Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.ruxx.ie is a site operated by Ruxx Trading (“we”, “us” or “our”). We are registered in Ireland number 661897 and with our registered office at: Ruxx Trading, 66 Main Street, Kinsale, Co.Cork, P17 TY92, Ireland.
2. SERVICE AVAILABILITY
Our site is intended for use by people resident in the United Kingdom Only.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are a ‘consumer’ (being an individual purchasing the Products outside the course of his or her business or trade)
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 Please note, once you have placed an order with us, we are unable to amend it.
5. CANCELLATIONS, RETURNS AND REFUNDS
5.1 To cancel your Contract with us, you must:
(a) return your Products to us within fourteen (14) working days, beginning on the day after you receive them to: Ruxx, Short Quay, Kinsale P17 CH90 Irealnd
(b) notify us (in writing) of your intention to return the Products to us at: firstname.lastname@example.org or at the address stated above within seven (7) working days, beginning on the day after you receive them; or
5.2 If you cancel your Contract in accordance with clause 5.1 and return all of the Products to us you will be entitled to a full refund excluding the cost of delivery.
5.3 In addition to your statutory rights, you can return Products to us:
(a) which were not sold as part of a promotion or sale, at any time within 14 days of the date of delivery; or
(b) which were sold as part of a promotion or sale, at any time within 14 days of the date of delivery,
in each case, you will receive a full refund of the price paid for the Products. Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unused and returned with all labelling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 All Products are returned at your own risk. Please make sure that you return any goods registered or tracked or get a ‘proof of posting’ certificate from your Post Office when posting them. We cannot take any responsibility for any lost returned items.
5.5 It is important for you to know that nothing in these Conditions affects your rights as a consumer (as ‘consumer’ is defined at clause 3(b) above). As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Sale of Goods Act 1979 (as amended) implies a term into the Contract that the Products must be of satisfactory quality and fit for purpose.
5.6 All refunds for non defective product returns will be processed as soon as possible but, in any event, within 21 days of the day you have given notice of your return. All returns for defective Products will be examined once they have been received by us and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us).
5.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.1 If you would like to exchange any of the Products that you have ordered for something else, please let us know by: (a) emailing us at email@example.com (b) calling us on: +353 (0)85 254 2499 or +44 (0)7785 901522
6.2 Return of Products for an exchange, from outside of Ireland and the UK and/or returns of any Products which are subject to a sale or other promotion shall be returned at your own cost and the “Free UK Exchanges” may not be used. All such returns must be sent to Ruxx, Short Quay, Kinsale P17 CH90 within the relevant time period noted at clause 5.3.
6.3 Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning products to us you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labelling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 All Products are returned at your own risk. Please make sure that you get a ‘proof of posting’ certificate from your Post Office when posting them.
6.5 Once we have received your returned Products and we are happy with their condition, we will process a full refund for those Products and process the sale of your new Product. You should receive your new Products within six working days of the sale being processed.
6.6 All refunds for non defective Product exchanges will be processed as soon as possible but, in any event, within 21 days of the day you have given notice of your exchange. All exchanges for defective Products will be examined once they have been received by and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us).
6.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. OUR LIABILITY
7.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
7.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
7.3 This does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) loss of data
provided that this clause 7.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 7.4.
8. AVAILABILITY AND DELIVERY
8.1 If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the Products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the Products resulting from our following of your instructions.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, American Express Solo and Maestro debit & credit cards via ‘STRIPE’ payment.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Ruxx. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 (a “Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(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.
(e) impossibility of the use of public or private telecommunications networks.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority 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.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 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, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products 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 which 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 Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland.