Terms and Conditions (“Terms”)
Last updated: (20th August 2018)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using
the http://www.soulenergydesigns.com website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree
with any part of the terms then you may not access the Service.
Terms and Conditions
This website, found under the www.soulenergydesigns.com, is operated by Soul Energy Designs (“Soul Energy Designs”) and references to “we”, “us” and “our” shall be deemed to be references to Soul Energy Designs. References to “you”, and “your” shall be deemed to be references to any person visiting/using/placing an order via this website.
You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & 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.
GENERAL TERMS AND CONDITIONS
By agreeing to these Terms and Conditions, 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 website, 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.
PLACING AN ORDER
By visiting our website and/or placing an order with us you will be deemed to have read, understood and agreed to these Terms & Conditions. If you are unhappy with or unclear about any aspect of these terms, please contact us before using this website or placing an order with us either by telephone on 00353 89 247 5708 or by email at email@example.com.
By placing an order via this website you are making an offer to Soul Energy Designs to purchase the goods detailed in your order upon the terms described in your order.
Once you have placed an order we will send you a confirmation email that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Soul Energy Designs for the pruchase of our products will only exist once an order has been accepted, processed and despatched to you. Your credit/debit card/PayPal account will be authorised and charged when your order is placed and processed. This does not affect your statutory rights.
Prices and availability of goods are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. A shipping charge will be added to your order value where appropriate. Please see our Orders and Shipping page for more information.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any delays out of the control of Soul Energy Designs (postal strikes, flight delays etc) or for loss or delay due to incorrect shipping details being provided by you at time of order placement that is not notified to Soul Energy Designs before shipment of your order has been processed.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct at the time they are added to the store. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We endeavour to display through this website all items we have available. We aim to hold stock whilst a product is active. However, occasionally an item will be out of stock and if this is the case this will be highlighted or no longer visible on the store page.
YOUR RIGHT TO CANCEL
You have a right to cancel your order in writing within 3 days of receipt of your order. You will then need to return the item(s) either to our store or by post. Once an item has been received back by Soul Energy Designs, you will be issued a refund of all charges. Cost of shipping the returned items will not be refunded unless previously agreed in writing by Soul Energy Designs. For further information about Cancellations/Refunds, please refer to our Returns Page.
Please refer to our returns policy here. We will be happy to offer you a credit note in exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused, and with the original packaging. We cannot accept an item returned as faulty if the appropriate product care instructions have not been followed and the damage caused to the product is clearly due to wear and tear or misuse. Certain items are excluded from our returns policy for hygiene reasons. These items can only be returned in accordance with your legal rights and are earrings. Return of an item is at your own cost unless the item is faulty. For further details please read our Returns page.
All prices quoted on this website are accurate at the time of publication and are quoted in EUROS and, where appropriate, are inclusive of sales tax (VAT) at the current rate. If your order is being despatched to a destination outside the European Union (EU) then your sales tax will be zero. If your order is being sent to a member state of the EU then the selling price will include VAT. You will be responsible for the payment of any customs or import duties levied once the package reaches your destination country.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and contact number where applicable in order that we can complete your transactions and contact you as/if needed.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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.
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 & Conditions.
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.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER & LIMITATIONS OF LIABILITY
The information presented on this website is not a substitute for professional medical or psychological advice and care. The authors of this material do not dispense medical advice or prescribe the use of stones as a form of treatment for medical or psychological conditions. Readers should regularly consult a physician and seek professional medical advice about any physical, medical, psychological, or emotional matters that may require diagnosis or medical attention. This information is not intended to be used to diagnose, treat, cure or prevent disease. The information discussed on this website regarding the metaphysical properties of stones is intuitively derived and has not been scientifically evaluated. Readers are advised to view this information as speculative in nature, and to evaluate it in light of their own experiences. Soul Energy Designs intent is only to offer information of a general nature to help visitors who may be interested under the subject/topics of higher consciousness and well-being. In the event that you use any of this information on this website for yourself, Soul Energy Designs assumes no responsibility for your actions.
Soul Energy Designs does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Soul Energy Designs nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Soul Energy Designs or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Soul Energy Designs and any other associated company of Soul Energy Designs as if references to Soul Energy Designs included references to each such associated company.
While Soul Energy Designs uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Soul Energy Designs will not be responsible for any errors or omissions or for the results arising from the use of such information. While Soul Energy Designs takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Soul Energy Designs will not be responsible nor liable for your use of any other websites which you may access via links within this website. Soul Energy Designs does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Soul Energy Designs. The entire liability of Soul Energy Designs under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Soul Energy Designs will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Soul Energy Designs may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Soul Energy Designs.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.
We accept no liability for all and any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein, to the maximum extent permitted by law You should be aware that You use the Site and its Content at Your own risk.
COPYRIGHT AND TRADEMARK
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Soul Energy Designs or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with Soul Energy Designs; and
Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
LAW AND TERRITORY
These Terms and Conditions and your use of our website are governed by Irish law and you agree to submit to the non-exclusive jurisdiction of the Irish court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within Ireland and under Irish law. Whilst we are happy to consider requests for products and enquiries from outside Ireland, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside Ireland complies with any applicable non-Irish laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Soul Energy Design, Waterford, Ireland X91 W29C
Company registration number: 623436
© 2018 Soul Energy Designs