Terms & Conditions
Please read these terms and conditions carefully as they contain important information about your rights and obligations. In particular, your attention is drawn to paragraphs 9 (Liability). By continuing to browse this website you agree to be legally bound by these terms and conditions as they may be modified and posted on this web site from time to time. If you do not wish to be bound by these terms and conditions then you may not use this web site.
1. Introduction
1.1 This web site is operated by The Cloth Shop and trading as The Cloth Shop LTD., a company registered in the Republic of Ireland.
2. Ordering and Purchase
2.1 The price of the Product, and the procedures for ordering, payment and delivery are displayed on this web site. You must pay by credit or debit card at the time of order. The Cloth Shop website accepts Visa, MasterCard, Amex, Discover & 3V. The price of the Product is the price in force at the date and time of your order. We may change the price of the Product before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 2.2 below). We will inform you if the Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. At all times full payment, including shipping fees are required for work to begin on your order.
2.2 The Cloth Shop is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
2.3 You undertake that all details you provide to us when ordering the Product will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product involved. We reserve the right to obtain validation of your credit details before providing you with the Product.
3. Returns
3.1 The Cloth Shop cannot issue refunds for fabric that has been cut to measure from the roll. We do not refund outward or return shipping charges. However, if, in spite of our meticulous quality checks, you need to return fabric because it is flawed, we will issue a full refund including shipping charges.
3.2 We request that returns are made within 14 days of the date of your invoice and we recommend that you request a Shipping Receipt/Certificate of Post from your shipper or Post Office when you do so.
3.3 Once we are satisfied that the returned fabric is genuinely flawed, we will issue the appropriate refund within 15 working days.
3.4 If you have any queries or complaints, you should direct them to us via e-mail at office@theclothshop.ie or by post to The Cloth Shop, 15 Westbury Mall, Balfe Street, Dublin 2.
4. Security
4.1 All payments are processed securely on Realax or PayPal. On confirming your order, can choose to pay through Realax or Pay Pal. If you choose Pay Pal will be redirected to the paypal site where you can use your paypal account to make your payment. You do not need a paypal account and will be given an opportunity to enter your card on selecting "Don't have a PayPal account?".
5. Applicability of Online Materials
5.1 Where content published on this web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with The Cloth Shop is published in good faith but The Cloth Shop does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the Product you purchase. [You assume total responsibility and risk for your use of this web site and use of all information contained within it].
5.2 The Cloth Shop has used all reasonable endeavours to ensure that this web site complies with Irish law. However, we make no representations that the materials on this web site are appropriate or available for use in locations outside the Republic of Ireland.
5.3 The Cloth Shop makes no warranties, express or implied, that making the Product available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Product or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Product is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Product. The Cloth Shop accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.
6. Copyright and Monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is The Cloth Shop or other third party licensors. All product and company names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners, including The Cloth Shop. You may download material from this web site for the sole purpose of placing an order with The Cloth Shop or using this web site as a shopping resource, However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without The Cloth Shop' prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
7. Linked Sites
The Cloth Shop makes no representations whatsoever about any other web sites that you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from The Cloth Shop and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that The Cloth Shop endorses or accepts any responsibility for the content, or use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
8. Availability of the Web Site
We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability, You must not attempt to interfere with the proper working of this web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.
9. Liability
9.1 The Cloth Shop warrants that Products purchased from us will be free from defects in materials and workmanship under normal use for a period of ninety days. The Cloth Shop excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this web site or any information or service provided through this web site. The Cloth Shop will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an “as is” basis. Furthermore The Cloth Shop cannot guarantee the accuracy of the colours in the photographs of the fabrics because each computer screen will display them slightly differently.
9.2 In relation to the purchase of the Product, The Cloth Shop accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct of indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this web site or its contents other than as a direct result of purchasing a copy of the Product, we accept no liability for this loss or damage (except where The Cloth Shop has been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of The Cloth Shop or its servants, agents or any other person).
9.3 If The Cloth Shop is liable to you for any reason, The Cloth Shop liability will be limited to the amount paid by you for the Product concerned.
9.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with this web site. You also understand that The Cloth Shop cannot and does not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.5 The limitations and exclusions in this paragraph 9 only apply to the extent permitted by applicable law.
10. General
10.1 The Cloth Shop may assign, novate or subcontract any or all of its rights and obligations under these terms and conditions at any time.
10.2 The Cloth Shop may alter these terms and conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the terms and conditions on this web site regularly.
10.3 These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and The Cloth Shop. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by The Cloth Shop or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions.
10.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.5 These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.
10.6 Neither you nor The Cloth Shop will be held liable for any failure to perform any obligation to the other due to causes beyond your or The Cloth Shop respective reasonable control.
10.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
