Marram Co Paraphernalia Limited (trading as Marram Co) (the “Company”) – Terms & Conditions of Supply (the “Terms”).
YOU AGREE TO BE BOUND BY THE CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
1.1 Definitions. In these Terms, the following definitions apply:
2.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms. The Customer is responsible for ensuring that the terms of the Order submitted by the Customer are complete and accurate. Subject to clause 2.4, the Supplier shall not be responsible if information made available on the Website (as defined below) is incomplete, historical or inaccurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.5 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website www.marramco.com (the “Website”), catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue. The Supplier reserves the right to refuse any order placed. In the event that the Supplier makes a change to or cancel an order, the Supplier may attempt to notify the Customer at the time of the Order or thereafter.
3.1 The Goods are described in the Supplier’s catalogue or on the Website.
3.2 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
4.2 The Supplier shall deliver the Goods though a third party provider to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after the Supplier notifies the Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the completion of delivery of the Goods at the Delivery Location.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
5.1 The Supplier warrants that on delivery the Goods shall:
5.2 Subject to clause 5.3, if:
5.3 The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:
5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.
5.5 These Terms shall apply to any repaired or replacement Goods supplied by the Supplier.
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6.2 Title to the Goods shall not pass to the Customer until the earlier of:
6.3 Until title to the Goods has passed to the Customer, the Customer shall:
6.4 Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
6.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 8.2, then, without limiting any other right or remedy the Supplier may have:
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
7.2 The Supplier may, by giving notice to the Customer at any time up to 10 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
7.3 The price of the Goods is inclusive of the costs and charges of packaging of the Goods.
7.4 The price of the Goods is inclusive of amounts in respect of value added tax (“VAT”).
7.5 The Customer will pay for the Goods at the time of purchase and completion of the Order.
8.1 If the Customer becomes subject to any of the events listed in clause 8.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer.
8.2 For the purposes of clause 8.1, the relevant events are:
8.3 Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 8.2(a) to clause 8.2(l), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
8.4 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest.
8.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
8.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
9.1 Nothing in these Terms shall limit or exclude the Supplier’s liability for:
9.2 Subject to clause 9.1:
9.3 Certain content, products and services available via the Website may include materials from third-parties. You acknowledge and agree that the Supplier provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Supplier shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Third-party links on this site may direct you to third-party websites that are not affiliated with us. The Supplier is not responsible for examining or evaluating the content or accuracy and they do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Supplier is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9.4 You agree to indemnify, defend and hold harmless the Supplier and their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (as applicable) from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11.1 Notwithstanding the foregoing, when you make a purchase of Goods via the Website, you have the right, save for the exceptions referred to below, to cancel the purchase without the need to give us any reason within 14 days of your Order delivery date. Provided that these Terms are complied with, the Supplier agrees to reimburse you the purchase price you paid for the Goods as set out in the Order within 30 days of notification of cancellation. In order to make such a cancellation you must send us notice in writing within 14 days of your Order delivery date. You must also return the Goods to us immediately, unused, in their original packaging and with the original Order confirmation (proof of receipt of purchase). You are solely responsible for the cost of returning the Goods to us, and for ensuring that the full and correct postage is paid. You are also responsible for the risk of any loss or damage of the Goods upon receipt of delivery of the Goods by you and while in transit to us. The Supplier cannot accept responsibility for Goods lost in transit and you are recommended to obtain proof of posting when returning Goods. Title and risk to the Goods shall pass back to us when received by us.
11.2 Refund or Exchange
In addition to the right of cancellation set out above for Goods ordered on the Website the Supplier will provide you with a refund or exchange provided that the following conditions are complied with:
11.3 Return of Allegedly Defective Goods
The shipping cost for the return of Goods will be borne by you. Allow 30 Business Days for us to process your return when received by us. You are responsible for the risk of any loss or damage of Goods upon receipt of delivery of the Goods by you and while they are in transit to us. The Supplier cannot accept responsibility for Goods lost in transit and the Supplier strongly recommends that you obtain proof of posting when returning Goods. Title and risk to goods shall pass back to us when received by us. The Supplier cannot accept or refund Goods purchased anywhere whatsoever other than via the Website. Retail stores are not able to offer refunds or exchanges for Goods purchased online, via the Website or otherwise.
In the event that you wish to return allegedly defective Goods you should send the Goods to us together with the original Order confirmation. When the Goods are received by us they shall be assessed by our sales team. If the sales team determines that the Goods are defective such that you are entitled to a refund under law the Supplier shall offer you a refund, repair or replacement in respect of them. In the event that the sales team determines that the Good(s) are not defective you shall be notified accordingly and the return of the Good(s) to you shall be arranged, the cost of such return shall be borne by you.
Goods shall not be considered defective if the alleged defect arose due to:
Please note that this returns policy only applies to the original Purchaser of the Goods and cannot be assigned.
12.1 Assignment and other dealings.
12.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.5 Variation. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier. The Supplier reserves the right, at their sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
12.6 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Ireland.
12.7 Jurisdiction. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
DISCLAIMER: While our skincare products and shaving creams are made using natural non-parfum ingredients, if you experience any reaction to a skin product you should discontinue use immediately. It is important to thoroughly rinse off our shaving creams after use. The information provided on the website is not meant to be a substitute for medical advice or for a medical diagnosis concerning any condition.
Marram Co Paraphernalia Limited (“Marram Co”, “we” or “us”) are committed to preserving the privacy of all visitors to marramco.com (the “Website”). Please read the following privacy statement to understand how we use and protect the information that you provide to us.
By using this site, you consent to the collection, use and transfer of your information under the terms of this privacy statement.
When you visit, register or order products or services on the Website you may be asked to provide certain information about yourself, such as your name, contact details and credit or debit card information.
We may also collect information about your usage of the Website as well as information about you from messages you post to the Website and e-mails or letters you send to us.
We use your information to supply you with goods or services ordered by you, to bill you and to contact you about an order. We also analyse information provided by you and others to help us administer, support, and improve our business.
We may use your information to contact you to tell you about important changes or developments to the Website or our services, or to obtain your views on our services.
Where you have agreed, we may use your information to let you know about other products and services which might be of interest to you. This contact may be by post, telephone, fax or e-mail. If you want to stop receiving information about other products and services, you can opt out at any time by contacting us at email@example.com.
The information you provide to us will primarily be held on secure servers in the USA and may be accessed by or given to our staff working outside the European Economic Area. It may also be accessed by third parties, some of whom are located outside the European Economic Area, who act for us for the purposes set out in this privacy statement or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process payments and provide support services on our behalf. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take reasonable steps to ensure that your information is used by third parties in accordance with this privacy statement.
We may allow carefully selected third parties to contact you occasionally about products and services which we think may be of interest to you. This contact may also be by post, telephone, fax or e-mail. If you do not want to stop receiving information about other products and services, you can opt out at any time by contacting us firstname.lastname@example.org.
We may pass aggregate information on the usage of our site to third parties, but this will not include information that can be used to identify you.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
An IP address is a number that is assigned to your computer automatically when you use the internet. When you visit a particular web page in the Website, our servers log your IP address.
We may use your IP address to help diagnose problems with our server, and to administer the Website. Your IP address is also used to help identify you and to gather broad demographic information.
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.
We will retain your information for a reasonable period or as long as the law requires.
You are entitled to see the information we hold about you. The law entitles us to charge you a fee for doing so. If you wish to see this information, please contact us at email@example.com.
You can also ask us to amend the information we hold about you to ensure that it is accurate and kept up to date. Please contact us to do so at firstname.lastname@example.org.
Any changes to our privacy statement in the future will be posted to the Website and, where appropriate, through e-mail notification.