Terms and Conditions | Terms of Service
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE REFRAIN FROM USING OUR SITE.
This website is operated by Alias Marketing and Design. Throughout the site, the terms “we”, “us” “the seller” and “our” refer to Alias Marketing and Design. Alias Marketing and Design offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on LetHost.ie. They provide us with hosting services for the online e-commerce platform that allows us to sell our products and services to you.
All prices are subject to sight of copy and 23% vat. Design or Delivery costs are not included unless stated. All artwork must be supplied press ready by client with required specifications if design services are not ordered with print. 300dpi is the recommended resolution for Images t be uploaded. The selection of contents and images to be printed, as well as acquiring the authorisation for their reproduction, where necessary, is entirely the responsibility of the user. Alias Marketing and Design will not under any circumstances check contents, apart from aspects related to the technical specifications and the artwork’s compatibility with the required specifications. Basic design is template based. One round of changes is permitted for price quoted. All subsequent changes will be charged on an hourly rate basis (and or percentage of) of €50 + 23% vat.
All print orders once placed and paid for are final, cannot be changed and are non-refundable.
Please note, all delivery times are estimates and Alias Marketing and Design is not responsible for delays due to weather, delivery carrier factors, customer error, holiday-related delays, international customs regulations, or any other unforeseen factors. Delivery times are estimates only and are in no way a promise or guarantee of a specific delivery date or time.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – DELIVERY
a. The place for delivery of the Goods will be as shown on the Order. It is the buyers responsibility to ensure that delivery address details submitted are correct and free from ommissions.
b. The Seller will endeavor to process the Order and supply the Goods within the time period stated for each item. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. Delivery and turnaround times are estimates only. On occasion production or courier delays beyond our control can occur, please bear this in mind when ordering.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
e. Goods may not be returned to the Seller except as provided in Section 8 below.
SECTION 7 – GUARANTEE
Alias Marketing and Design do not offer a guarantee and or warranty for any goods supplied.
SECTION 8 – RISK AND PROPERTY
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
SECTION 9 – RETURNS, REFUNDS AND RIGHTS OF CANCELATIONS
a. The Buyer shall have the right to cancel any Order for Goods only if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
b. Notice of the wish to cancel must be made by email to: email@example.com
c. In the case of Faulty Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 3 days after receipt). The Buyer may be required to send photographic or physical evidence.
d. In in the case of Damaged Goods the Buyer should inform the Seller at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 1 day after receipt). If the Goods are delivered by a courier the Seller should note when signing for the Goods that they are damaged. The Buyer may be required to send photographic or physical evidence.
e. If the Buyer reports faulty or damaged Goods in accordance with 8.c. and 8.d. above the Seller will require the Buyer to return the Goods at the Buyers cost and will, following receipt and at it’s sole discretion of Alias Marketing and Design and it’s suppliers, the Seller may reprint free of charge.
f. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications.
g. In the case of cancellation under Condition 8 a. above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges, if any) in respect of the Goods in question.
h. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
i. No refunds will be issued in respect of faulty or defective custom printed goods, only a reprint or replacement will be issued at the sole discretion of Alias Marketing and Design and it’s suppliers.
j. Item(s) requested to be returned, must be returned to us unused and in as new condition. You will be liable for all postage costs incurred as a result of returning an item to us. We cannot issue a refund until we have received the returned goods if requested. We recommend you obtain proof of posting when you return any goods to us. This does not affect your statutory rights as a consumer.
SECTION 10 – CLAIMS/SHORTAGES
a. Any complaints or shortages of goods, damages to or loss of goods must be notified to the seller in writing within 3 days of delivery and will only be accepted if goods can be examined. Each delivery or consignment shall stand as a separate contract.
b. Exact quantities cannot be guaranteed, tolerances are 0-5% over or under.
SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 – PERSONAL INFORMATION
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 – USERS RESPONSIBILITY FOR UPLOADED CONTENT
Alias Marketing and Design may not be in any way held responsible for the non-authorised use of pictures by users or for any type of rights violation by third parties.
The user hereby releases Alias Marketing and Design, undertaking therefore to indemnify it, from any responsibility to third parties that may complain about violations of intellectual property rights, damage to company image, honour, decorum, moral integrity or any monetary or non-monetary damage in consequence to the printing of images and contents uploaded by the user.
Alias Marketing and Design reserves the right, at any time, to stop any order which shows a clear violation of intellectual property rights of third parties or if the contents are defamatory, violent or otherwise contrary to public law and morality.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Alias Marketing and Design, our operators,staff, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the Aliasmarketinganddesign.ie website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Alias Marketing and Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 21 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – CONDITIONS OF SALE
Orders placed by customers without agreed credit account must be paid in full prior to processing the order. Payment terms for customers with agreed credit accounts are strictly 30 days from date of invoice (unless agreed in writing otherwise). Amounts may not be withheld or delayed by the customer for unauthorised returns or otherwise without written agreement of Alias Marketing and Design. Alias Marketing and Design reserves the right to charge interest on a daily basis from the date payment is due until the date payment is received. The basis of the interest will be 4% above The Central Bank base rate, compounded daily. All costs incurred in recovering overdue debts including, without limitation, legal expenses will be Payable by the customer.
All goods remain the property of Alias Marketing and Design until payment in full is received.
SECTION 27 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org via email or in writing to Alias Marketing and Design, Suite A, 17 Hibernian Industrial Estate, Greenhills Road, Tallaght,Dublin 24, D24 K163.