Terms of Use
This page and the documents referred to on it tell you the terms and conditions on which we supply any of our goods listed on our website www.thedonegalcashmerecompany.com to you. Please read these Terms and Conditions carefully before you order any Product(s). Please note that by ordering any products from the website, you are agreeing to be bound by these Terms and Conditions
1/ PRICING POLICY
Every item is described as accurately as possible. If a pricing error occurs for a reason beyond our reasonable control e.g. alterations to the rate of value added tax, we will advise you accordingly.
2/ REGISTERED ADDRESS
McNutt of Donegal. Registered in Ireland 425306.
Registered Office: The Pier, Downings, Co Donegal, Ireland.
3/ RIGHT OF REFUSAL
If your card issuer rejects payment for your order goods will not be dispatched to you.
We reserve the right to decline any order and in all such cases a full refund of any payment made will be refunded directly to the purchasing cardholder's card.
4/ DELIVERY TIMES
We make every effort to get goods to you as rapidly as possible, however if the item is out of stock or is going to be delayed in any way then we will notify you via email. If your goods are not in stock we will back order for you. You will always be emailed with the option to cancel if you would rather not wait.
5/ DESCRIPTION OF GOODS
It is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are all for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available by contacting us directly using any method on our contact page.
6/ GENERAL
In the event a product is listed at an incorrect price due to typographical error, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to the purchaser's credit card account in the value of the incorrect price.
7/ TIME LIMITATION FOR NOTIFICATION OF CLAIMS
Damage in transit: If the goods arrive in a damaged condition you must make a note on the carrier's delivery note and it will be your responsibility to inform us within 2 days of delivery.
8/ SHORTAGES
It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery note and it will be your responsibility to notify us within 2 days from delivery.
9/ INCORRECT GOODS
It is your responsibility to notify us of any incorrect goods supplied within 2 days from delivery.
10/ NON-DELIVERIES
We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date.
Any claims regarding errors in dispatch or invoicing of any Product must be submitted to the Company within seven days of receipt of the advice note or invoice. The Company may refuse to recognise a claim not made within that period.
11/ DISTANCE SELLING REGULATIONS (GENERAL)
Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website, for a full refund.
12/ PRICES
Prices include VAT at the current rate and exclude delivery charges.
13/ IMAGES
We make every effort to ensure that our goods are portrayed accurately on the Website but small variations in colour may occur. All of our goods are made of natural fibres and so some small variations in colour and/or pattern may occur. All measurements are approximate, and we cannot be held responsible for variations in colour dependent on the calibration and setting of your computer screen. Please bear this in mind when ordering.
14/ ORDERS
All orders are “subject to availability” of the item/s ordered.
Our acceptance of your order takes place when we confirm your goods have been dispatched.
15/ PAYMENT
Payment is required at the point of order, in full.
Payment can be made using the following credit or debit cards; (Mastercard, Visa, Laser, Visa Electron).
16/ CUSTOMER PRIVACY
We will only use the information we collect from our customers lawfully. We will only collect information we require to complete your order or to inform of any new products or special promotions which we feel you may be interested in.
We will never pass your details on to a third party other than those needed to process and deliver your order.
We will never sell your details to any third party.
17/ THE DONEGAL CASHMERE COMPANY’S LIABILITY TO YOU
The Donegal Cashmere Company's total liability for any claim arising out of any order placed by way of the Website, whatever the nature of the claim, shall not exceed the price of the Product(s) supplied by us to the Customer plus any delivery charges incurred, but this limitation of liability does not apply to the extent it is illegal, or it is contrary to a provision in any statute, for us to exclude our liability in whole or in part. The Donegal Cashmere Company cannot accept any liability for a failure to comply with specific instructions on the Website or in any brochure issued by The Donegal Cashmere Company. Customers’ statutory rights are not affected by this statement. The Donegal Cashmere Company is not responsible to a Customer for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
18/ YOUR STATUS WHEN ORDERING FROM OUTSIDE THE REP OF IRELAND
By placing an order through the Website, you warrant and represent to us that you are legally capable of entering into a binding contract on behalf of the person placing the order and, if you are an individual placing the order yourself, you are at least 18 years old.Please note that if you order Product(s) to be delivered outside the Rep of Ireland, you are liable for any local customs or import duties that may apply and you are responsible for compliance with all other local laws to the extent that local laws are applicable.
19/ JURISDICTION AND LAW
This Website, its content and any contract brought about through use of the Website will be governed by Irish law and Irish courts shall have jurisdiction.
20/ OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business and our goods, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case, it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation. In the latter case, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s).
21/ FORCE MAJEURE (EVENTS OUTSIDE OUR CONTROL)
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and (e) impossibility of the use of public or private telecommunications networks.
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.
22/ INTELLECTUAL PROPERTY
All materials within the Website are the intellectual property of The Donegal Cashmere Company. Such materials may not be copied save to the extent necessary to view them online. However, you may print complete pages of the Website as hard copies for your own personal use.