Terms of Sale
Terms of Sale
Last Modified: 23 April 2020
Information about us and how to contact us:
Who we are. “Creatives For Good”/ “we”/ “our”/ “us” are references to Creatives For Good CLG, a company limited by guarantee in the process of incorporation in Ireland. Creatives Against Covid19 is a campaign established by Creatives For Good for the purposes of engaging with various disciplines in the creative community in Ireland and around the world to produce posters as a reaction to the outbreak the global Covid19 pandemic and the impact it is having on many vulnerable groups.
How to contact us. You can contact us by telephoning our customer service team by writing to us at email@example.com or through instagram: @creativesagainstcovid19, twitter: @createsvscovid or facebook: @creativesagainstcovid19.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
References to “you”/ “your” are references to you the purchaser or if you are acting on behalf of a business you and that business, and “Contract” means these Terms of Sale together with each individual order submitted by you, which is accepted by us in accordance with these Terms of Sale.
We reserve the right in our sole discretion to change these Terms of Sale at any time. Any such changes will take effect immediately when posted on this website (the “Site”) (see date at top). It is your responsibility to read these Terms of Sale on each occasion you place an order on or through the Site and your submission of an order shall signify your acceptance of the latest Terms of Sale.
Orders and Our Contract:
These Terms of Sale shall apply to all contracts for the sale of products on or through the Site to the exclusion of all other terms and conditions.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
By placing an order on or through the Site you are offering to purchase the products specified in your order on and subject to these Terms of Sale. All orders are subject to availability and confirmation of the order price.
Creatives For Good reserves the right to refuse any request made by you or order submitted by you. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and shall not constitute acceptance of your order. A Contract between us shall not be formed until we send you confirmation by e-mail that the products which you ordered are available and have been dispatched to you. A shipping number will be assigned and the parcels can then be tracked directly. Only those products listed in the confirmation e-mail sent at the time of dispatch (the “Products”) will be included in the Contract formed.
When placing an order you undertake that all details you provide to us are true, complete and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds on the credit or debit card which you use to place your order to cover the price of the products which you have ordered together with any applicable delivery charges.
If we are unable to accept your order, we will inform you of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Pricing and Availability:
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any Products we shall endeavour to inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we shall treat the order as cancelled. For the avoidance of doubt, the provisions of this paragraph shall continue to apply after we send you confirmation by e-mail that the Products have been dispatched to you and a Contract has been formed between us.
All prices advertised on the Site are subject to change.
The price of the Product (which will include VAT if applicable) will be the price indicated on the order pages when you placed your order.
When you become responsible for the Product:
The Product will be your responsibility from the time it leaves our nominated print partner.
Delivery will be made in accordance with the terms and conditions of our nominated print partner. The costs of delivery will be as displayed to you on our website. The packaging of the product may vary and is at the discretion of our nominated print partner and delivery partner.
All reasonable efforts will be made by both us and our nominated delivery partners to get your package to you in good time. However in circumstances which are outside of our control or for reasons which are the responsibility of our delivery partners or other third parties this may not be possible. If we become aware of a delivery issue before dispatch or during transport we will endeavour to contact you and highlight any issues which we may have. Due also to the restrictive environment for movement of people and goods in place at present and the impact of Covid19 on the global logistics network, delivery of your item may take longer than expected. We ask for your patience in this matter. Our nominated delivery partner may also be restricted in the countries and locations they can deliver to.
Limitation of Liability:
We warrant that:
- at the time of sale, we will have a license to sell the Products from the original creator of the poster to you; and
- the Products supplied will substantially conform with the image in our e-mail to you confirming that the Products have been dispatched to you.
(together the “Warranties”).
Subject to the provisions of the section entitled “Non-Excludable Liability”, to the fullest extent permitted by applicable laws, all other warranties, conditions or terms relating to the Products whether implied by statute or common law or otherwise, are excluded.
Subject to the provisions of the section entitled “Non-Excludable Liability”, if we are in breach of the Warranties our liability shall be limited toreplacement of the Product concerned.
Subject to the provisions of the section entitled “Non-Excludable Liability”, we shall have no further liability to you, whether under these Terms of Sale or any Contract or on any other basis including liability in tort (including negligence) as a result of the sale of the Products.
Notwithstanding anything to the contrary in these Terms of Sale or any Contract and subject to the provisions of the section entitled “Non-Excludable Liability”, we shall not be shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise):
- loss of revenue,
- loss of actual or anticipated profits,
- loss of contracts,
- loss of the use of money,
- loss of anticipated savings,
- loss of business,
- loss of opportunity,
- loss of goodwill,
- loss of reputation,
- loss of, damage to or corruption of data, or
- any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (a) to (j) above);
whether arising out of, or in connection with, or in relation to the Products or the supply or non-supply or purported supply or delay in supply of the Products or otherwise out of or in connection with or in relation to these Terms of Sale or any Contract or any transaction or matter contemplated by these Terms of Sale or any Contract.
Subject to the provisions of the section entitled “Non-Excludable Liability”, in no event shall our liability to you in respect of, or in relation to, or in connection with the Products, whether arising in contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by you to us in respect of the Products.
We do not purport to limit or exclude any liability which may not be excluded or limited by applicable law including any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
You can only pay for posters using a debit card or credit card. Payment for the poster and all applicable delivery charges is in advance and your card will be charged immediately.
These Terms of Sale are made only in the English language and any translation of the English language version of these Terms of Sale is provided for convenience only. If there is any conflict in meaning between the English language version of these Terms of Sale and any version or translation of these Terms of Sale in any other language, the English language version shall prevail.
If either Creatives For Good or you is affected by any Event of Force Majeure it shall forthwith notify the other party of the nature and extent thereof. Neither Creatives For Good nor you shall be deemed to be in breach of any of these Terms of Sale or any Contract, or otherwise be liable to the other by reason of any delay in performance, or non performance, of any of its obligations hereunder or any Contract, to the extent that such delay or non performance is due to any Event of Force Majeure of which it has notified the other party hereto; and the time for performance of that obligation shall be extended accordingly.
For the purposes of this paragraph “Event of Force Majeure” means an act of God including but not limited to fire, pandemic, flood, earthquake, windstorm or other natural disaster; an act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; law, judgment, order, decree, embargo, blockade; labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; or any other event or circumstances beyond the reasonable control of the party claiming “Force Majeure”.
If any of these Terms of Sale is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity or enforceability of any other term of these Terms of Sale; or
- the legality, validity or enforceability in any other jurisdiction of that or any other of term of these Terms of Sale.
These Terms of Sale and any non-contractual obligations arising out of or in connection with it them shall be governed by and construed in accordance with Irish law. The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms of Sale or any related non-contractual obligations and the parties submit to the exclusive jurisdiction of the Irish courts for that purpose.