Terms of Use
TERMS OF USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.theoandgeorge.com , whether as a guest or as a registered user. Please read these terms of use carefully before you start to use the site. By using our site or purchasing goods from the site, you indicate that you are aware of and that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
1. Information about us
www.theoandgeorge.com is a site operated by Theo and George Limited (Theo and George, we, us and our). Our main trading address is 15 Sandymount Road, Dublin 4.
2. Accessing our site
You are provided with access to our website according to our Terms of Use. All orders must be placed strictly in accordance with the Terms of Use outlined on our website.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
If you purchase goods or services from the Theo and George website you will be deemed to have accepted the Terms of Use set out in this document. If you do not accept the Terms of Use, do not purchase products from the Theo and George website.
If you have any questions about our products and services, this website or any of our Terms of Use, please contact us at info@theoandgeorge.com
3. Contract for Sale
The description of the items and delivery are set out on the order page. The advertising of items and services on this site is an 'invitation to treat'. That means your order is an offer and not a contract of sale. You will receive a ‘confirmation of order’ email from us this is not a binding contract of sale. Orders shall be accepted at our sole discretion but are normally accepted once the dispatch confirmation has been dispatched to you – at which point we will have checked that the order can be satisfied and that the prices are correct. Please keep your "confirmation of order" e-mail for your records.
Only one discount code may be applied to each order. Discount codes are not accepted on Gift Cards or Vouchers.
In exceptional circumstances, if we are not able to fulfill an order we have accepted, your credit card will be re-credited with the original price and we will notify you by email. In no circumstances will we be liable to you for any additional amounts.
These terms and conditions cannot be varied except by changes made by Theo + George on the site, which we may make from time to time. Changes to these terms and conditions cannot be made retrospectively. You will only own the items you purchase once they have been signed for on delivery or collected by you and when we have received cleared payment for them in full. Until that time we will retain title to the items. It is a strict condition of supply that any items sold are not offered for resale.
4. Stock availability
Unfortunately, our website does not update in real time and on occasion we will not have the stock to fulfill your order. If products are no longer in stock, we will notify you via email that we are unable to fulfill your order and our customer service will contact you.
Theo + George reserve the right to run online sales and reductions that exclude certain products or lines.
5. Description of Goods
We endeavour to select images for display on the site that are representative of the items being sold. However, each may vary slightly from the images supplied and acceptance of this by the customer is a condition of ordering.
6. Delivery
Please see our ‘Delivery Information’ that forms part of these terms and conditions. Delivery times given are indicative only. We will not be held liable for late delivery of items.
We are unable to deliver to PO Box addresses.
Title of the goods transfers to the purchaser once payment has been received and the goods have been signed for on delivery. The person ordering the goods is responsible for:
- the accuracy of the delivery address supplied,
- being aware as part of these terms and conditions that anyone signing for the goods on receipt at the delivery address denotes receipt of them by the customer and for ensuring that someone is available to receive and sign for the goods. Where a customer has given instructions for the package to be left somewhere if they are not at home then the delivery of the goods as per their instructions denotes receipt of them by the customer. In the case of items being collected from a Post Office the requirements for ID in order to collect a package from the selected sorting office are as per those of the Post Office that handles your post.
- the security of any arrangements regarding receipt of any delivery to your specified delivery address,
Where the shipment has not been delivered due to an absence of a signatory at the destination address and the subsequent failure of the customer to collect the package from the nominated pick up location as advised or arranged then, upon receipt and subject to satisfactory inspection of any goods returned to us by the shipper, the cost of the returned items will be refunded to the customer less all costs of shipping and a reasonable handling charge.
7. Free Delivery Service
By accepting our Free Delivery service you agree to the following specific Terms & Conditions:
- This service entitles customers to free delivery on all online orders. This offer will be applied automatically at the checkout.
- This service applies to the delivery service available for all countries to which Theo + George currently delivers.
- This service does not include free postal returns.
- Theo + George reserves the right to (i) cancel this promotion and (ii) amend these Terms & Conditions at any time.
Postal services in the destination country may raise additional postage or delivery charges over and above and outside the knowledge and control of Theo + George and not included in the price of the goods and delivery service sold. It is a condition of placing an order with Theo + George that the purchaser accepts that any such charges raised in the destination country the responsibility of the purchaser, are their cost and it is their responsibility to settle them.
9. Importation, customs and duty (shipments outside of the EU)
It is a condition of placing an order with Theo + George that the person placing the order accepts full responsibility for:
- ensuring that the importation of the goods into the country to which they have ordered delivery does not contravene any form of trade restriction or embargo - either national or international.
- paying any duty (customs or otherwise), taxes or administration charges raised in the destination country and for complying with any administrative requirements that may arise from the importation of the goods they have ordered.
All goods are dispatched in secure packaging and are insured in transit. Title in the goods is deemed to have transferred to you when they are signed for or, in the case where special delivery instructions are given by the customer, when these have been completed. All deliveries require a signature and it is the purchasers’ responsibility to check for any obvious signs of damage to the package that may have occurred in transit. You should note details of any such damage on the delivery docket, take photographs if appropriate and draw the delivery drivers attention to it as a claim may have to be made against the delivery company if on unpacking the goods you discover that they have been damaged in transit. If this has occurred you should contact us immediately using the ‘Contact us’ form on the website.
11. Your satisfaction
Our overriding wish is for you to be delighted with any purchase you make from us but if you should not be happy we have a returns procedure that you should follow in order to obtain a refund of the cost of the items or a replacement.
12. Returns policy
We naturally regret it if you are not entirely happy with your purchase but if this is the case you can return the item(s) within 14 days of purchase following the conditions/return procedure. If you are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products.
The items need to be returned in their original packaging complete with the dispatch note that accompanied them. On receipt and satisfactory inspection of the returned items we will be happy to refund the purchase amount to the account from which the original purchase was made. Please take the following steps:
- Send an email to info@theoandgeorge.comstating the original order number, your name, the item(s) being returned and the reason for the return.
- Return orders to the following address.
Theo + George Returns,
15 Sandymount Road,
Sandymount,
Dublin 4,
D04 X9K4
Republic of Ireland
The cost of postage for returning the item(s) is not refunded unless otherwise agreed upon in the purchase contract.
Sale items are all considered final sale and can not be returned or exchanged.
All returns are your responsibility until they reach us. We recommend you use a tracked postal returns service that insures you for the value of the goods being returned.
Please note that returned items will be checked and verified against any photographic dispatch records prior to any credit being raised. In any event, where applicable, we aim to process refunds within 10 working days of receipt of the returned items. Refunds are processed to the original form of payment used when paying for the order.
If you have a query regarding an online return, please email us at the following info@theoandgeorge.com.
13. Cancelling an order
We hope that you will not encounter circumstances which lead you to cancel your order but if you do wish to cancel then please contact us immediately as this gives us the best chance to halt the dispatch of the goods. Please be aware that it is a condition of your placing an order that you agree to return the goods as per the Returns policy outlined above if you should cancel your order after the goods have been dispatched. Refunds are administered on receipt by us of the returned goods as per the Returns policy.
14. Defective or damaged items
All packages are dispatched by us clean and undamaged. If the package you receive is damaged in any way you should, before signing for it, carry out the actions included above in the section Receipt of goods/Goods damaged in transit as evidence will be required in the event of an insurance claim being made against the shipping company.
In the very unlikely event of you receiving an undamaged package where the contents are either defective, damaged or incorrect please contact us as soon as possible and return the goods within 14 days of receiving them as per the site’s Returns policy. Subject to receipt of the returned goods and verification of your claim we will ask you choose whether you wish to receive a replacement item, exchange it for an alternative item or receive a refund.
The above applies to Irish and international customers to whom we will, on verification of the claim, refund the price of the item in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
15. Warranty
All our items are covered for a period of 12 months from the original date of purchase under the terms of this warranty. The warranty covers manufacturing defects only.
In order to make a claim under warranty you will need to return the items to us together with evidence of purchase. We recommend that you use a means of return that requires the parcel to be signed for on receipt as we cannot accept responsibility for items sent by you and lost in transit.
On receipt of the returned item we will inspect it and at our discretion and subject to it qualifying under the warranty terms decide either to repair it free of charge or, if this is not possible, to offer you an exchange or a refund for store credit. A full or partial refund may be offered depending on the level of wear and tear.
16. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
18. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
19. Disclaimer and liability
We reserve the right to change, modify, substitute or remove and information or products or materials on the site from time to time without notice. We endeavour to ensure that all descriptions and illustrations of the items on the site are representative of the items being sold. Different computer screens may also present colours in different ways.
The site uses the Shopify platform and we strive to keep the site up to date. We are unable to guarantee that this site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on any technology. We will endeavour to allow uninterrupted access to the site but access may be suspended, restricted or terminated at any time. By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site.
In no event shall we be liable for any indirect loss, consequential loss, loss of profit (whether direct or indirect), data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these Terms of Use or use of the site save where such liability cannot be excluded by law.
To the maximum extent permitted by law, our liability to you in connection with any claim or series of connected claims under these Terms of Use shall not exceed €1,000 or the value of the items to which a claim is relevant, whichever is the lesser.
Notwithstanding anything else in these Terms of Use, we do not exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
These Terms of Use do not affect your legal rights as a consumer.
We shall not be liable to you or in breach of these Terms of Use for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
Theo + George cannot be held liable for any item that has been repaired or modified by a third party.
20. Information about you and your visits to our site
We process information about you in accordance with our Privacy policy, details of which are set out above.. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
21. Viruses, hacking and other offense
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
22. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to info@theoandgeorge.com
23. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
24. Jurisdiction and applicable law
The courts of the Republic of Ireland will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use 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) shall be governed by and construed in accordance with the law of Republic of Ireland.
25. Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.
26. Transfer of rights and obligations
The contract between you and Theo + George is binding on us and on our respective successors and assigns. You may not transfer, assign, charge, sub- contract or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. For the avoidance of doubt, any such transfer, assignment, charge, subcontract or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
27. Theo + George right to suspend or close your account
We may suspend or close your account immediately at our discretion if you breach any of your obligations under these Terms of Use. You will not be able to order any products on the theoandgeorge.com website if your account is suspended.
28. Waiver
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 of Use, 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
29. Severability
If any of these Terms of Use 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.
30. Your concerns
If you have any concerns about material which appears on our site, please contact info@theoandgeorge.com
Thank you for visiting our site.