These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
- INFORMATION ABOUT US
1.1 We operate the website www.havanasun.ie . We are Havana Sun, a company registered in Ireland, with address Unit 3, Austin Friar Street, Mullingar, Co. Westmeath.
1.2 To contact us, please see our Contact Us page or call +353 831538470
- OUR PRODUCTS
2.1 Our Products are not medicines or medical in nature. Under no circumstances are our Products intended to diagnose, treat, cure or prevent any disease, medical condition or illness. If you are taking medication, we advise that you speak to your doctor first before taking any of our Products.
2.2 The images of the Products on our site 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 accurately reflect the colour of the Products. Your Products may vary slightly from those images. We also reserve the right to change the colour and design of our Products as compared to those depicted on our site.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
- USE OF OUR SITE
- HOW WE USE YOUR PERSONAL INFORMATION
- CONSUMER RIGHTS
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice office. Nothing in these Terms will affect these legal rights.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 For the steps you need to take to place on order on our site, please see our Buy Products Online page.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 changes in our commercial practices.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the The Competition and Consumer Protection Commission (CCPC) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available at The Competition and Consumer Protection Commission (CCPC).
8.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 To cancel a Contract, please contact our shop by telephone line +353 083 1538470 (Call charges vary according to service provider) or by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
8.4 You will receive a full refund of the price you paid for the Products and delivery charge.
8.5 We will process the refund due to you as soon as possible once the Products have been returned to us (if such Products have in fact been delivered to you) and in any case, regardless of whether the Products have been delivered to you or not, within 30 calendar days of the day on which you gave us notice of cancellation (as described in in clause 8.3). If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you via PaymentSense on the credit card or debit card used by you to pay.
8.8 If the Products were delivered to you:
8.8.1 you must return the Products to us as soon as reasonably practicable;
8.8.2 unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If you fail to return the Products to us we will charge you for the direct costs we incur in having to collect the Products from you;
8.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. We therefore require that you;
220.127.116.11 take care when you open any packaging so that you can return the Products with their original packaging;
18.104.22.168 do not break any hygiene seal that appear on any of the Products you receive. If you do then we cannot accept the return of such Product unless it is faulty or not as described (in this case, see clause 8.6) ; and
22.214.171.124 wrap the Products securely and include the Returns Form sent to you, ensuring that the Products are adequately protected against damage;
8.8.4 if you fail in your duty to take reasonable care of the Products before they are returned to us, and this results in damage or deterioration, we will take such action as we are entitled to for the breach by you of your duty.
8.9 We cannot be held responsible for non-delivery of any Products you return to us.
8.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
8.11 Products returned to us must have been purchased directly from our site.
8.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens Advice Office.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. We aim to deliver within 2-3 working days.
9.2 Delivery will be completed when we (or our appointed courier) deliver the Products to the address you gave us. Please note, we will not check or verify the address given by you when you place your order.
9.3 If no one is available at your address to take delivery, our designated courier will leave you a note, in which case, please contact the courier as advised on the note to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time and are identified at the time you place an order.
10.5 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that 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 Products to you at the incorrect (lower) price.
- HOW TO PAY
11.1 You can pay for Products using a debit card or credit card via PaymentSense. We use the services of PaymentSense to receive and send payments to our customers.
11.2 Payment for the Products and all applicable delivery charges is in advance.
- OUR LIABILITY IF YOU ARE A CONSUMER
11.1 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 these 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 the Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 12.2).
12.2 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of any product warranty we may provide from time to time, but we and you will not need their consent to cancel or make any changes to these Terms.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4 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.
13.5 Please note that these Terms are governed by Irish law.