These terms and conditions shall apply to any and all orders placed by a customer (hereinafter referred to as “you”) with MR. COTTON LIMITED trading as MR. COTTON (hereinafter “the Company”, “we”, “us”.). The terms and conditions are, and are deemed to have been, accepted by you once the order has been placed.

1. GENERAL

By using www.mrcotton.ie (the “Website”) and/or placing an order, you agree to be bound by the terms and conditions set out herein (the “Terms”). Please make sure you have read and understood the Terms before placing your order. Orders may only be made by persons aged 18 years or older. We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on the Website at the time at which you place your order.

The display of goods on this Website does not constitute an offer to sell them as described or to sell any goods at all. By clicking to place an order, you are making an offer to buy which incorporates these Terms.

2. ORDERS AND BOOKINGS

2.1. The order option is available to you via the Website. Orders are only binding when the order confirmation is received. We will forward an order confirmation to you by email and receipt of such order confirmation shall constitute an acceptance of your offer to purchase the goods. If for any reason we are unable to accept your order, we will notify you of the unavailability of the particular goods. You can then cancel the agreement and we will refund you any money paid in full. Alternatively, you can accept any equivalent product which we may offer to you. If we have already received payment for such order, we will endeavour to refund you the full amount using the same method used to make the payment.

2.2. You may process requests for bookings of Coffee Cart Services via our Website. We will engage with you directly to confirm whether your booking can be facilitated and arranged following receipt of such request. For any reason, we are unable to facilitate your booking, we will notify you of our unavailability. Once bookings are made, a deposit must be paid to confirm and complete the booking. The balance due for completion will be payable within 7 days prior to the event. For the avoidance of doubt, the booking deposit is non-refundable. In the event that you cancel your booking within 2 days of the event, the entire amount of the payment is non-refundable. In the event that you cancel 3 days or more prior to the event, then your booking deposit is non refundable, however the remainder of the fees paid will be refunded to you.

3. PRICES AND DELIVERY CHARGES

The prices displayed on the Website include Value Added Tax and other Government taxes or duties. Prices displayed do not include the delivery charge. The cost of delivery may vary based on the product order and will notified to you in advance of placing the order. Payment for the product and the delivery charges will be processed at the same time as your order confirmation is sent and before the goods are delivered.

The Website processes payments using Stripe and PayPal.

4. DELIVERY

The Company exercises the utmost diligence and care in accepting and processing orders and will endeavour to deliver your orders to the designated address in accordance with your selected delivery option. We endeavour to dispatch orders in the fastest possible time frame and in the order in which they are placed.

Although we aim to deliver within the communicated time frame, in certain circumstances, delivery may take longer due to unexpected or unforeseen events. In the unlikely event that the delivery time exceeds 30 days, then you may cancel your order and the full amount of the payment including any delivery charges will be refunded to you. We are not liable (in contract, negligence or otherwise) for any loss or damage resulting from the delivery dates not being met, howsoever caused. Our delivery partners will attempt to deliver the package to you on two occasions. If our delivery partners are unable to deliver after two attempts, you will be responsible for making your own arrangements with the Company or in the alternative the Company reserves the right to cancel your order and refund the total price and delivery charges to you.

Where you have ordered more than one item, we may make delivery in one or more instalments at our discretion.

5. CUSTOMER COMPLAINTS

If you have a problem with any product which you purchase from the Company, please submit your complaint to the Company at [ ]. We will endeavour to resolve any complaints or issues in good faith, and in the alternative to provide you with the right to cancel or withdraw from the transaction in accordance with the provisions of these Terms.

6. ASSIGNMENT

The Company reserves the right to assign or pledge with third parties any claims for payments which have arisen in connection with the delivery of goods herein.

7. REVIEWS AND TESTIMONIALS

By entering a review or testimonial on our site, you grant the Company an exclusive, royalty free licence to use any of your written reviews in relation to its marketing and/or advertising including without limitation, in the online store, website, newsletters, catalogues, email and other customer communications, store materials and other marketing purposes. You also grant to the Company the right to edit the reviews before they are published. We will only publish comments that contain relevant information about a product. We reserve the right to remove any customer review at any time. You hereby release and discharge the Company from any obligation to pay you for use of your texts and any copyright contained therein in connection with the uses above.

8. CANCELLATION AND RETURN

You may cancel or return your order at any time prior to delivery of the products to you and for a period of fourteen days after the delivery of the products to you without any reason. In that event, you must notify the Company of the cancellation and arrange to return the products to us no later than thirty days after notifying us of your cancellation. The cost of returning the goods is a matter for you and you are responsible for those costs.

In the event that you cancel your order, we will refund to you the total amount paid by you in respect of the product together with the standard delivery charge on receipt of the goods from you, or on receipt of evidence that the goods have been returned to us, whichever is the earlier. If you have not yet received your order, then we will refund the amount paid within 30 days together with the standard delivery charge.

Please note that in the event that you selected non-standard delivery, we are not obliged to refund any amount in excess of the standard delivery charge to you. We will reimburse you using the same means of payment as used for the initial transaction.

9. COLOURS AND MEASUREMENTS

We make all reasonable efforts to accurately display the attributes of our products including composition, colours and specifications. Any items measurements on the website are approximate values to give you a better understanding of the nature of the specific item and it is not a definite guarantee of the actual measurements of the item you receive. If the item received is not suitable for your trampoline, then we are happy to offer replacement on receipt of the returned item from you or to process a refund to you subject to compliance with Clause 8.

10. RETENTION OF TITLE

The title to the products ordered by you passes to you when the products are shipped.

11. REMEDIES AND RIGHTS

Our liability pursuant to these terms of sale shall be limited to the replacement of the products furnished to you by the Company or at our option, the reimbursement of the price paid together with standard delivery charges. We have no further liability to you other than as described in this Clause under these terms of sale or on any other basis including liability in tort as a result of the sale of goods, save to the extent that nothing in these conditions of sale shall exclude or limit or liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited including statutory rights of a consumer. We will not under any circumstances be liable to you by reason of any representation or warranty, condition or other term or duty at common law or under the express terms of these Terms for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise, value or otherwise) and whether occasioned by our negligence or that of our employees or agents or otherwise, even if advised of the possibility of such damages.

We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. This shall include any strikes, problems with suppliers or transport, industrial relation problems, exchange fluctuations, governmental or regulatory reaction and natural disasters. If the conditions last for more than one month, the agreement may be terminated by either party without compensation to the other.

We accept liability for death or personal injury caused by our negligence and that of our employees or agents. We do not seek to exclude liability for any fraudulent misrepresentation by us or our employees or agents. If we breach these terms, we shall only be liable for losses which are a reasonably foreseeable consequence of any such breach.

12. DATA PROTECTION

The Company is fully compliant with GDPR and Data Protection Laws. We will process personal data in the business of the Company. Please see our Privacy Policy.

13. DISCLAIMER

13.1. Content and information on the Site is for general information purposes only and does not constitute advice or any kind or nature whatsoever. You should not assume that the content on the Site is continuously updated or otherwise contains current and/or accurate information. Mr. Cotton Limited makes no warranty or representation as to the accuracy of any information or content contained on the Site.

13.2. While every effort has been made to ensure the accuracy of all material and information on this Site, Mr. Cotton Limited makes no representation or warranty, express or implied, concerning any material, content and information on this Site whatsoever and the site is provided “as is”. Mr. Cotton Limited expressly excludes all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of this Site or any information provided through this Site.

13.3. This Site including all its contents has been prepared to the best of our knowledge and is subject to change. This Site is only intended as a general guide to Mr. Cotton Limited, our services and our activities. Mr. Cotton Limited shall have no liability for any omissions, inaccuracies or errors contained in the site whatsoever.

13.4. Any use of the Site that is fraudulent or is in conflict with these Terms shall entitle us to refuse you access to the Site itself, and activities offered and arranged by us.

13.5. Mr. Cotton Limited shall not be liable for any indirect or consequential loss, or for any direct or indirect loss of any kind, including loss of profit, data, opportunity or reputation, or any other incidental, punitive, special, exemplary loss or damage howsoever arising from the use of (or failure to use) or reliance on the Site.

13.6. This limit does not apply to any liability we may have for death, personal injury or resulting from any negligent or fraudulent misrepresentation or in any other manner in which we are not permitted to exclude liability under applicable law.

13.7. The disclaimer in this section 2 shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.

14. PHOTOGRAPHS AND ILLUSTRATIONS

14.1. We provide pictures, photographs and other illustrations on the Site for the purposes of giving you a depiction of the activity. These picture, photographs and other illustrations are for information purposes only and Mr. Cotton Limited makes no representation or warranty, express or implied in respect of them including but not limited to their accuracy.

15. INTELLECTUAL PROPERTY AND MATERIALS

15.1. You agree and acknowledge that all intellectual property including but not limited to, copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future in and relating to the Site (the “Intellectual Property”) belong and shall belong exclusively to Mr. Cotton Limited.

15.2. You may not copy, reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trademarks names or logos of third parties are the property of their respective owners and Mr. Cotton Limited makes no representation or warranty in connection with same. Nothing on this website or contained in these terms shall constitute a licence to use the Intellectual Property.

15.3. The design of the Site, text, graphics, photographs, content and software thereof are copyright of Mr. Cotton Limited.

15.4. You agree to indemnify, defend and hold harmless Mr. Cotton Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms of use, and/or the terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

16. THIRD PARTY LINKS

16.1. The Site may contain links to other websites. Mr. Cotton Limited makes no warranty or representation regarding any content or use of third party websites. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

16.2. If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. Mr. Cotton Limited makes no representation or warranty whatsoever about any other website which you may access through the Site.

16.3. Mr. Cotton Limited is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.

16.4. If you would like to create a link to this Website, you may only do so with our prior written consent.

16.5. We reserve the right to display advertisements on the Site and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.

17. DATA PROTECTION AND PRIVACY POLICY

17.1 Mr. Cotton Limited respects your privacy and are fully compliant with GDPR. We have prepared a privacy policy which explains our data processing practices and the way in which your personal data is used. A copy of our privacy policy can be obtained at www.mrcotton.ie/privacy-policy. If you have any requests concerning your personal information or any queries with regard to our processing please contact us at declan@mrcotton.ie. By accessing and viewing the Site you agree that we may process your personal data in accordance with our privacy policy.

18. GENERAL

18.1. These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Site.

18.2. We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.
18.3. We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.

18.4. If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

18.5. We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party without notice to you.

18.6. We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

18.7. We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. We give no warranties as to the availability, performance or accessibility of the website.

18.8. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other internet connected device. Any such action will constitute a breach of these terms of use and the Company reserves its position in this regard.

18.9. We may at any time suspend or terminate your use of this website without notice to you if you fail to adhere to these terms of use, or the privacy policy, or our terms and conditions of sale.

19. ENTIRE AGREEMENT & SEVERANCE
These Terms expressly incorporate our privacy policy and terms and conditions of use for our Website. Together they contain the entire understanding and agreement between the Company and the Customer relating to the sale of products by the Company through this Website. Each of these terms and provisions are separate and severable and enforceable accordingly and if at any time any provision is adjudged by any court or regulatory authority or agency of competent jurisdiction to be void or unenforceable in whole or in part the validity, legality and enforceability of the remaining terms and provisions hereof shall not in any way be affected or impaired thereby.

20. GOVERNING LAW

These conditions of sale shall be governed in accordance with the laws of the Republic of Ireland and the exclusive jurisdiction of the courts of Ireland.

21. COMPANY INFORMATION

Name: Mr. Cotton Limited

Registered Office: Unit 2
Westside Centre
Model Farm Road
Bishopstown
Cork

Registered No: 465733

Contact Details: declan@mrcotton.ie