1. Status of Terms 1.1 These terms constitute a legal document (“the Agreement”) which sets out the rights and obligations of you as a purchaser (“you”), and those of Core Gifts Limited (“elephantliving.com”, “we” or “us”), in relation to the services and products offered by us through this web site or any of the other web sites owned by us. By registering for elephantliving.com services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or elephantliving.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, elephantliving.com has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the elephantliving.com site (or any portion of it).
1.3 elephantliving.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the site should assist them in setting up any relevant accounts and supervise their access to the site. Once you have allowed your child access to the site he/she will be able to access all of the site. Please remember that the site is designed to appeal to a broad adult audience. Accordingly, as legal guardian, it is your responsibility to determine whether the site is appropriate for your child.
2. Place of performance and applicable law. Core Gifts Limited is a company registered in Republic Of Ireland. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the Republic Of Ireland. elephantliving.com makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Irish law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the Irish courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
3. Placing an order 3.1 A notice will be displayed on your web browser before you submit an order with elephantliving.com (“the Pre-contract Notice”). The Pre-contract Notice contains important information such as a description, price (including export taxes) and delivery charges of the good or services ordered. elephantliving.com suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 elephantliving.com will not be obliged to supply the goods or services submitted in your order until you have received an e-mail from elephantliving.com accepting your order (“Order Confirmation”). However, in the event the goods or services are listed on elephantliving.com’s site at an incorrect price due to typographical error or error in pricing information received from its suppliers but elephantliving.com have accepted your order before the discrepancy is noticed, elephantliving.com shall e-mail you to ask whether you are willing to pay the correct price for the goods or services ordered. If you are unwilling to pay the correct price elephantliving.com reserves the right to cancel the contract immediately without any liability to you.
3.3 [If elephantliving.com exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit card account if it has already made a charge to your card before cancelling your order.] OR [elephantliving.com will not charge your debit or credit card until the goods are dispatched to you or it has commenced performance of the services sold to you.]
3.4 [In the event that the goods ordered by you are not available elephantliving.com reserves the right to provide you with goods of a similar quality and specification and will inform you of such in the Order Confirmation.]
4. Right to cancel 4.1 You have the right to cancel any contract either:
4.1.1 within seven days from the date of delivery if elephantliving.com has supplied goods to you; or
4.1.2 within seven days from the date elephantliving.com sent you the Order Confirmation if elephantliving.com has contracted to supply services to you, provided that elephantliving.com has not started to provide those services before the expiry of the cancellation period.
4.2 The cancellation notice should be sent by e-mail to elephantliving.com at email@example.com and must state your name, a description of the goods or services concerned and the order number of the cancelled contract. Attaching the Order Confirmation elephantliving.com originally sent you will also assist elephantliving.com in processing your cancellation as quickly as possible. [The contract number is stated in the Order Confirmation e-mailed to you on elephantliving.com’s acceptance of your order.]
4.3 Where elephantliving.com have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to elephantliving.com. elephantliving.com will only accept the returned goods in their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
4.4 You must return the goods to elephantliving.com by registered post or similar within five working days from the date of the Cancellation Notice. You are responsible for the cost of returning the goods to elephantliving.com and the risk of damage to the goods in transit. If the goods are damaged in transit elephantliving.com reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.
4.5 Once elephantliving.com has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that the return of the goods has been accepted by elephantliving.com and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
5. Content 5.1 elephantliving.com has taken reasonable care in the preparation of the content of this web site. However, to the extent permitted by applicable law, elephantliving.com disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2 elephantliving.com shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
5.3 Certain links in this site will lead to sites which are not under the control of elephantliving.com. When you activate any of these you will leave the elephantliving.com site and elephantliving.com has no control over and will accept no responsibility or liability for the material on any site which is not under the control of elephantliving.com.
6. Deleted 7. Limitation of Liability 7.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of elephantliving.com.
7.2 Subject to clause 7.1, you agree that elephantliving.com shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
7.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
7.2.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under elephantliving.com’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where elephantliving.com has been advised of the possibility of such loss or damage).
7.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 7.1 above) the maximum aggregate of liability of elephantliving.com in contract, tort, negligence, statutory duty or otherwise (even where elephantliving.com has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
7.3.1 any defect in a product;
7.3.2 any failure by elephantliving.com to process signals, data, information, orders or messages correctly or in a timely manner;
7.3.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
7.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 7.3.1 , to three times the price of the relevant goods/services. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and elephantliving.com becomes liable for loss or damage that could otherwise have been limited.
7.4 You agree and acknowledge that you are in a better position than elephantliving.com to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by elephantliving.com, and therefore that elephantliving.com cannot adequately insure in respect of such liability. You warrant to elephantliving.com that you will insure against, or bear yourself, any loss for which elephantliving.com has excluded liability.
7.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 7 may not apply to you.
8. Indemnity Save to the extent that it falls within the provisions of clause 7, you shall indemnify elephantliving.com and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the elephantliving.com site or purchase of goods and/or services from that site which are brought or threatened against elephantliving.com or suffered or incurred by elephantliving.com by another person or entity.
9. Delivery Delivery times quoted are estimates only, and elephantliving.com shall not be liable for any delays caused except to the extent caused willfully or negligently by elephantliving.com. However, unless we have agreed a longer period for delivery with you, we will either deliver goods and/or services within twenty eight days of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods/services.
10. Complaints handling procedure In the event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please send an email to firstname.lastname@example.org outlining the nature of your complaint and elephantliving.com will respond to you as soon as we are able.
11. Copyrights All designs, text, graphics and their selection and arrangement on this site are the copyright of elephantliving.com or its content providers. As a visitor to the elephantliving.com site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without elephantliving.com’s prior written consent is strictly prohibited.
12. Software 12.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
12.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
12.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
12.2.2 copy or modify the Software; or
12.2.3 create any new Software partly or wholly based on the Software.
12.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
12.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
13. Typographical and Pricing Errors In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
14. Matters Beyond our Reasonable Control elephantliving.com shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
15. Language In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
16. Severability In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.