Terms & Conditions
1. DEFINITIONS AND INTERPRETATION
1.1. In these Conditions :
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy and any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
Product - means any product advertised on this Website;
Returns Policy – means the standard terms and conditions found herein applicable when Goods are returned to us by you and which are hereby incorporated to these Conditions.
we - means Swamp Limited, and “us” and “our” shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
Order - means an order placed by You via this Website for one or more Products;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
2. BASIS OF SALE
- 2.1 These Conditions (as updated by us from time to time) shall set out the entire agreement. No variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. You will be subject to the policies and terms in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all online purchases you make from us at any time.
- 2.2 Our employees and agents are not authorised to make any representation concerning the Goods unless confirmed by us to you in writing. In entering into a Contract you acknowledge that you have not relied on any such representations which are not so confirmed.
- 2.3 Where Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to cancel any other instalment.
- 2.4 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only.
- 2.5 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the Conditions that we have accepted we will provide you with a full refund for any money received.
- 2.6 Please click on the button to mark your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.
- 2.7 The terms and conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and conditions for sale through Swamp Shops and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through Swamp shops or elsewhere, and promotions and offers available through our shops or elsewhere shall not be valid in respect of Website purchases.
- 2.8 When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. 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 condition does not affect your statutory rights.
- 2.9 If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
- 2.10 Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
- 2.11By using this website u agree to accepting cookies. This can be disabled on your internet browser.
- 3.5 All Orders are subject to acceptance by Us and are subject to availability.
- 3.6 As there is a delay between the time you order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for out of stock items.
- 3.7 Faulty Item:
3. ORDERS AND SPECIFICATIONS
- 3.1 Your order represents an offer to purchase the Goods which is accepted by us when we issue you with written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order you warrant and represent that you are at least 18 years old and Swamp fashion Limited is entitled to rely on this representation without investigation. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.
- 3.2 If we reasonably believe you are intending to resell the Goods (whether on e-Bay or otherwise) we reserve the right to refuse your order. In the event we do accept your order we will be entitled to treat you as a commercial customer and:-
- 3.2.1 the rights afforded in clause 10 (Your Right to Cancel) will not apply;
- 3.2.2 the terms of our Returns Policy’ will be withdrawn;
- 3.2.3 we will only accept returned Goods within 14 days of dispatch if they were defective at the time of receipt;
- 3.2.4 we will charge a reasonable handling fee, which shall exclude packaging and/or delivery costs for which you shall be liable and which will be confirmed prior to your order being accepted; and
- 3.2.5 make such other amendments to these Conditions as we deem necessary and only accept an order upon acceptance of the same.
- 3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
- 3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, (1) the terms of Clause 10 (Your Right to Cancel) shall not apply; (2) you shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification; (3) We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements.
If you have received a faulty item or an incorrect order we will refund postage costs up to a maximum of the postage price you originally paid on your order.
Please send returns to:
18 Academy Street
4. PRICE OF THE GOODS
- 4.1 The price of the Goods shall be the price confirmed by us at the time the order is accepted.
- 4.2 While we try to ensure that all prices in our catalogues and on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will endeavour to make reasonable efforts to inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
- 4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and you will be entitled to receive a full refund.
- 4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
5. TERMS OF PAYMENT
- 5.1 Please see our Payment Options for our terms of payment.
- 5.2 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the Contract or suspend further deliveries to you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above Barclays Bank Plc base rate from time to time from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
- 5.3 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
- 5.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Swamp will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from the catalogue or our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Acts 1988 and 2003.
- 6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We offer next day delivery on all orders placed before 1 pm Mon – Thurs, orders placed on Friday or on weekends (including bank holidays) are shipped the next working day.
Ireland & Northern Ireland
- €3.95 next day delivery (free on orders over €50
-€6.00 2-3 working days
- €10.00 2-5 working days
USA & Canada
-€12.00 2-5 working days
Australia & New Zealand
- €15.00 5-8 working days
Rest of World
-€20.00 2-12 working days
Track Your Order:
To track your order, simply enter your order no in the link below:
- 6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
- 6.4 We reserve the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
- 6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
- 6.6 You will be liable for all customs requirements and duties arising for delivery of Goods outside the Republic of Ireland. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all loss, damages, costs and expenses awarded against or incurred by us in connection with such claim.
7. RISK AND PROPERTY
- 7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
- 7.2 Notwithstanding delivery and the passing of risk for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
- 7.3 Until such time as the as the property in the Goods passes to you and where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
8. WARRANTIES AND LIABILITY
- 8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and the EU Unfair Contract Terms Regulations) add extra regulations here, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
- 8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Protection Act 2007) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from the National Consumer Agency.
- 8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
- 8.4 We hope you would be satisfied with your purchase, however if you’re not you can return your item(s) to swampfashion.com within 14 days of receipt of your order. Item must be returned within this timeframe and be in a saleable condition. Items must be returned with all original tags attached and in original packaging. We do not accept any soiled/damaged stock. Once we have received the item we will consider the condition of goods being returned before authorising the refund (delivery fee excluded). The refund can take up to 14 days after we have received the item. The cost of returning the item to us is your responsibility unless the item is faulty.
- 8.8 Unfortunately swamp stores do not offer refund or exchange on any swampfashion.com purchases. You will need to return the unwanted item to swampfashion.com, 18 Academy St, Cork, Ireland. We are sorry for any inconvenience this may cause you.
- 8.9 We do not offer an exchange. All items returned within the current time frame will receive a refund. If you need an item in a different size/colour simply place a new order.
- 8.10 Unfortunately Swamp stores do not offer refund or exchange on any swampfashion.com purchases. You will need to return the unwanted item to swampfashion.com. We are sorry for any inconvenience this may cause you
- 10.1 If for any reason, you wish to cancel any order you have placed and it has not been dispatched please contact firstname.lastname@example.org
- 8.5 Subject to clause 8.6 and clause 8.7, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.
- 8.6 Subject to clause 8.7, neither of us shall be responsible for losses that result from our failure to comply with these Conditions which fall into the categories of loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data, any waste of time. However, this clause 8.6 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
- 8.7 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 26 of the Sale of Goods and Supply of Services Act 1980 and defective products under The Liability for Defective Products Act 1991 or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- 9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.
- 9.2 These Conditions do not purport to confer a benefit on any third party.
- 9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
- 9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
- 9.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
- 9.6 The Contract and these Conditions shall be governed by the laws of the Republic of Ireland, and you agree to submit to the exclusive jurisdiction of the Irish courts.
- 9.7 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by Swamp, and may not be reproduced without the express consent of Swamp.
- 9.8 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.
- 9.9 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. YOUR RIGHT TO CANCEL
11. EFFECTS OF CANCELLATION
- 11.1 If you cancel any order, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (for example wear and tear or damage). You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
- 11.2 We will make the reimbursement without undue delay, and not later than
- (a) 14 days after the day we receive back from you any Goods supplied, or
- (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
- (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
- 11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- 11.4 You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the relevant order to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
- 11.5 You will have to bear the direct cost of returning the Goods.
12. MY ACCOUNT
- 12.3 We reserve the right to suspend your account with immediate effect should we reasonably believe that you have breached our Terms and Conditions of sale and we shall be under no duty or obligation to justify or provide a reason for our decision.
- 13.3 Comments and Complaints Procedure:
13. CUSTOMER SERVICES
- 13.1 In the unlikely event of an error with your parcel, you must notify us with 48 hours of receipt of the parcel. If there is an error with your parcel or its contents, we will send you a letter for you to sign and return to confirm the error with your parcel or its contents; once this is received we will investigate the issue and resolve.
- 13.2 You must notify us within 14 days of placing your order if you have not received your parcel.
Please contact us if you have any comment or complaints on email@example.com
- 13.4 Swamp fashion is a company registered in the Republic of Ireland.
- 14.1We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
- 15.1 Swamp Shop online requests for information to what is required to ensure accurate service. Most of the information we collect is very basic and is needed to complete a purchase or provide a refund.
- 15.2 There are times when you may provide information to us voluntarily. This occurs when you provide your feedback to us though e-mails, return forms, letters or telephone calls. We use this information to respond to your query and to keep track of customer feedback.
- 15.3 We endeavour to ensure that we have no personal information about customers that is not absolutely necessary in order to provide them with excellent service.
16 Contact Us
Online queries please email: firstname.lastname@example.org
Telephone No: 021 4251773
Mon – Friday 9am – 1pm, 2pm to 5pm (excluding bank holidays)
By Post: Swampfashion.ie
12 Paul's Avenue, Cork, Ireland
17 Our Stores:
Swamp Mahon Pont – Unit 32 Mahon Point S.C. Mahon Point.Cork.Ph.021 4359198
Swamp Wilton –Unit 52 Wilton S.C. Wilton. Cork. Ph. 021 4340901
Swamp Tralee - 7/8 Abbeycourt.Talee.Co.Kerry. Ph. 066 7199010
Swamp Waterford – 30 Broad St. Waterford. Ph. 051 870387
Swamp Crescent – Unit 20-21 Cresent S.C.Limerick. Ph. 061 484605
Swamp Galway – Eyre Sq S.C. Galway. Ph. 091 538121
Swamp Castlebar – Cavendish Lane,Castlebar. Ph.094 9044654
Swamp Athlone – Unit 31 Golden Island S.C Athlone. Ph.0906 450612