Terms & Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website, bellaco.ie, in any way, or by buying from us, you agree to be bound by them.
We are: Bella & Co Ltd
You are: a visitor to bellaco.ie / our customer
The Terms and Conditions:
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on bellaco.ie by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on bellaco.ie, or, if the context requires, goods we sell to you.
“bellaco.ie” means Our Website, the entire computing hardware and software installation that is or supports our website.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to bellaco.ie, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
2 Our contract with you
2.1 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
2.2 We cannot guarantee that Goods advertised on our website are available.
2.3 We may change these terms from time to time. The terms that apply to you are those posted here on bellaco.ie on the day you order Goods.
2.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via bellaco.ie; these terms still apply so far as they can be applied.
3 Acceptance of your order
3.1 Your order is an offer to buy from us. We shall accept your order by e- mail confirmation. That is when our contract is made.
3.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may accept the alternatives we offer or, cancel all or part of your order.
4 Price and Payment
4.1 It is possible that the price may have increased from that posted on bellaco.ie. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
4.2 Prices include Ireland value added tax (“VAT”).
4.3 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.
4.4 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
4.5 The price of the items does not include the delivery charge which will be charged per delivery. This delivery charge will be displayed on a page of bellaco.ie before we ask you to pay. For information about how much we charge per delivery please go to the Delivery link on the home page of bellaco.ie.
4.6 If we owe you money, 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 when we accept that repayment is due.
5 Security of your credit card
5.1 We take care to make bellaco.ie safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6 Cancellation of order
6.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order please notified us by email at email@example.com.
6.2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
6.3 If you cancel your order before we have despatched the Goods, we will refund to you the price of the Goods.
6.4 After we have despatched the Goods, you may cancel your order provided that you notify us within seven days of receipt and return the Goods to us within fourteen days. If you do, we will issue with a credit note.
6.5 If you cancel your order after we have despatched the Goods, you must return them to us in the same condition in which you received them. We can not accept the goods or issue a credit note if the Goods have been used, worn or damaged.
6.6 This paragraph does not affect your rights in the event that the Goods are defective.
7 Delivery and pick up
7.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
7.2 When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us by email so that we may dispatch a replacement quickly and minimise your inconvenience.
7.3 Goods are sent by An Post. Goods will normally be delivered within 2 to 3 working days for Ireland and United Kingdom orders, and within 5 to 7 working days for all other destinations listed in 7.2 above, but may sometimes take longer.
8 Foreign taxes and duties
8.1 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
8.2 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.
9 Returns policy
9.1 Bella & Co is happy to exchange goods for a credit note up to 14 days after purchase. Goods need to be returned in the same condition as sold and with the original receipt.
9.2 We will only accept returns of non-defective Goods if the Goods have not been used, worn or damaged.
9.3 Goods must be returned to us within 14 days. Beyond this timeframe we will not accept returned Goods.
9.4 If returning goods by courier, please note we do not refund, or credit, courier charges on returned items.
9.5 Goods returned by An Post are at your risk and should be securely wrapped.
9.6 For defective Goods, notwithstanding 9.2, both goods and all packaging should as far as possible be in their original condition.
9.7 In returning defective Goods, please enclose with it a note clearly stating the defect and when it arises or arose. If we agree that the item is defective, we will replace the item.
10.1 Conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the fullest extent permitted by law.
10.2 We or our Content suppliers may make improvements or changes to bellaco.ie, the Content, or to any of the Goods, at any time and without advance notice.
10.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if could you bring to our attention any that you find.
10.4 We give no warranty and make no representation, express or implied, as to the quality of the Goods; any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose; the correspondence of the Goods with any description; the adequacy or appropriateness of the Goods for your purpose; the truth of any Content on bellaco.ie published by others; compliance with any law; non-infringement of any right.
11.5 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 bellaco.ie or the purchase of Goods.
11.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
12 Your account with us
12.1 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.
12.2 If you use bellaco.ie, you are responsible for maintaining the confidentiality of your account and password (if you open an account) and for preventing any unauthorised person from using your computer.
12.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13 Security of bellaco.ie
You now agree that you will not, and will not allow any other person to:
13.1 modify, copy, or cause damage or unintended effect to any portion of bellaco.ie, or any software used within it.
13.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
13.3 download any part of bellaco.ie, without our express written consent;
13.4 collect or use any product listings, descriptions, or prices;
13.5 collect or use any information obtained from or about bellaco.ie or the Content except as intended by this agreement;
13.6 aggregate, copy or duplicate in any manner any of the Content or information available from bellaco.ie, other than as permitted by this agreement or as is reasonably necessary for your use of bellaco.ie;
13.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
13.8 use bellaco.ie to hack into the computer of any other person or make contact with any other computer;
13.9 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
13.10 upload or re-publish any part of our Content on any internet, intranet or extranet site.
13.11 use on bellaco.ie software which assists in: data mining, extraction or collection; emulating, phreaking, hacking, password cracking, IP spoofing or over-loading bellaco.ie; framing, inserting pop-up windows, interstitial pages or advertisements, or similar techniques; performing any automated operation.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of bellaco.ie, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15 Intellectual Property
15.1 We will defend the intellectual property rights in connection with our Goods and bellaco.ie, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
15.2 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.
15.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
15.4 Bella & Co is a trade name/logo/design/model owned by Bella & Co and is protected by intellectual property rights. Any other use of the models, designs, logos, photos, objects and images, such as for reproduction, marketing, distribution and publication by any person is strictly prohibited and may be considered an act of forgery which may lead to to both civil and criminal proceedings.
16 System Security
16.1 We will do our best to maintain bellaco.ie so that you have constant use, but there will be times when your use may be interrupted.
16.2 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 bellaco.ie.
16.3 You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
17 Miscellaneous matters
17.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
17.2 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 that service.
17.3 If any term or provision of this agreement 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.
17.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.7 This agreement does not give any right to any third party
17.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
17.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.10 The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.