Effective date: 09/06/2022
These terms and conditions are the contract between you and Aosom Ireland Limited (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are Aosom Ireland Limited, a company registered in Ireland, company registration number: 701248, Our address is Unit 605 Jordanstown Road, Greenogue Business Park, Rathcoole, Dublin, D24 YO22
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
|"Carrier"||means any person or business contracted by us to carry Goods from us to you. For example, a courier.|
|"Consumer"||means an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.|
|"Content"||means any content in any form published on Our Website by us or any third party with our consent.|
|"Goods"||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
|"Our Website"||means www.aosom.ie, and includes all web pages controlled by us.|
|"Post"||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.|
|"Drop shipper"||means someone who buys goods from us and asks us to deliver them direct to their customer (“the Dropship Customer”)|
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.3.2 cancel all or part of your order.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside EU, upon request, we will refund to you the amount charged as VAT.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
5.5. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.
About Discount Codes
5.7. We may offer discount codes from time to time. All discount codes refer to the Price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; and (3) can only be redeemed once per customer. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
5.8. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process other transactions which you have initiated.
7.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
7.2. The following rules apply to cancellation of your order:
7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
7.2.3 We will return your money subject to the following conditions:
22.214.171.124 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
7.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
7.3.3 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
7.5. In any of the above scenarios, we will return your money within 14 days.
8.1.2 the defect results only from faulty design or manufacture;
8.1.3 you have returned the defective Goods or parts to us if we have so requested.
8.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that the address you give us is full and correct and someone is present to accept the delivery.
9.3. If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
9.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
9.5. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9.6. Signing "Unchecked", "Not Checked" or similar is not acceptable.
9.7. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9.8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.9. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
9.10. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
If the Goods cannot be delivered because you have not complied with this contract (e.g., giving us the wrong delivery address or not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).
11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
11.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
11.3. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
11.4. So far as possible, Goods should be returned:
11.4.2 securely wrapped;
11.4.3 including our delivery reference on the box(es)
11.4.4 at your risk and cost.
11.6. In returning faulty Goods, please encloses with it a note clearly stating the fault and when it arises or arose.
11.7. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 6 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
11.8. If delivery was made to Irish address, you are also protected by the Sale of Goods and Supply of Services Act 1980.
11.9. If we agree that the Goods are faulty, we will:
11.9.2 repair or replace the Goods as we choose.
12.2. Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
12.3. If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
13.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3. We make no representation or warranty for:
13.3.2 the adequacy or appropriateness of the Goods for your purpose.
13.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding12 month period for the Goods concerned.
13.6. We shall not be liable to you for any loss or expense which is:
13.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
13.8. If you become aware of any breach of any term of this agreement by any person, please tell us by emailing us at email@example.com We welcome your input but do not guarantee to agree with your judgement.
14.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
14.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
15.1. be malicious or defamatory;
15.2. consist in commercial audio, video or music files;
15.3. be illegal, obscene, offensive, threatening or violent;
15.4. be sexually explicit or pornographic;
15.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
15.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
15.7. solicit passwords or personal information from anyone;
15.8. be used to sell any goods or services or for any other commercial use;
15.9. include anything other than words (i.e., you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
15.10. link to any of the material specified above, in this paragraph.
15.11. send age-inappropriate communications or Content.
In addition to the restrictions set out above, a Posting must not contain:
16.1. hyperlinks, other than those specifically authorised by us;
16.2. keywords or words repeated, which are irrelevant to the Content Posted.
16.3. the name, logo or trademark of any organisation other than yours.
16.4. inaccurate, false, or misleading information.
17.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
17.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
17.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
17.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
17.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
17.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
17.8. Please notify us of any security breach or unauthorised use of your account.
18.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
18.3. If you are offended by any Content, the following procedure applies:
18.3.2 we shall remove the offending Content as soon as we are reasonably able;
18.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
18.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
18.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
You now agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
19.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
19.3. download any part of Our Website, without our express written consent;
19.4. collect or use any product listings, descriptions, or prices, without our express written consent;
19.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
19.7. share with a third party any login credentials to Our Website.
19.8. Despite the above terms, we now grant a licence to you to:
19.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
20.1. your failure to comply with the law of any country;
20.2. your breach of this agreement;
20.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
20.4. a contractual claim arising from your use of the Goods;
20.5. a breach of the intellectual property rights of any person.
21.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
21.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
21.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
The following terms apply in the event of a dispute between the parties:
22.1. If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org or an updated address which you will find on Our Website
22.2. We hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
22.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
23.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
23.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
23.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
23.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
23.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
23.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
23.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
23.10. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.
Information about your statutory right to cancel
Your right to cancel
Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Model cancellation form
To Aosom Ireland Limited, Unit 605, Jordanstown Road, Greenogue Business Park, Rathcoole, Dublin, D24 YO22, email@example.com
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and order reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
Buying Goods For Resale Including Drop shipping
1. You agree that in connection with the resale of our Goods you will comply with all applicable laws and regulations (including in relation to data protection) and will not infringe any third party rights.
2. You are free to fix your resale prices according to the applicable laws and regulations in force from time to time. If we communicate any recommended retail prices, these are indicative only except insofar as legally allowed otherwise.
3. You undertake not to alter or modify the goods including our trademarks and branding thereon without our prior written consent unless specifically allowed by applicable law.
4. When reselling the Goods, you undertake not to do anything which would be likely to seriously damage our reputation.
5. You undertake not without our prior written consent to make or give any promises, representations, warranties or guarantees on our behalf in relation to the Goods.
6. You agree that we will not enter into communications with your Dropship Customer. We will communicate only with you, through our normal channels.
7. If you are a Dropshipper and your Dropship Customer is a Consumer (as defined under “Definitions”), we will give you the same rights of “cooling off” as we give to Consumers (see the “7. Cancellations and refunds” section above) although we are entitled at any time to unilaterally withdraw such rights (even after exercise) if in our discretion we think that your Dropship Customer is not a Consumer or that you have exercised equivalent rights on an excessive number of occasions in respect of previous transactions or that you have abused this facility.
8. If we allow you to open a Dropshipper account with us, you agree to be bound by the Dropship account terms and conditions, i.e., in addition to these terms. If there is any conflict, these terms prevail.
9. You agree not to resell our goods on Amazon without our prior written consent.