GENERAL TERMS AND CONDITIONS

Trade

BETWEEN:

The company hereinafter referred to as “the online-store of HEIDI HIGGINS” is a sole-trading business entity, which is responsible for the creation, manufacturing and distribution of products under the ‘Heidi Higgins’ Label, the business is registered in Ireland and is submitted to local and European legislation. Online-sales are subject to European legislation and agreements. ‘The online-store of HEIDI HIGGINS’ has its registered headquarters at 42, Grattan Street, Portlaoise, Co Laois, Ireland Co Registration No. 481758

VAT N°: IE7697441J

AND

All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by HEIDI HIGGINS (hereinafter referred to as “the Customer”) and carries out a purchase of a Product on the Site.

For the purposes hereof, it is agreed that the Customer and ‘the online-store of HEIDI HIGGINS’ will collectively be called the “Parties” and individually the “Party”. These general conditions, (hereinafter referred to as the “General Terms and Conditions for Sales”), governs unrestricted sales of the Products carried out by ‘the online-store of HEIDI HIGGINS’ from the Site.

‘The online-store of HEIDI HIGGINS’ reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in effect on the Site on the date that the Customer places an order; understanding that any order of a Product placed on the Site, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.

Article 1. Object

These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by ‘the online-store of HEIDI HIGGINS’ to the Customer. They deal with the different steps in the sales progress from the moment the Customer places their order.

Article 2 . Products

Products offered for sale by ‘the online-store of HEIDI HIGGINS’ are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will include a description, which, in addition to photography, includes: price, availability of sizes and colours, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colours of the screen of the computer of the user.

Article 3 . Price

The prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the IRISH territory on the day that the order is validated.

The prices applied are those given on the Site and confirmed when the Customer confirms their order.

The delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products.

The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed.

We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.

Article 4 . Order and payment of the Products

• 4.1 Placing an order

The Customer completes their order by filling in the following 5 steps:

Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and colour.

Step 2: The Customer may check the contents of their basket by clicking on the basket symbol at the top right-hand side of the website. The Customer may change their order (Product, size, quantity). The total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs.

Step 3: Once the order has been checked and, if necessary, changed, the Customer continues to  finalise the order however if the Customer has a promotion code, reserved for best Customers, they must enter it in the space provided, in order to take advantage of this promotion then the final step to validate the order is taken by clicking ‘proceed to checkout’. (It is important to note that discount codes may have expiry dates, maybe restricted to certain collections, one transaction per person, can exclude sale items, delivery charges and cannot be used in conjunction with other promotions or gift vouchers).

Step 4: Input by the Customer for delivery and billing details.
It is necessary that all the fields
are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.

Step 5: Input of banking details.
The Customer will then have to choose a payment method which will be either PayPal or Stripe.

If the customer chooses PayPal they will be redirected to the PayPal payment gateway where they can complete the purchase through their PayPal account.

OR

If the customer chooses Stripe they can pay using Visa, Mastercard or American Express credit card. To do so they need to click continue to payment and fill out their card details to complete the order.

• 4.2 Confirmation of the order

As soon as the payment is accepted, the Customer will receive an email confirming their order, summarising the articles ordered, the total value ordered and the delivery address.

The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email ‘the online-store of HEIDI HIGGINS’, following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.

The Customer having placed an order has the possibility to print the order confirmation. “The online-store of HEIDI HIGGINS” reserves the right to not validate an order in the case of:

  • abnormal or abusive claims,
  • abnormal orders with regards to the quantities ordered,
  • abnormal or abusive exchanges or returns,
  • existing litigation with the Customer.

‘The online-store of HEIDI HIGGINS’ is available for all questions relating to the Customers order. The Customer service team is available by email sales@heidihiggins.com, and by telephone +353 (0)578680680, Tuesday to Friday from 10h to 18h.

• 4.3 Payment

The price of the Products purchased are payable in full on the day that the Customer places the order. The payment is carried out online with Paypal or Stripe at the time when the order is confirmed by the Customer.

In the case of non-payment, an incorrect address or any other problem with the Customer’s account, “the online-store of HEIDI HIGGINS” reserves the right to block the Customers order until the problem is resolved. In the case of fraudulent use of her/his credit card on the Site, the Customer is invited to contact HEIDI HIGGINS at the following number: +353 (0)578680680, Tuesday to Friday from 10h to 18h or by email at the following address: (sales@heidihiggins.com).

The transactions carried out on the Site are secured by the payment partners of ‘the online-store of HEIDI HIGGINS’ by PayPal or Stripe.

• 4.4 Filing of an order

The confirmation of an order is registered on the records of “The online-store of HEIDI HIGGINS”, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.

Article 5 • Delivery

The next working day following the payment for the order, ‘the online-store of HEIDI HIGGINS’ will arrange delivery.

ROI – €10 (please allow up to 4 working days)

Europe – €20 (please allow up to 5 working days)

Rest of the world – €30 (please allow up to 10 working days)

During local national holiday periods delivery times may change, courier delays may also affect delivery times.

Estimated delivery times are guidelines only and start from date of dispatch. You will be notified by email from our customer service team when your order has been dispatched and provided with a tracking number for your order. All deliveries require a signature upon receipt.

In the case where the delivery delay is exceeded, and not justified by a force majeure, the Customer may request a cancellation of the sale and obtain a refund within a maximum delay of thirty (30) days.

For orders outside of Ireland, when the exported package reaches its destination, the recipient must pay the taxes or customs duty that apply to the country of destination. Local authorities can provide this information.

Article 6 • Receipt of the order – Claims – Returns

The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as:

  • damaged package,
  • missing products,
  • damaged products
  • products non compliant to the order,

must be addressed within legal delay after receipt of order.

This notification will be conveyed to ‘the online-store of HEIDI HIGGINS’ Customer service team by: email to (sales@heidihiggins.com).

After this delay, and apart from hidden defects, no claim will be accepted by ‘the online-store of HEIDI HIGGINS’ as the Products are therefore considered to be conform.

To return non-conform products, the Customer must respect the following procedure:

To cancel a contract and return a non-conform product, you will need to let us know about the non-conform product before you are sending the product back. Please send an email to: sales@heidihiggins.com  and furnish us with the following information: your name / order number/ address as it appeared on your order a short notice that you wish to cancel the order describing briefly the goods, the date, when ordered and the date when the goods were received.

Please send your cancellation notice within 7 days otherwise a cancellation is no longer possible. Your cancellation is effective from the date you send us the e-mail and once we have received this email, we will in turn confirm the cancellation. You will find a return form available to be completed and to be sent enclosed with the product to be returned when you receive the cancellation acceptance.

Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address:

The online-store of HEIDI HIGGINS,

42. Grattan Street, Portlaoise, Co. Laois

R32HR62 IRELAND

  • The Customer is liable for the risks and costs for the return of the Products. When the non-conformity is acknowledged, ‘the online-store of HEIDI HIGGINS’ will propose to the Customer either:
  • The replacement of the Product/s, at the expense of ‘the online-store of HEIDI HIGGINS’, or
  • The refunding of the order (Product price and delivery cost) as well as the expenses incurred for the return of the non-conform Product, within a delay of fourteen (14) days from the date that the notification confirming the non-conformity was sent by ‘the online-store of HEIDI HIGGINS’ Customer service.

In the case of a refund, ‘the online-store of HEIDI HIGGINS’ assures to refund in full the products returned, including shipping charges with the exception of the taxes and custom duty paid by the Customer for the delivery. In the case of abnormal or abusive claims, Heidi Higgins may refuse to accept future orders.

Article 7 • Right of withdrawal

The Customer has, within a period of fifteen (14) working days from the date of receipt of their order to return the Products, without any justification or penalty.

For all returns within the context of the right of withdrawal, the procedure below must be completely respected:

To cancel a contract, you will need to let us know that you have decided to cancel before you are sending the product back. Please send an email to: sales@heidihiggins.com  and furnish us with the following information: your name / order number/ address as it appeared on your order a short notice that you wish to cancel the order describing briefly the goods, the date, when ordered and the date when the goods were received.

Please send your cancellation notice within 7 days otherwise a cancellation is no longer possible. Your cancellation is effective from the date you send us the e-mail and once we have received this email, we will in turn confirm the cancellation. You will find a return form available to be completed and to be sent enclosed with the product to be returned when you receive the cancellation acceptance.

Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address:

The online-store of HEIDI HIGGINS,

42. Grattan Street, Portlaoise, Co. Laois

R32HR62 IRELAND

The Customer is liable for the risks and costs for the return of the Products.

Subject to the conditions stated above, ‘the online-store of HEIDI HIGGINS’ will refund the total amount of the order including tax, excluding shipping costs to the Customer and not including the return costs. The Customers bank account will be credited if paid by Stripe or their PayPal account will be credited if the PayPal gateway was used to purchase the order with the said amount, within thirty (30) days from the date when ‘the online-store of HEIDI HIGGINS’ receives the Products.

Article 8 • Personal Data

‘The online-store of HEIDI HIGGINS’ collects certain information that is necessary for the processing of the orders. This data is not only necessary for the processing of the Customers order by ‘the online-store of HEIDI HIGGINS’, but also to convey to the Customer information on the Heidi Higgins brand name on the Site, or to allow them to take advantage of HEIDI HIGGINS promotions; if the Customer agrees when confirming their order.

The information is strictly confidential to ‘the online-store of HEIDI HIGGINS’ and / or its contractors as part of the management of the Customer’s order. Following any injunction or in order for legal authorities to defend its rights, or those of its employees, customers or anyone else, ‘the online-store of HEIDI HIGGINS’ may disclose such data to organisations and legal authorities entitled to this information.

‘The online-store of HEIDI HIGGINS’ is committed to taking all precautions to ensure the security of its files and to protect its computer system, and to prevent the information of the Customer being distorted, damaged or a non-authorised third party having access to this information.

The Customer may exercise their right for their information to be deleted by writing to the following address or email address, stating their name, email and mailing address:

‘the online-store of HEIDI HIGGINS’

42. Grattan Street,

Portlaoise, Laois, R32 HR62 Ireland

By email to sales@heidihiggins.com

Article 9 • Cookies

In order to process the Customer’s order, and in order to better understand their needs and to customize the services offered on the Site, ‘the online-store of HEIDI HIGGINS’ uses cookies. A cookie is a file stored on the hard disk of the Customers PC and its purpose is to indicate when the Customer is logged onto the Site. A pop up will appear to accept the use of cookies or not.

Article 10 • Limitation of Liability

By ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, de-connection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.

‘The online-store of HEIDI HIGGINS’ cannot in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line or any other technical connection, and when a Customer connects to the Site they does this under their full responsibility.

Article 11 • Force Majeure

‘The online-store of HEIDI HIGGINS’ is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituent of a force majeure such as that defined by positive law in such a case, The Customer Service will inform the Customer by email that such an event has occurred within a delay of three (3) days following this incident.

After a period of one (1) month, and in the event where the force majeure persists, the order will be cancelled and will be subject to a refund from ‘the online-store of HEIDI HIGGINS’ by the customers payment method of PayPal or Stripe whichever was used for the payment of the order within a maximum thirty (30) days.

Article 12 • Applicable Law

If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.

The General Terms and Conditions for Sales are performed and interpreted according to Irish and European Law.

In the case of litigation the customer should first contact ‘the online-store of HEIDI HIGGINS’ to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.