WEBSITE TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services ("Service" or "Services") listed on our website www.delicieuxshopper.com ("our site") to you. Please read these terms and conditions carefully before using any of the Services available on our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use any services available on our site.

1. INFORMATION ABOUT US

www.delicieuxshopper.com is a site operated by Enova Software Limited ("we"). We are registered in Ireland under company number 416685 and with our registered office at 158 Crosbies Yard, Ossory Road, Dublin 3, Ireland. Our main trading address is 158 Crosbies Yard, Ossory Road, Dublin 3. Our VAT number is 6436685U.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the Serviced Countries (Ireland, United Kingdom, Rest of Europe and United States of America). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.

3. YOUR STATUS

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries;
(d) You are accessing our site from that country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy our Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service provision has commenced (the "Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.

5. OUR STATUS

Please note that when we purchase products on your behalf from third party sellers, we are acting as your agent. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. CONFIRMATION OF PURCHASE

Once we have purchased the product(s) for you we will send you a confirmation email ("Purchase Confirmation") advising you of the product(s) which have been purchased together with the price of any such product(s) and the associated delivery costs. On receipt of the confirmation email you must indicate whether you wish to proceed with the purchase by ticking the appropriate box. If you decide to proceed with the purchase you will be required to make the final payment in respect of the transaction which will be the cost of the product(s) purchased and the delivery costs. We will then dispatch the product to you.

7. CONSUMER RIGHTS

You hereby agree that once we send you the Order Confirmation, we may begin performance of the services. In circumstances where performance of the services has begun the implied condition that a consumer has a period of 7 working days in which to cancel the contract will no longer apply and the Service Fee will not be refundable. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS.

8. AVAILABILITY AND DELIVERY

Please note that we can only purchase products that are readily available at the Retail Outlets which we use. As such our Services do not include the purchase of products which are difficult to source due to their exclusive nature. If we are unable to source your selected item we will contact you by email immediately and endeavour to source an alternative. If we are unable to source an alternative we will return the Service Fee paid by you. Once the product(s) have been dispatched we will send you a dispatch confirmation email("Dispatch Confirmation"). Where practical, we will endeavour to deliver the product(s) to you within 3-5 days of you making the final payment for customers resident in Ireland and the UK and within 10 days of you making the final payment for customers living outside of those areas. However the product(s) are subject to availability and delays may sometimes occur that are out of our control. If delivery is delayed for more than 30 days of the date of the Order Confirmation, you have the right to contact us and refuse to accept the product(s). In these circumstances, we will refund any money paid by you for those product(s) and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those product(s). At the time of delivery you may be required to validly sign-off on the delivery of the products, after which time the product(s) become your sole responsibility.

9. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges.

10. PRICE AND PAYMENT

The price of our Services will be as quoted on our site from time to time, except in cases of obvious error. When you place an order with us you will be required to pay the service fee (the "Service Fee"). The Service Fee includes VAT, the costs of purchasing the product and the delivery costs. Payment for all Services and Products must be by credit or debit card. We accept payment with Visa, MasterCard and Laser. We will charge your credit or debit card in respect of the Service Fee immediately upon sending you the Order Confirmation. We will not charge your credit or debit card in respect of the product(s) purchased until we receive confirmation that you wish us to despatch the product(s).

11. OUR REFUNDS POLICY

All purchases of products will be made from reputable retail outlets which will have their own returns policies. Due to the fact that such policies may vary, we will notify you of the returns policy for the outlet from which we have purchased your products at the time of sending you the Purchase Confirmation. If you wish to return any product(s), you must inform us in writing and return the products to us in the same condition in which you received them, and at your own cost and risk to be received by us at least two working days prior to the expiration of the allowed period under the returns policy notified to you. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Please note that if you choose to return any of the product(s) the Service Fee will not be refundable unless the product(s) are defective. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12. OUR LIABILITY

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product(s) which we purchased for you and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

13. IMPORT DUTY

If you order product(s) from our site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.

15. NOTICES

All notices given by you to us must be given to Enova Software Limited at 158 Crosbies Yard, Ossory Road, Dublin 3, Ireland or info@delicieuxshopper.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 e-mail was sent to the specified e-mail address of the addressee.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. EVENTS OUTSIDE OUR CONTROL

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 ("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) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract 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 bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract 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.

20. ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

21. TERMINATION

We may at any time terminate or suspend any part of the Service without notice to you.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the product(s)).

23. LAW AND JURISDICTION

The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.