TECHNOLOGY IS JUST A TOOL

Terms and conditions

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    This page and all the documents referred to describe the terms and conditions that apply when we provide you with confident goods (Products) listed on our website, earbuds.ie, except for those offered by third-party sellers (please refer to clause 10.7). Before purchasing any Products from our website, please read these terms and conditions carefully. You agree to be bound by these terms and conditions when purchasing our goods. You should also print a copy of these terms and conditions for future reference. Please be aware that if you refuse to accept these terms and conditions, you cannot purchase any Products from our website.

  • 1.

    powerbanks.ie is a website operated by Power Banks Ireland (we or us). Established.

  • 2. Your Status:

    By placing an order through our website, you warrant that:

  • 3.

    After placing an order, you will receive a confirmation in writing or via email to the address or email address you provided, acknowledging that we have received and accepted your order (Confirmation). Your purchase constitutes an offer to us to purchase a Product or Products. After we have sent you the Confirmation, a binding legal contract will be formed between you and us (Deal). Receipt of payment does not mean that we have approved your order, and we reserve the right to return your payment to you if your order is not accepted.

  • Your purchase constitutes an offer to us to purchase a Product or Products. Once we have sent the Confirmation, a binding legal contract is formed between you and us (Deal).

  • Receipt of payment does not mean that we have accepted your order, and we reserve the right to refund your payment if your order is not accepted.

  • 4.
  • 4.1

    For the purposes of these Terms and Conditions, a working day refers to any day other than a Saturday, Sunday, or public holiday in Ireland and Northern Ireland (Working Day).

  • 4.2

    You may cancel a Contract at any time within seven Working Days, starting on the day after you received the Products. In this case, you will receive a full refund of the amount paid for the Products in accordance with clause 9 below.

  • 4.3

    To cancel a Contract, you must notify us in writing by fax, email, or post, along with the returns form that can be downloaded from our website. You must include on the form your details and specifics of the Products purchased and, if applicable, delivery. You must also return the Product(s) to us immediately, in the same unused condition in which you received them, with all original packaging, at your own cost and risk. You have a legal obligation to take good care of these products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

  • 4.4

    You do not have the right to cancel a Contract for the delivery of any of these Products: - Opened or unsealed software; - Products made to your specifications; - Internal computer parts, such as PCI audio cards, even if they have been inserted into a computer; and This clause 4 will not affect your statutory rights.

  • 5.

    You acknowledge that we will rely on the accuracy of the address you provide.

  • If there is no one at the address provided who can accept delivery of the Products, we will notify you of an alternative delivery date or a location from which you can collect the Products.

  • If delivery cannot be made to the address you supply, we will notify you as soon as possible and refund or re-credit you for any amount that has been paid with regard to shipping.

  • If the Products you have ordered are not in stock upon receipt of your order, or we cannot dispatch the Products within 28 days of the Confirmation being sent to you, we will notify you as soon as possible and refund or re-credit you for any amount that has been paid by you or debited from your credit card for the Products within 30 days of your order.

  • 6. NON-DELIVERY
  • 6.1

    The quantity of any consignment of Products as recorded by us on dispatch from our place of business shall be conclusive evidence of the quantity received by you upon delivery, unless you are able to provide conclusive evidence proving otherwise.

  • 6.2

    We shall not be liable for any non-delivery of Products (even if due to our negligence or that of our representatives or sub-contractors) unless you provide us with written notice of such non-delivery within 30 days of the date when the order was placed.

  • 6.3

    Our liability for any non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a refund for the cost of the Products and the amount of postage paid for the Products.

  • 7.
  • 7.1

    The Products will be at your own risk from the time of delivery.

  • 7.2

    Ownership of the Products will only pass to you when we receive full payment of all amounts due in respect of the Products, including delivery charges.

  • 8.
  • 8.1

    The price of any Products will be quoted on our website from time to time, except in cases of obvious errors.

  • 8.2

    These prices include VAT but exclude delivery costs, which will be added to the total amount due.

  • 8.3

    Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. You will be informed of any changes in the prices of the Products that occur between the time you place your order and the time we ship the Products.

  • 8.4

    Our website offers a wide range of products, and despite our best efforts, some of the items may be incorrectly priced when you place your order. If we discover an item has been priced incorrectly, we will notify you promptly and provide you with the option to confirm your order at the correct price or cancel it. If you decide to cancel, we will refund or recredit you for the amount you have paid for the product.

  • 8.5

    We are not obligated to provide the product to you at the incorrect (lower) price, even if we have sent you a Dispatch Confirmation, and the pricing mistake is apparent and unmistakable and may have been recognized as mispricing.

  • 8.6

    We reserve the right to offer you a product of an equivalent or more excellent specification than the product ordered, at the same cost as the original product.

  • 8.7

    You can pay for the products and delivery charges using any method displayed on our website when you place your order.

  • 9.1

    If you return a product,

  • 9.1.1

    because you have canceled the contract within the seven-day cooling-off period (see clause 4), we will process the refund owed to you as soon as possible, and within 30 days of the day you gave notice of your cancellation. In this case, we will refund the full cost of the product, but you will be responsible for the cost of returning the product to us.

  • 9.1.2

    if you have informed us according to paragraph 20.2 that you do not agree to any change in these terms and conditions or any of our policies, or you claim that the product is faulty within seven days of receiving it, you may return the product to us. We will examine the returned product and inform you of your refund via email within a reasonable time period. We will usually process the refund owed to you as soon as possible, and within 30 days of the day we confirmed to you via email that you are eligible for a refund.

  • 9.2

    We can usually refund any money received from you using the same method originally used by you to pay for your purchase.

  • 10.

    OUR LIABILITY

  • 10.1 We warrant that any product purchased from our website is of satisfactory quality and reasonably fit for all purposes for which goods of this kind are generally supplied and free of defects for one month from the date of shipment. If any product does not conform to this warranty, we shall, at our option:

    10.1.1 take the product found to be defective and refund the cost paid in accordance with clause 8. Provided that: 10.1.2 our liability for losses caused by you may in no event exceed the cost of the product; and 10.1.3 the operation of any of the above options shall constitute a complete release of our liability under this clause 10

  • 10.2.2 You notify us in writing by facsimile, email, or article, providing specifics of this Product(s) and the alleged flaw. 10.2.3 when the defect is a result of damage during transit to you personally, you provide us written notice by facsimile, email or post within 3 days of delivery 10.2.4 You devoting us an excellent opportunity to inspect the solution and, if we ask, return the allegedly defective Product to our area of business for testing and inspection. 10.3.1 you continue to utilize the Item after giving notice of the flaw to us 10.3.2 the flaw arises because you neglected to follow along with oral or written directions Regarding the storage, installation, commissioning, use or maintenance of the Solution or (when there are no such directions ) good trade practice or 10.3.3 you change or repair the Product without our written approval or 10.3.4 harm to the Product has been due to you or another party. 10.4 As long as we have the capability to accomplish this, we’ll pass on the advantage of manufacturers’ guarantees, but these can be subject to constraints imposed by the producers. 10.5 This clause 10 doesn’t comprise or limit in any way our liability: 10.5.1 For death or personal injury due to our negligence; 10.5.4 For anything for which it might be illegal for us to exclude or Try to exclude our accountability. 10.6 We shall not be responsible to you for loss of earnings, loss of real or anticipated savings, loss of business, or degradation of goodwill in every case, whether direct, indirect, or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise from or in connection with any statute. 10.7 If you purchase Merchandise from a third-party vendor through our website, that vendor’s liability will be set out in that vendor’s terms and conditions. We’re not responsible for any Products offered on behalf of third-party vendors [for which we act as brokers ]. 11. SOFTWARE LICENCE Where software is provided or integrated as a member of the Products ordered, it isn’t possessed by us by a third party and will be subject to that third party’s software permit. You might want to sign the license and registration card provided with the solution and return it to the next party to possess the right to utilize the program. A third party’s program might have a shrink-wrap permit. This implies that by launching the packing of this software, you’ll be deemed to have read and agreed to all third parties' licenses. You may consequently be bound only if you open it. If you don’t want to be bound, you have to return to us the whole solution, including the unopened program, inside the cancellation period set out in clause 4. 12. IMPORT DUTY 12.1 If you purchase Products from our website for shipping outside Ireland, they might be subject to import duties and taxes imposed when the delivery reaches the destination. You’ll be liable for payment of any such export duties and taxes. Please be aware that we don’t have any control over these charges and can’t predict their amount. Please get in touch with your regional customs office for more information before placing your order. 12.2 Please also note you must comply with all pertinent laws and regulations of the nation for which the Goods are destined. We won’t be responsible for any violation of any laws by you. 13. WRITTEN COMMUNICATIONS Applicable laws demand that a number of the communications or information we send you be in writing. When using our website, you accept that communicating with us will be primarily digital. We’ll contact you by email or supply you with advice by posting notices on our site. For contractual purposes, you consent to this electronic way of communicating and admit that all trades, notices, data and other communications that we provide electronically comply with any legal requirement that such communications be in writing. This condition doesn’t affect your statutory rights. 14. NOTICES 14.1 We will give notice to you at the email or postal address you supply when placing an order or in any of the manners specified in clause 13. 14.2 You will notify people in writing by letter, email or facsimile. 14.3.2 in the case of facsimile, in the time of processing; 14.3.3 in the instance of email, in the time of sending; 14.3.4 in the instance of first-class, recorded shipping or registered post, two Working Days from the date of posting; 14.3.5 in the event of registered airmail, five Working Days from the date of submitting, and 14.3.6 if deemed receipt under this clause 14 isn’t within business hours (significance 9.00 am to 5.30 pm Monday to Friday to a day that’s a Working Day at the place of reception ), once the company next begins in the area of receipt. 14.4 To establish service, it’s enough to demonstrate that the note was sent by fax to the fax number of the appropriate party or, in the instance of email, the note was delivered to the specified email address of the proper party or, in the case of personal shipping or post, the envelope containing the notice was properly addressed and sent to this address. 14.5 The terms of the clause do not apply to the support of any process in any legal proceedings. 15. 15.3 We can transfer, assign, charge, subcontract, or otherwise terminate a Contract or any of our rights or duties arising under it at any time during the term of this Contract. 16. 16.1 We won’t be liable or accountable for any failure to perform or delay in the operation of any of our obligations under a Contract due to events beyond our reasonable control (Force Majeure Event). 16.2 A Force Majeure Event includes any action, event, non-happening, omission or injury outside our reasonable control and comprises specifically (without limitation) the following: 16.2.2 Civil commotion, riot, invasion, terrorist attack or danger of terrorist assault, war (whether declared or not), threat or preparation for warfare. 16.2.4 Impossibility of using railways, transport, aircraft, engine transportation or alternative private or public transportation means. 16.2.5 Impossibility of their usage of private or public telecommunications networks. 16.2.6 The actions, decrees, laws, regulations or limitations of any authorities. 16.3 Our functionality under any Contract is deemed to be suspended while the Force Majeure Event continues, and we will get an extension of time for operation for the length of the interval. We’ll use our reasonable endeavours to deliver the Force Majeure Event to a near or to find a solution so that our duties under the Contract can be carried out regardless of the Force Majeure Event. 16.4 When the Force Majeure Event continues for over 30 days, you shall be entitled to give notice in writing to people, per clause 14, to complete the Contract. 17. WAIVER 17.1 Should we fail, at any time throughout a Contract, to insist upon strict performance of any of your duties under the Contract or any one of these stipulations, or when we don’t exercise any of their rights or remedies on which we’re entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you by compliance with such duties. 17.3 No waiver by us of any of these terms and conditions shall be effective unless It’s expressly said to be a waiver and can be conveyed to you in writing according to clause 14 18. SEVERABILITY 19. ENTIRE AGREEMENT 19.1 These stipulations and any document expressly referred to in them represent the whole agreement between us concerning the subject matter of any Arrangement and supersede any previous agreement, arrangement or understanding between us, whether oral or in writing. 19.3 Neither you nor us shall have any remedy in respect of any false statement produced by another, whether orally or in writing, before the date of any Arrangement (unless such untrue statement was made fraudulently), and another celebration´s just remedy shall be for breach of contract as provided in these terms and conditions. 20. 20.2 you’ll be subject to the policies and stipulations in force at the time you purchase products from us unless any change to those policies or these terms and conditions must be produced by law or governmental jurisdiction (in the case it will apply to orders previously placed by you), or even when we notify you of this change to those policies or these terms and conditions before we ship you the Confirmation (in the case we have the right to presume you have accepted the change to the terms and conditions unless you notify us to the opposite in seven working days of receipt by you of these Products). 21. Contracts for purchasing merchandise through our website will be governed by British law. Any dispute arising out of, or connected to, these imports shall be subject to the non-exclusive authority of the courts of England and Wales. 22. DATA PROTECTION 22.1 We’ll take all reasonable measures to keep the specifics of your order and payment secure. We won’t be responsible for unauthorized access to the information you provided unless it results from our negligence. 22.2 We will soon undoubtedly hold your contact information in a database. Your particulars will not be disclosed to outside third parties without your approval. From time to time, we will notify you of products and offers that might be of interest to you.

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