicated to you at the time The Book Nest sends the e-mail to you (whether
or not you receive that e-mail).
PRICE OF GOODS
The price listed on the Website (the 'Price') for The Book Nest Bookstore products
(the "Products") will be as stipulated at the time when you place
your order on the website. We are entitled to make adjustments to the Price
to take account of any increase in our supplier's prices, or the imposition
of any new taxes or duties, or if due to an error or omission the Price for
the Products on the Website is wrong.
DELIVERY
We will endeavour to deliver the Products to you within 3-5 working days of
your Account order within the island of Ireland, where this is practical. However,
Products are subject to availability and delays may sometimes occur that are
outside of our control. Any dates specified for delivery are therefore approximate
only. If delivery is delayed for more than 21 days, you have the right to contact
us and refuse to accept the Products. In these circumstances, we will refund
any money paid by you for those Products and any delivery monies you have been
charged. However, we will not be responsible for any other losses, costs, damages
or charges that you may suffer if we delay in supplying or do not supply those
Products. At the time of delivery you may be required to validly sign-off on
the delivery of the Products, after which time the Products become your sole
responsibility.
WEBSITE: USE AND
SECURITY
You are entirely responsible for any and all activities that occur under your
Account. You agree to notify us immediately of any unauthorised use or any other
breach of security.
WEBSITE AND USE
You agree to abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or omissions that
occur under your usage, including the content of your transmissions through
the Website. All information, designs, drawings and other specifications provided
on the Website are the exclusive property of The Book Nest. Any copying, transmission
or re-transmission of the same requires the prior written approval of The Book
Nest.
WEBSITE: ADVERTISING
We reserve the right at all times to place advertisements and promotions on
the Website. Advertisers and sponsors on the Website are solely responsible
for complying with all local, national, state and international laws (where
relevant) and we exclude all liability howsoever caused there from.
CLAIMS
When you purchase online, you have a statutory right to return a product (other
than perishable produce or a special order) up to 7 days after your order has
been delivered (cooling off period). We can change or cancel an order up until
it is dispatched. If the order has been dispatched, you can return the Product
to us and we will organise a refund. Any breakages or damage must be reported
within 24 hours of purchase/delivery.
ACCORDANCE WITH
SPECIFICATION
Many of the Products are of a technical nature and it is not practical to publish
detailed specifications of all the Products and keep specifications completely
up to date. All descriptive matter, drawings, pictures, colours, specifications
and advertising on the Website are for the sole purpose of giving an approximate
description of the Products.
SAFETY
If any manuals or safety instructions are provided with the Products, you agree
to read and follow carefully all the terms contained therein at all times. Any
information contained on the Website is not meant to be comprehensive and if
you are inexperienced in using the Products or are unsure of your abilities,
you should always seek expert advice and assistance.
DISCLAIMER OF WARRANTIES
The information contained in the Website is for information purposes only and,
although we have made every effort to ensure the correctness of the information
contained herein, the information available through the Website is provided
"as is" and "as available" and without warranties or conditions
of any kind either express or implied. We do not warrant or represent that the
use or the results of the use of the materials available through the Website
or from third parties will be correct, accurate timely, reliable or otherwise.
We accept no liability in relation to any of the above other than as may be
provided for under your statutory rights.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including,
but not limited to, negligence, shall we be liable to you for any direct, indirect,
incidental, special or consequential damages that result from the use of or
the inability to use the Website, any changes to the Website, any material or
data sent or received or not sent or received or for any of the above-mentioned
damages that result from the use or inability to use the Products. In no circumstances
shall our liability and that of our suppliers to you and/or any third parties
for any of the above exceed €200.
PROPRIETARY RIGHTS
TO CONTENT
You acknowledge that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information presented
to you by the Website, by us, or our advertisers or other content providers,
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws.
MODIFICATION OF
TERMS
We reserve the right to change the terms of use or policies regarding the use
of the Website (including, in particular, those relating to price or availability)
at any time and to notify you by posting an updated version of the terms of
use on the Website.
GENERAL
We shall not be liable for any failure to perform any of our obligations under
these terms and conditions which is caused by circumstances beyond our reasonable
control including, but not limited to any force majeure incident. Our failure
to exercise or enforce any right or provision of the terms of use shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by us in writing. The section titles in the terms of use are solely used
for the convenience of the parties and have no legal or contractual significance.
LAWS
The terms of use shall be governed by and construed fully in accordance with
the laws of the Republic of Ireland. You and we agree to submit to the exclusive
jurisdiction of the courts located in Ireland. If any provision(s) of the terms
of use is held by a court of competent jurisdiction to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force
and effect.
TERMINATION
We may terminate the Website with or without cause at any time and effective
immediately. In addition, we, in our sole discretion, may terminate your Account
for violation of the letter or spirit of these terms and conditions.
Issued by Mr. Frank Kelly trading as The Book Nest - VAT no. IE 3234633W



