Terms and Conditions
TERMS AND CONDITIONS OF USE – www.magicdepot.ie
This website is owned and operated by
KMS CONCEPTS Ltd.
UNIT 15A , TOGHER INDUSTRIAL ESTATE,
CORK T12 R201,
REGISTER VAT No. IE 3236045SH
Please read this agreement carefully before using the www.magicdepot.ie website (“Website”). They represent the terms and conditions (“Terms”) for using and placing orders on the Website. Using our Website indicates that you accept the Terms. If you do not agree to these, then do not use our Website. You are permitted to use our Website solely on the basis of these Terms. Irish Gold & Silver Bullion Limited reserve the right, at our discretion, to update and/or revise these Terms. Please check periodically for changes.
NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
THIS IS AN AGREEMENT BETWEEN YOU AND Irish Gold & Silver Bullion Limited
In these Terms, the following words and phrases will have the following meanings: “Order” means a purchase order issued by you to us in accordance with these Terms in respect of Products; “Products” means the products which we supply in accordance with these Terms; “Order” means a purchase order in respect of the Products issued by you to us.
KMS CONCEPTS Ltd.
2. USE OF THIS WEBSITE
2.1. So long as you do so in accordance with these Terms, you may view and download our Website for your personal use only. However, you must note that we may change, suspend or discontinue the Website or the provision of Products under the Website at any time, including the availability of any feature, database, or content. KMS CONCEPTS LTD may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
2.2. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
3. REGISTRATION & SECURITY
3.1. To participate in the www.magicdepot.ie online service, to place Orders and to receive Products via the Website, you must:
- be 18 years of age or over;
- complete our registration procedure in which you will need to provide us with personal details needed to process your order.
3.2. You must ensure that the details which you provide during registration or at any time after registration are correct and complete.
3.3. You must inform us immediately of any changes to the information that you provided when registering by contacting us.
4. PRICES & PAYMENT
4.1. The prices which you must pay for the Products that you Order are set out on the summary page at the time of check-out, except where we discover an error in the price of the Products you have ordered. In this event, we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
4.2. We will delay dispatch until receipt of cleared funds.
5. ORDER & ACCEPTANCE
5.1. You may place Orders either (i) using the online process for ordering Products via the Website; or (ii) by calling our Customer Services by telephone on 021 484 06 36
5.2. When you place an Order with us, we need to obtain various details from you so that we can process your Order. You must ensure that the details which you provide each time you place an Order are correct and complete.
5.3. Once you have placed an Order to purchase a product from the Website you will receive an e-mail regarding the status of your order.
5.4. Your Order is an offer to purchase Products from us, which is subject to our acceptance in accordance with these Terms. Our acceptance of your Order and the completion of the contract between you and us will take place upon dispatch to you of the Products ordered.
5.5. Therefore all Orders are subject to verification, us receiving payment and also stock availability.
5.6. If the Products ordered are not available, you will be notified by our Customer Services department using the contact details you have provided and you will have the option either to (i) wait until the Products are available from stock; or (ii) cancel your Order.
5.7. Any offers for Products at discounted prices or with additional loyalty rewards, detailed on the Website, may be made available from time to time for you to Order (subject to our acceptance) for a limited period of time as stated in that offer.
6.1. Delivery will be made to the address specified by you when you place your Order. We cannot deliver to P.O Box addresses.
We can not deliver pallets to private houses.
6.2. We will do our best to deliver orders within 45 working days. However, we cannot be held responsible for ensuring stock of each specific Product is available at all times or for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control.
6.3. The Delivery fee applicable to your specific order will be set out clearly in the checkout process.
6.4. Ownership of the Products you Order on the Website shall pass to you on delivery provided that we have received the full value for such Products.
7.1 The right to cancel under the Distance Selling regulations does NOT apply because the goods we supply are dependent on fluctuations in the financial market and are therefore exempt from the right to cancel.
8.1. We take the protection of customers’ personal information very seriously all information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
8.2. You agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
8.3. Your email address is essential in order for us to be able to supply you with important information such as order confirmations and changes to the service. By registering with irishgoldbullion.ie, you accept that your email address may be used to supply you with such information.
8.4. As part of your registration you may receive newsletters or updates from time to time. Please note these communications would only be from www.magicdepot.ie and rest assured we would never share your details with a third party. If you would like to opt out of receiving these occasional emails call or email us directly and we will action this for you. Unsubscribing from our newsletter will not affect your ability to receive your order confirmation emails and will not affect your online account status.
9.1. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
9.2. In the absence of any negligence or breach of duty by us, your use of any of the Products other than in accordance with their instructions is entirely at your own risk.
9.3. You will be responsible for all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website, or from your use/misuse of the Website or the use/misuse by any person for whom you are responsible or from your violation of the Terms.
9.4. KMS CONCEPTS LTD warrants that it will provide the Products with reasonable skill and care, within a reasonable time, and substantially as described in these Terms. KMS CONCEPTS LTD does not make any other promises or warranties about the provision of the Products.
9.5. KMS CONCEPTS LTD cannot assume any liability for:
9.5.1. any viruses or any other disabling features that affect your access to or use of the Website;
9.5.2. any incompatibility between the Website and other websites, services, software and hardware;
9.5.3. any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website;
9.5.4. any modification, suspension or discontinuance of the Website.
9.6. If either you or we are in breach of the arrangements under these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an Order.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The content of the Website is protected by copyright, trade mark, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from KMS CONCEPTS LTD.
10.2. No licence is granted to you in these Terms to use any trade mark of KMS CONCEPTS LTD or its affiliated companies.
11.1. KMS CONCEPTS LTD shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
11.2. A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.3. These Terms are subject to Irish law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Republic of Ireland.
12.1. If you have any queries please contact Customer Services by telephone on 021 484 06 36 from Monday to Friday – 9am to 4pm and Saturday 9am to 1pm or by email at firstname.lastname@example.org We will make every effort to reply to you within 24 hours (Monday – Saturday).