TERMS AND CONDITIONS OF SALE AND SERVICE
This website is operated by Poco Nido EU Ltd. Throughout the site, the terms “Poco Nido”, “we”, “us” and “our” refer to Poco Nido EU Ltd. Poco Nido EU Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” “Terms of Sale”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
All intellectual property rights pertaining to this Website and to Poco Nido products and any modifications and improvements to them are retained by Us. Any use of the Website or its contents, other than for your own personal and non-commercial use, is expressly prohibited without our written permission.
SECTION 2 –TERMS AND CONDITIONS OF SALE AND SERVICE
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 "Event Outside Our Control" is defined in clause 10.2;
1.1.2 "Goods" the goods that We are selling to you as set out in the Order;
1.1.3 "Order" your order for the Goods as set out [overleaf];
1.1.4 "Terms" the terms and conditions set out in this document; and
1.1.5 "We/Our/Us" Poco Nido EU Ltd, trading at 37 Baggot Street, Dublin, D02 NV30, Ireland
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign or submit the Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us.
2.4 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.6 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.7 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.8 The images of the Goods on Our website or in Our catalogue are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary from those images. Although We have made every effort to be as accurate as possible, because our Goods are handprinted, there may be some variation in printing.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how We accept payment from you;
3.1.2 changes in relevant laws and regulatory requirements.
3.2 You may make a change to the Order for Goods at any time before We despatch the Goods OR within 14 calendar days of placing an Order by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11.1 in these circumstances.
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.
4. DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries which are not to Mainland Europe.
4.2 For security reasons we do not ship to PO boxes.
4.3 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 10 for Our responsibilities when this happens.
4.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us.
4.5 If no one is available at your address to take delivery, the Goods are likely to be returned to a local delivery office, for collection by you.
4.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms.
4.7 The Goods will be your responsibility from the completion of delivery.
4.8 You own the Goods once We have received payment in full.
4.9 If the Goods are returned to us because You have failed to collect them from your local delivery office or other place where they are being held, delivery costs will be charged again to re-deliver Your order. If the Goods are no longer required then a refund will be issued, minus the delivery cost.
4.10 If the Goods are returned to us because You have provided us with the wrong address or incorrect address details, delivery costs will be charged again to re-deliver Your order. If the Goods are no longer required then a refund will be issued, minus the delivery cost.
4.11 If the Goods are lost because You have provided us with the wrong address or incorrect address details, We are not obligated to issue a refund or send replacement items.
5. IF THE GOODS ARE FAULTY
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.1 The faulty goods must be returned to: Poco Nido/Boost, Cidex 30, 200 Route De Pontmartin, Sète, 34200, France. You must ask for a proof of postage to allow your postage costs to be refunded.
5.2 Goods found to be faulty upon inspection will be fully refunded, including postage or replaced.
6. SELLER'S GUARANTEE OF GOODS
6.1 We guarantee that on delivery the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 6.2.
6.2 This guarantee does not apply to any defect in the Goods arising from:
6.2.1 fair wear and tear;
6.2.2 wilful damage, inappropriate wear (for example wearing mini shoes outdoors while crawling) abnormal storage or working conditions, accident, negligence by you or by any third party;
6.2.3 if you fail to use or wash the Goods in accordance with the user instructions; and
6.2.4 any alteration or repair by you or by a third party.
6.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. GOODWILL GUARANTEE OF GOODS
7.1 If you are unhappy with the Goods for any reason or you change your mind, you may return them to Us at your own cost within 30 calendar days of receipt if you send Us an e-mail together with the proof of purchase. We will refund you the price you paid for the Goods provided the Goods are as sold, clean, unused and unwashed in its original packaging. Goods must be packed securely to ensure they are not damaged in transit.
7.2 Goods are returned to Us at your own cost and we recommend you obtain proof of postage and use a trackable service. Customers requiring Goods to be exchanged will be charged the appropriate delivery charge on their new Order.
7.3 This guarantee does not apply to sale items or seconds items but is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
8.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods' correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
8.5 Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. We accept payment with PayPal, Visa, Mastercard, Amex. Your card will be charged at point of sale.
8.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
8.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.6 will not apply for the period of the dispute.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
9.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way Our liability for:
9.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);
9.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
9.3.5 defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks].
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
10.3.1 We will contact you as soon as reasonably possible to notify you; and
10.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with Our cancellation rights in clause 11.
11. YOUR CANCELLATION RIGHTS
It is not possible for you to cancel an order once it has been placed due to the fact that our orders are picked and packed as soon they are received by a third party warehouse.
12. OUR CANCELLATION RIGHTS
If We have to cancel an Order for Goods before the Goods are delivered:
12.1.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
12.1.2 If We have to cancel an Order under clause 12.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a Limited Company registered in Ireland. POCO NIDO EU LIMITED 697020. Our registered office is at 37 Baggot Street, Dublin, D02 NV30, Ireland. Our registered VAT number is IE3768229WH.
13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us in writing at Poco Nido EU Ltd, 37 Baggot Street, Dublin, D02 NV30, Ireland or email@example.com
13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Poco Nido EU Ltd, 37 Baggot Street, Dublin, D02 NV30, Ireland or at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
14.1.1 provide the Goods;
14.1.2 process your payment for such Goods; and
14.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
14.2 We will not give your personal data to any third party
15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
15.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
15.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
15.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 6 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
16.6 These Terms are governed by Irish law. You and We both agree to submit to the non-exclusive jurisdiction of the Irish courts.