4 Description of Goods
4.1 Please note that the Goods which are available for rent from our Website are vintage products, and as such, are not new products. The colour and size of the Goods may vary from any description given or any image or picture of the Goods on the Website and each item may vary slightly in size, colour and appearance.
5 Cancellation by us
5.1 We reserve the right to cancel the Contract if delivery is not made to your area.
5.2 If we do cancel your Contract we will notify you by e-mail or telephone. If payment has already been made, we will refund to you the full amount paid, by the payment method used, as soon as possible but in any event within thirty (30) days of your order.
6 Cancellation by you This Term only applies if you are renting the Goods as a consumer
6.1 Your right to cancel the Contract starts from the date on which the Contract between us is formed and ends 14 days after that date (Cancellation Period). This means that during the Cancellation Period, if you change your mind or decide for any reason that you do not want to hire the Goods, you can notify us of your decision to cancel the Contract.
6.2 You acknowledge that the cancellation right provided for in Term 6.1 does not apply to contracts for Goods where the rental of the Goods is completed before the expiry of the Cancellation Period, at your request.
6.3 If the Rental Period has commenced during the Rental Period at your request, but has not completed during the Cancellation Period, you shall pay us an amount which is in proportion to the duration of the Rental Period up until the point at which you communicated your cancellation of the Contract to us.
6.4 To cancel your Contract, you just need to let us know that you have decided to cancel within the relevant timescale set out in Term 6.1. You can inform us of your decision to cancel your Contract over the telephone on 01 2812905. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
6.5 If you cancel your Contract under this Term 6, we will:
(a) refund you the price you paid for the rental of the Goods. However, please note that if the Rental Period has commenced during the Cancellation Period at your request, but has not completed during the Cancellation Period, we are permitted under law to charge an amount that is in proportion to the duration of the Rental Period up until the point at which you communicated your cancellation of the Contract to us;
(b) refund you the price you paid for delivery (unless you chose a delivery option which is more expensive than our least expensive delivery option in which case we will refund you the price up to the amount you would have paid if you would have chosen the least expensive delivery option);
(c) arrange to collect the Goods, or you may return the Goods to us at your own cost;
(d) make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel your contract.
6.6 We will refund you using the payment method used by you to pay.
7.1 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 not foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
7.2 If you use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation.
7.4 Notwithstanding the foregoing, if you enter into a Contract with us as a consumer, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8 Limit on liability
This clause only applies where you enter the Contract on behalf of a company, entity, or other organisation or business Subject to Term 7.3, our total liability to customers who are not consumers in respect of all loss, damage, actions or claims suffered or incurred by such a customer out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in aggregate, shall in no circumstances exceed the total amount of the price paid by the customer under the Contract.
9 Intellectual Property Rights
9.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
9.5 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Title to the Goods 10.1 We shall retain title to and ownership of the Goods at all times.
11 Written Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. We may contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Term does not affect your statutory rights.
12 Notices and Complaints
12.1 All notices given by you to us (including any complaints that you may have) should be sent in writing by post to Sandystream Consulting LTD T/A The Deckchair Company, Unit E2 Network Enterprise Park, Kilcoole, Co. Wicklow
12.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
12.3 Notice will be deemed received and properly served 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.
13 Transfer of Rights And Obligations
13.1 The Contract is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of your Contract with us, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of your Contract with us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Sandystream Consulting LTD t/a The Deckchair Company.
14 Events Outside Our Control
14.1 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 events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures; electrical power failures, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, acts of God; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; shortage of labour or materials; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; non-performance of third parties; loss of or fluctuations in heat, light or air conditioning; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government or foreign courts or tribunals.
14.2 Our performance under any Contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of our Contract with you, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of these Terms shall be effective unless it is expressly stated to be a waiver and it is communicated to you in writing in accordance with Term 12.1 above.
16.1 If any of these Terms or any provisions of a Contract between you and us 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.
17 Entire Agreement
17.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
17.2 You and we acknowledge that, in entering into a Contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Terms.
17.3 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
18 Law And Jurisdiction
18.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the courts of Ireland.