Terms & Conditions

Terms Of Service

PLEASE READ CAREFULLY BEFORE USING WWW.FOLLAIN.IE (the “Website”)

The Terms of Service is a legal agreement between you and Folláin Teoranta (trading as Folláin), a limited company whose operational place of business is Folláin Teo, Baile Mhic Íre, Maighchromtha, Co. Chorcaí, P12 H635, Companies Registration Office number 173476.

These Terms of Service outline the conditions under which you use the Website. By your use of the Website, by uploading data and/or downloading data, as well as any continued and subsequent use of the Website, you consent to be bound by these Terms of Service. If you do not agree to all of these Terms of Service then do not use the Website or any of the services on the Website. By your continued use of the Website you confirm that you have read, accept, and that you understand these Terms of Service. BY TICKING THE BOX WHEN YOU PURCHASE ANYTHING ON THE WEBSITE YOU CONFIRM THAT YOU HAVE READ, YOU ACCEPT, AND YOU HAVE UNDERSTOOD THESE TERMS OF SERVICE, THAT YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR TICKING OF THE BOX TO BE AN ELECTRONIC SIGNATURE SUFFICIENT TO BIND YOU TO THESE TERMS OF SERVICE.

Changes to Terms of Service: We may update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Website. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.

1. PRODUCTS AND PRICING

   1. Product Depictions: We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible.  We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the item delivered. The products will comply with our obligations under consumer law to comply with their descriptions.
   2. Subject to Change: Product recipe and product pricing is subject to change at any time without notice.
   3. Pricing, Currency, and Foreign Transaction Fees: All prices quoted on the Website are in Euro. The Website processes all transactions in Euro via our third-party payment provider, to whom you will be redirected for payment and in accordance with section 12.1 you will be bound by their terms and conditions.  Depending on your location and on your card provider card issuers may charge an extra fee as a foreign transaction fee – this charge is implemented by your card issuer and not by Folláin.
   4. Pricing Errors: In the unlikely event that an incorrect price is shown on the Website, Folláin reserves the right to refrain from fulfilling the order at that price.  You will be notified by email informing you of the correct price and given the option to proceed with the corrected or updated order. Folláin reserves the right to cancel an order in advance of shipment, without cause, you will be notified of any such incident and offered an opportunity to reorder or your funds will be returned.

2. RETURNS

   1. Items eligible for refund or replacement:
      1. Item(s) damaged in transit: Any claims for breakages can be made either by telephone [X] or through the Order Query form on the Website as soon as possible after delivery.  Folláin will take care and attention to packing breakable items but in the event that there is damage during transit, the company will either replace or refund the broken item.
      2. Defective/spoiled item(s): You have the right to return a faulty time within a reasonable period of time.  If you have received a defective/spoiled item please contact us through the Order Query form on the Website.
      3. Incorrect item(s): If you receive an incorrect item please contact us as soon as possible through the Order Query form on the Website.
   2. Refund/Replace: Damaged, defective, or incorrect items will be refunded to you or a replacement will be sent to you.  Please repackage your items carefully in the box and affix the return sticker supplied with your order to the outside of the box. Your return shipment will be scheduled automatically when you contact us about your return. Once we receive your item, we will process your refund.
   3. Cooling-off Period: ~Consumer Law in Ireland states that you are entitled to a 14-day cooling-off period from when you receive your order.  During this period of time, you can elect to return the item to us for a refund. The item must be in new condition, unopened, sealed, and in its original packaging if you wish to return it to us in this case. You will bear the cost of shipping to return the item to us and you must provide
      proof of shipping to us by email. Once we receive proof that the item has shipped to us, we will process your refund. You must contact us through the Order Query form on the Website if you choose to return any items to us.
   4. Return Address: All returns should be sent to:
      Folláin Teo.
      Baile Mhic Íre,
      Maighchromtha,
      Co. Chorcaí
      P12 H635

3. CANCELLATION

   1. Cancellation by Follaín
      1. Folláin reserves the right to cancel any order placed on the Website prior to shipment.  If your order is cancelled by us, you will receive a full refund of any amount paid by you in respect of that order or be provided with an opportunity to reorder.
   2. Cancellation by Customer
      1. Pre-shipping: You may cancel an order up to 24 hours before the delivery date notified to you in your order. Your order may be made ready for shipment in a shorter period of time than 24 hours, depending on our availability. If we receive notice of your cancellation in advance of dispatch, it may be too late to cancel delivery. To cancel your order if your item has already been dispatched, contact us through the Order Query form on the Website. Any refund will exclude the original delivery charge and the return-to-sender fee imposed by the delivery service.
      2. Post-receipt: You are entitled to a 14-day cooling-off period commencing the day after the day you receive the item (please refer to 2.3 above).

4. ORDERING AND SHIPPING

   1. Order Placed: A confirmation email is sent to the email address provided to us confirming your order once it is placed on the website.
   2. Order Shipped: When your item ships you will receive an email notification to say the order has been shipped and provide you with a tracking number.
   3. Regions: We ship from Ireland throughout the island of Ireland, to the EU, United Kingdom, Scandinavia, Eastern Europe, and the USA.
      1. Orders shipping outside of the EU: Folláin will not be responsible should local customs authorities wish to confiscate any item or delay any shipment. All delivery lead times are provided pending customs inspection and Folláin will not be responsible for any resulting delay.
   4. Method: Shipping and delivery are by way of UPS, but this may be altered at our discretion from time to time.
   5. Shipping Rates:
      1. Shipping rates will be standard rates for the jurisdiction you have selected for shipment and will be calculated during checkout prior to payment. Costs can also vary based on the number of giftboxes ordered.
      2. Shipping rates are subject to change.

5. PROMOTIONAL CODES

   1. One Per Use: Promotional codes are one use per customer per transaction unless otherwise specified.
   2. Sale Items: Promotional codes are not valid for use on reduced-price items.
   3. Free Delivery: Free delivery codes are for use within the Republic of Ireland only.

6. GIFT VOUCHERS:

   1. Gift Vouchers: All vouchers are valid for 5 years from the date of issue.

7. AGE AND RESPONSIBILITY

   1. Age: Any individual making use of the Website must be at least 18 years of age.
   2. Parental Consent: If you are under the age of 18, parental consent is required for you to use the Website

8. COVID STATEMENT:

   1. COVID Related Delay: We endeavour to ship our products to you in line with our shipping estimates as provided to you on placing your order. However, we have at times experienced unavoidable shipping delays due to the COVID-19 pandemic. We appreciate your patience at this difficult time and please be assured that we are working hard to provide accurate shipping information to our customers and to ship out our products as quickly as possible.

9. INTELLECTUAL PROPERTY

   1. Copyright and Trademark: Folláin owns and operates the Website. All material on the Website is protected by copyright and is the property of Folláin.  This material is provided solely for your personal, non-commercial use. Folláin is trademarked in Ireland and use of the mark is protected under applicable Irish and international law.

10. PRIVACY POLICY

    1. Privacy Policy: Please see our Privacy Policy for details on how we collect and retain your personal data.

11. APPLICABLE COSTS:

    1. Fees and Incidental Charges: By using the Website you understand that you are financially responsible for the applicable costs (if any) arising from your use. You agree and understand that use of the Website may entail the application of certain incidental usage charges during the use of the Website. These incidental charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the incidental charges which may be incurred as a consequence of using this Website. In the event that you are under 18 years of age, such responsibility rests with your parent or guardian. You should seek the permission of such a parent or guardian in advance in respect of the applicable incidental charges.

12. THIRD-PARTY SITES

    1. Links: The Website if it includes links to third party web sites in its Content is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or applications. If you decide to access Third-Party Sites, you do so at your own risk and agree that your use of any Third Party Sites is on an “as-is” basis without any warranty, and your use of any Third Party Site is subject to the terms and conditions contained therein. Specific Third Party Sites with whom we currently work are Strype for payments and Woocommerce as our e-commerce back-end.

13. WARRANTY & DISCLAIMER

    1. All information and content on the Website are provided “as is” or “as available”. Folláin does not warrant and expressly disclaims, that the information contained in and the content provided on the Website is up-to-date and complete.

14. LIMITATION OF LIABILITY

    1. Precedence: This Section prevails over all other provisions of these Terms of Service and sets out the entire liability of Folláin in respect of:
       1. the performance, non-performance, purported performance or delay in the performance by Folláin of its obligations under these Terms of Service; and
       2. otherwise in relation to this Agreement or the entering into or performance of these Terms of Service.
    2. Losses not excluded: Nothing in these Terms of Service shall exclude or limit Folláin’s liability specifically;
       1. under the tort of deceit;
       2. for death or personal injury caused by any breach of duty;
       3. any breach of any obligation implied by the Sale of Goods Act 1893 and/or the Sale of Goods, Supply of Services Act 1980 (if any); or
       4. any other liability to the extent that under applicable law it cannot be excluded or limited.
    3. No Implied Terms: The terms of these Terms of service are in lieu of all other conditions, warranties and other terms concerning the supply or purported supply of, or failure to supply or delay in supplying, any services (except for those arising under the Sale of Goods Act 1893 and/or the Sale of Goods, Supply of Services Act 1980 (if any) which might but for this Clause have effect between Folláin and you or would otherwise be implied or incorporated into these Terms of Service or any collateral contract, whether by status, common law, or otherwise (including the implied conditions, warranties or other terms as to the satisfactory quality, fitness for purpose or as to the use of reasonable skill and care), all of which are hereby excluded.
    4. Non-Contractual Liability: Subject to 14.2, Folláin does not accept, and excludes all liability for breach of any obligation or duty to take reasonable care or exercise reasonable skill other than any such obligation or duty arising under these Terms of Service.
    5. Indirect Loss: Subject to 14.2, Folláin shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage, (whether or not such damage was foreseen, foreseeable, known or otherwise):
       1. revenue, actual or anticipated profits, contracts, use of money, anticipated savings, business, opportunity, goodwill, reputation, damage or corruption of data; or
       2. any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in 14.5.1).
    6. Breach of Warranty: For the avoidance of doubt, Folláin shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
       1. any use of the Website by you other than in accordance with the terms of this Agreement or use of the Website for a purpose for which it was not designed;
       2. any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Website;
       3. any reverse assembly, reverse compilation, reverse engineering or adaptation of the whole or part of the Website;
       4. any alteration, modification, adjustment, translation, adaptation or enhancement made by you to the Website or any combination, connection, operation or use of the Website with any other equipment, software or documentation;
       5. any dissemination, sale, hire, lease offer or exposure for sale or distribution of the Website or the content therein;
       6. any item of third party hardware or software;
       7. any breach by you of your obligations under this Agreement or of Folláin’s Intellectual Property Rights; or
       8. any act, omission, negligence, fraud or default of or by you.

15. PROHIBITED USES

    1. Prohibited: You are prohibited from using the site or its content in any of the following ways:
       1. for any unlawful purpose;
       2. to solicit others to perform or participate in any unlawful acts;
       3. to violate any local or international regulations or laws;
       4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
       5. to submit false or misleading information;
       6. to collect or track the personal information of others;
       7. to spam, phish, pharm, pretext, spider, crawl, or scrape; or
       8. to interfere with or circumvent the security features of this or other Websites or the Internet.
    2. Termination: We reserve the right to terminate your use of this Website or the purchase of our products for violating any of the prohibited uses.

16. NOTICES:

    1. General Communication: You agree that Folláin may communicate with you by email, mobile and telephone about orders you have placed on through the Website and future offers and promotions available on the Website. Please review your Settings to control what kind of messages you receive from us. To unsubscribe from any communication we circulate to you, please click on the unsubscribe mechanism at the bottom of the communication. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website.

17. AMENDMENTS TO THE TERMS OF SERVICE:

    1. Amendments: Folláin reserves the right, at our sole discretion, to amend, add or delete any of these Terms of Service. Folláin will post notifications of any such changes to this Licence on the Website, will provide a link to the revised version of these Terms of Service, and may provide such other notice Folláin may elect in its sole discretion. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you can cease using the Website which will, excepting any outstanding orders you have placed through the Website, terminate the agreement between you and Folláin in respect of these Terms of Service.

18. SEVERABILITY: 

    1. Severance of Terms: If any of the Terms of Service 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.

19. ENTIRE AGREEMENT:

    1. These Terms of Service together with the Privacy Policy represents the entire agreement between you and Folláin as relates to your use of the Website.

20. LAW AND JURISDICTION:

    1. Governing Law: These Terms of Service are governed by Irish law. Any dispute arising from or related to, any term of these Terms of Service shall be subject to the exclusive jurisdiction of the Irish courts.

21. LANGUAGE:

    1. Language: Any dispute arising from, or related to, any term of these Terms of Service shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.