1.1 This web site is operated by Home and Build Magazine Ltd, a registered business in the Republic of Ireland and having its place of business at The Loft, Main Street, Newcastle, Dublin 22 Y9H7.
2: Ordering and Purchase
2.1 The price of the Product, and the procedures for ordering, payment and delivery are displayed on this web site. You must pay by credit, cheque or debit card at the time of order. The price of the Product is the price in force at the date and time of your order. We may change the price of the Product before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 2.2 below). We will inform you if the Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. At all times full payment, including shipping fees are required for work to begin on your order.
2.2 Home and Build Magazine Ltd is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
2.3 You undertake that all details you provide to us when ordering the Product will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product involved. We reserve the right to obtain validation of your credit details before providing you with a copy of the Product.
3.1 You may return the Product you have purchased within 14 working days of delivery for a full refund on the condition that it is registered with in 24 hours of receipt of product. Should the product contain defects or not match the product chosen, we will offer you a full refund. We maintain the right to judge what a manufacturing error and defect is. You must arrange for and pay the costs of returning the Product to the vendor.
3.2 If you have any queries or complaints, you should direct them to us via e-mail at email@example.com or by post to Home and Build Magazine Ltd, The Loft, Main Street, Newcastle, Dublin 22 Y9H7
4.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify Home and Build Magazine Ltd immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention.
5: Applicability of Online Materials
5.1 This web site is controlled and operated by us from our office in The Loft, Main Street, Newcastle, Dublin 22 Y9H7. Where content published on this web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with Home and Build Magazine Ltd is published in good faith but Home and Build Magazine Ltd does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the Product you purchase]. [You assume total responsibility and risk for your use of this web site and use of all information contained within it.] 5.2 Home and Build Magazine Ltd has used all reasonable endeavours to ensure that this web site complies with Irish law. However, we make no representations that the materials on this web site are appropriate or available for use in locations outside the Republic of Ireland.
5.3 Home and Build Magazine Ltd makes no warranties, expressed or implied, that making the Product available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Product or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Product is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Product. Home and Build Magazine Ltd accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.
6: Copyright and Monitoring
6.1 The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Home and Build Magazine Ltd or other third party licensors. All product and company names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners, including Home and Build Magazine Ltd. You may download material from this web site for the sole purpose of placing an order with Home and Build Magazine Ltd or using this web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without Home and Build Magazine Ltd’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
7: Linked Sites
7.1 Home and Build Magazine Ltd makes no representations whatsoever about any other web sites which you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from Home and Build Magazine Ltd and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Home and Build Magazine Ltd endorses or accepts any responsibility for the content, or use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
8: Availability of the Web Site
8.1 We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this web site and in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.
9.1 Home and Build Magazine Ltd warrants that Products purchased from us will be free from defects in materials and workmanship under normal use for a period of ninety days. Home and Build Magazine Ltd excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this web site or any information or service provided through this web site. Home and Build Magazine Ltd will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an “as is” basis.
9.2 In relation to the purchase of the Product, Home and Build Magazine Ltd accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct of indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this web site or its contents other than as a direct result of purchasing a copy of the Product, we accept no liability for this loss or damage (except where Home and Build Magazine Ltd has been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of Home and Build Magazine Ltd or its servants, agents or any other person).
9.3 If Home and Build Magazine Ltd is liable to you for any reason, Home and Build Magazine Ltd’s liability will be limited to the amount paid by you for the copy of Product concerned.
9.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with this web site. [You also understand that Home and Build Magazine Ltd cannot and do not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.5 The customer will indemnify and hold harmless the printer, Home and Build Magazine Ltd , from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the printer on the grounds alleging that said printing violates any copyright or any proprietary right of any person. You certify that you own the rights to use the image(s) being reproduced on your order.
9.6 The limitations and exclusions in this paragraph 9 only apply to the extent permitted by applicable law.
10.1 Home and Build Magazine Ltd may assign, novate or subcontract any or all of its rights and obligations under these terms and conditions at any time.
10.2 Home and Build Magazine Ltd may alter these terms and conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the terms and conditions on this web site regularly.
10.3 These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and Home and Build Magazine Ltd . You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Home and Build Magazine Ltd or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions.
10.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.5 These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.
10.6 Neither you nor Home and Build Magazine Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond your or Home and Build Magazine Ltd’s respective reasonable control.
10.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
Collection of Personal Data
11.2 If you identify yourself by submitting customer information forms to purchase products in the Online Shop we will use such other information as may reasonably be required to complete the transaction, including your name, e-mail address, contact telephone number, credit card type, full name as displayed on the credit card, credit card number and expiry date, delivery address and the items you require.
11.3 We may use the personal and payment information provided by you for our internal business purposes. Also, in order to provide the Online Shop service, it may be necessary that we also forward certain personal and payment information provided by you to third party banking and credit institutions or fulfilment partners and other intermediaries. We may also disclose your information where permitted or required by law. Your continued use of the service constitutes your consent to such disclosure of information.
Submitting Your Credit Card Number
11.4 When you submit your credit card number to purchase Products from the Online Shop, we use the Realex payment processing system. This secure server software (SSL) encrypts the credit card information you submit before it is sent to us. This helps assure that the information is protected against unauthorised access. We do not have access to credit card information for online purchases made through our Online Shop. We may also implement our own security procedures designed to prevent fraud.
We reserve the right to amend and update security procedures without notification.
11.5 Notwithstanding the above security procedures, you should be aware that there are certain risks associated with Internet communications and credit/debit card use over which we have no control. We expressly disclaim, in so far as legally permissible, responsibility for any loss or damage arising out of the loss or delay of transmissions between us and you. In respect of any other loss or damage caused, our liability to you shall not, to the fullest extent permissible under applicable law, exceed the value of products and services purchased. We recommend that you maintain some form of credit/debit card insurance/card protection scheme and in the event of loss, theft or unauthorised use of your credit/debit card you notify your credit/debit card provider in accordance with its standard terms.