Terms and Conditions
Terms and Conditions of Use for our website Tempted.ie
Currently we are accepting orders from Ireland, the UK and Mainland Europe, we do hope in the future to accept orders from outside of these areas. When placing an order on this site you must be over the age of 18 years and legally capable of entering into binding contracts.
When is the Contract Formed?
When you place an order with us you will receive an email acknowledging that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product(s). A contract between us will not be formed until we send you confirmation by email that the goods which you have ordered have been dispatched to you. Only the items listed in the confirmation email at the time of dispatch will be included in the contract.
Descriptions, Details & Prices
While we try and ensure that all details, descriptions and prices which appear on our website are accurate, errors may occur (apologies in advance!). If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible 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. If the order is cancelled at this point you will receive a full refund including Delivery Charges. All products are subject to availability.
Prices are subject to change without notice and are inclusive of VAT at the current rate of 23%. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Please note that at times we may have offers and promotions on our website tempted.ie that are not available in our stores or offers and promotions in our stores which are not available through our website. The terms and conditions applicable to our website and the equivalent terms and conditions for our stores are mutually exclusive. This does not in any way affect your Statutory Rights.
We would ask you to please read our Delivery & Returns Policy for full details about how delivery is made and how to return an item. Please note that our returns policy is different for items bought online as opposed to items bought in store, this does not in any way affect your Statutory Rights. Please also note that whilst we will try our very best to deliver your order to you as soon as possible we are not liable for any failure to make a delivery within the estimated days or times.
Events Outside Our Control
Sometimes events happen which are completely outside our control, we are not liable or responsible for any failure to perform or any delay in our performance that is caused by these events (these are called Force Majeure Events)
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
a) strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
Limitation of Liability
We hope that you find all products purchased from us through our website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaching this contract is strictly limited to the purchase price you paid for the product.
Tempted.ie will not accept responsibility for personal injury or death resulting from negligent behaviour from us or that of our employees and agents in relation to tempted.ie. We will not be liable for damages of any kind arising from usage of this site or from any information, content, materials, products (including all software) or any services that are included or otherwise made available to you through our website. Tempted.ie does not warrant that this site, it’s servers, or emails sent from tempted.ie are free of viruses or other harmful components.
Intellectual Property Rights
Your use of the site and its contents grants you no rights in relation to any copyright, designs, trademarks, and any other intellectual property and material rights in relation to all content, any software, HTML and codes which are contained on this website.
You are permitted to use the content of this website only as authorized by tempted.ie. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, transfer or sell content, software or services that are contained on this website. You are also not permitted to use our logos or graphics to link to our website unless you have been given written permission from us to do so.
These terms and conditions are to be construed in accordance with the laws of Ireland. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.