| PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our
site you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms and conditions carefully, and
check them periodically for changes. If you do not agree to the terms and
conditions, you should not review information or obtain goods, services or
products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined
in this Terms and Conditions of use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to
the Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials. You
agree to abide by all relevant laws and statutes under Irish Law.
3. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own personal
use and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content, form
or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
4. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to
users of the Site.
5. Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorneys fees, related to your violation of this Agreement or
use of the Site.
6. Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable and may only be used by you.
7. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
8. Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you pay for any goods,
services or information.
9. Use of Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
10. Third-Party Services. We may allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise
obtain certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into
between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
11. Privacy Policy. Our Privacy Policy can be found on our website, it may
change from time to time and is a part of this Agreement.
12. Links to Other Web Sites. The Site may or may not contain links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
13. Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and
shall not be subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and hereafter
existing rights of every kind and nature regarding the Submissions and
shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
14. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE
SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE RELEVANT COURT OF IRELAND. YOU ARE EXPRESSLY SUBMITTING
AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING
IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SAID COURT IS AN
INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site
is created and controlled by Cornucopia. As such, the laws of Ireland will
govern the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of conflicts
of laws.
Gift Card Terms and Conditions
Giftcards can be purchased on cornucopia's online store. When purchased online, your name, address and bank card details will be requested. Giftcards purchased are redeemable in full or part payment for merchandise from cornucopia. These Giftcards cannot be redeemed online.
This Giftcard may not be exchanged for cash or vouchers.
No change will be given but the balance may be applied to future purchases. Transactions that exceed the remaining Giftcard balance are prohibited and may be declined at the point of sale unless another form of payment is offered to make up the difference for the merchandise.
Cornucopia cannot be held liable for Giftcards, once purchased, which are subsequently lost, stolen or damaged. Replacement Giftcards and/or refunds will not be issued in such an event.
Cornucopia reserves the right to amend these terms and conditions from time to time where it reasonably considers it necessary to do so (e.g. to change the scope of the Giftcard service, notify of the service's withdrawal or in the event of circumstances beyond its control).Reasonable notice of such changes will be given where possible.
Cornucopia makes no warranties, express or impled, with respect to Giftcards, including without limitation, any express or implied warranty of merchantability or fitness for particular purpose. In the event of a Giftcard's non-function, Cornucopia's sole liability, shall be the replacement of such Giftcard.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).
These terms and conditions are subject to Irish law and the exclusive jurisdiction of the Irish courts.
Changes After Placing an Order
Unfortunately, at this time, we do not accept changes to orders after they have been placed. Therefore, please be sure that your order is correct before confirming your order.
Accuracy
We endeavor to display accurate pricing, product descriptions & information, images, and availability as of the time that the information is submitted for display onto the website. However, because of lighting differences and differences with monitors, the actual colour of the products you receive may differ from what you see on screen. In addition, information can occasionally be entered erroneously on the system. In this case, we reserve the right to correct information, such as prices and promotions, which have been published on the Cornucopia site. Information about sizing is as accurate as possible.
Promotions
From time-to-time we may offer certain online promotions which may apply to certain items purchased on the website. The conditions relating to the discounts offered through those promotions will be specified at the time of issue.
We sometime run online promotions that are not available in our retail store, and we run other promotions in-store that are not available online. Unless stated explicitly on the website, in-store promotions are not valid on the website, and visa versa.
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