Address: McDowells Jewellers, 3 O'Connell Street Upper, North City, Dublin 1, Ireland, D01 CD99
Tel: +353 1 874 4961
TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING GOODS FROM OUR SITE.
If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail or telephone our Customer Service Department, at the e-mail address and telephone number set out above.
When you buy Goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Board.
These Terms explain how you may buy Goods from the Site. You should read the following Terms carefully before buying any Goods. When buying any Goods you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any Goods unless we agree otherwise. If you have any questions about these Terms, please contact us by email on email@example.com
All orders for Goods and services from the Site are accepted by us subject to these Terms, which (unless otherwise specifically agreed in writing by a Director of McDowells) override and exclude any other terms stipulated or incorporated or referred to by the Customer whether in the order or during any negotiations or any course of dealing established between McDowells and the Customer, and constitute the entire understanding between McDowells and the Customer for the sale of Goods or the provision of any services relating to them.
These Terms are only available in English. No other languages will apply to these Terms.
The details of the Contract will not be filed by us. If you need any further information on the Contract or any orders you have placed with us, please write to us at the following address: McDowells, 3 O'Connell Street Upper, North City, Dublin 1, D01 CD99.
In these Terms, the following words have the following meanings:
'Additional Terms' has the meaning given to it in Clause 2.2.2;
'Confirmation E-Mail' has the meaning given to it in Clause 2.1.4;
'Contract' has the meaning given to it in Clause 2.1.4;
‘Good or Goods’ means the good(s) described in the Confirmation Email;
'Site' includes the following websites: www.mcdowellsjewellers.com/ and all associated web pages;
'Specific Terms' has the meaning given to it in Clause 2.2.1;
'Terms' the terms and conditions set out in this document, any Additional Terms and any Specific Terms;
'We, us or our' means McDowells, an unlimited liability company incorporated under the laws of Ireland with company registration number 7597 and VAT number IE 8/s/40546K and having its registered office at 3 O'Connell Street Upper, North City, Dublin 1, Ireland, D01 CD99; and
'You, your or Customer' means the person buying Goods from the Site.
- Ordering Goods from the Site
- The steps required to create the Contract between you and us are as follows:
- You place an order on the Site by adding the selected Good(s) to your Shopping Cart and completing the online checkout process. The display of Goods on the Site does not constitute an offer to sell them as described, or to sell any goods at all. By completing the online checkout process, you are making an offer to buy which incorporates these terms.
- When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.
- We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:
- the Goods are not available;
- we cannot obtain authorisation of your payment;
- you are not permitted to purchase the Goods; and
- there has been an error by us on the pricing or description of the Goods.
- We will only accept your order when we send you an e-mail that confirms this ('Confirmation E-mail'). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the Goods to you ('Contract'). Any Goods on the same order which we have not confirmed in an order confirmation to have been despatched do not form part of that contract. We reserve the right to decline any order, without giving a reason.
- When you order Goods from the Site, Specific Terms or Additional Terms or both may apply as follows:
When you buy Goods from us under any Specific Terms or any Additional Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in any Specific Terms or any Additional Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Board.
- Certain Goods that we sell may have specific terms and conditions that apply to it which are set out on the relevant webpage ('Specific Terms’);
- We may also add to or replace these terms and conditions with additional terms and conditions ('Additional Terms'). This may happen, for example, for security, legal or regulatory reasons. We will e-mail to let you know if we intend to do this by giving you one (1) month’s notice. You may end the Contract at any time by giving one (1) month’s notice if we tell you that Additional Terms will apply to the Contract.
- When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.
- If you are less than 18 years old you may not purchase any Goods from the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian. Your use of and registration on the site is void where prohibited.
- While we try to ensure that:
- all weights, sizes and measurements set out on the Site are as accurate as possible there may be a tolerance of up to 10% in such weights, sizes and measurements; and
- the colours of our Goods are as accurately displayed as possible on the Site the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any Goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Site. Such Goods may not necessarily be in perfect condition so please check that they of a satisfactory quality for their intended particular use.
- Unless otherwise stated, prices quoted are only valid during your browser session.
- These Terms cannot be varied except by changes made by us on the Site, which we may make from time to time. Proposed changes to the Terms will be notified to you by an update on our Site and your use of the Site after such update shall be taken as your full acceptance of such changes.
- The steps required to create the Contract between you and us are as follows:
- Nature of the Goods and faulty Goods
- The law gives you certain legal rights if any of our Goods are faulty. You have rights relating to refunds and to have such Goods repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to repair or replace the Goods or want a refund please e-mail or telephone, at the e-mail address and telephone number set out herein as soon as reasonably possible. Further information on your legal rights on faulty Goods can be obtained from your local Citizens’ Information Board.
- The packaging of the Goods may vary from that shown on the Site.
- If you order Goods and we accept the order, we reserve the right to notify you at any time before delivery of the unavailability of the particular Goods ordered. You can then cancel the Contract and we will refund you all money paid in full. Alternatively, you can accept any equivalent product we offer to you.
- If we experience difficulties in supplying certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We will try to e-mail to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
In the case of an item being unavailable to order from the supplier, we reserve the right to cancel your order and refund you in full within 5 working days of the order being placed. We will notify you by email if this occurs.
- ‘Cooling off’ period and your right to cancel the Contract
- You have a legal right to cancel the Contract during the ‘cooling off’ period set out in this clause 4. During the ‘cooling off’ period if you decide that, for whatever reason, you no longer want Goods that you have bought you may tell us that you want to cancel the Contract and obtain a refund. Further information on your legal rights can be obtained from your local Citizens’ Information Board.
- Your rights to cancel the Contract do not apply in certain limited circumstances.
- Your right to cancel the Contract starts from the date when the Contract is entered into in accordance with Clause 2.1.4 (ie when the Confirmation E-mail is sent by us). If you have already received the Goods, you have a ‘cooling off’ period of 7 working days when you may cancel the Contract. This 7 day period:
- starts to run the day after you receive the Goods; and
- includes only working days so does not include Saturdays, Sundays or any bank holidays.
- As soon as possible after you contact us to cancel the Contract (and, in any event, within thirty (30) calendar days), we will refund the price of the Goods and any delivery charges paid for by you. If you are cancelling the Contract and returning the Goods because of a defect or the Goods were not as described, we will also refund any reasonable costs that you incur in returning the Goods to us. Any refunds will be made on the debit card or the credit card which you used to pay for the Goods.
- If you have already received the Goods (for example, if the Goods have been delivered to you) you must return them to us as soon as possible. You have a legal duty to keep the Goods in your possession, to take reasonable care of them and not to use them before you return them to us. Unless you are returning the Goods because of a defect or the Goods were not as described, you are responsible for the cost of returning the Goods to us.
- We cannot accept responsibility for parcels lost in transit and you are strongly recommended to obtain proof of posting when returning items. Title and risk to the Goods shall only pass back to us once they are received by us.
- No refund will be made until the Goods are returned to us. Goods should be returned to us within five (5) working days of you notifying us of your intention to cancel the Contract. Notifying us of your intention to cancel the Contract does not extend the time within which you can return the Goods to us (i.e. we must receive the Goods back within thirty (30) days of delivery to you).
- If you wish to change or cancel a Contract after you receive the Confirmation Email, it may not always be possible to stop your order from being despatched, as we endeavour to process orders immediately. If your order has already been despatched please return the order and we will reimburse you.
- Please note that your right to return goods does not apply to certain goods. For hygiene reasons we cannot exchange or refund earrings unless they are defective or faulty. Items engraved cannot be refunded unless they are defective or faulty.
- All prices quoted on the Site are exclusive of delivery charges, which are to be paid by the Customer.
- The estimated date for delivery of the Goods will be set out in the Confirmation Email. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the Goods.
- Delivery of the Goods will take place when we deliver them to the address that you gave to us. We use An Post to deliver our Goods to the delivery address provided by you, as stated in the Confirmation Email; if nobody is available to take delivery of the Goods, please e-mail or telephone at the e-mail address and telephone number set out herein so as to rearrange delivery. You will be responsible for the Goods when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the Goods) and you will own the Goods when we receive payment in full for it and any respective delivery charges.
- We will use reasonable efforts to meet any delivery date, but it should be understood that they are estimates and we are not liable (in contract, negligence or otherwise) for any loss or damage resulting from them not being met, howsoever caused, including delays in meeting delivery dates caused by public holidays and/or bank holidays and/or acts of God arising in Ireland and/or elsewhere. Where you have ordered more than one (1) item, we may make delivery in one (1) or more instalments.
- Subject to clause 2.8, delivery charges for shipping to addresses in Ireland and Europe are as follows:
- €5.00 for delivery within Ireland, estimate 4-7days;
- €15.00 for delivery to the UK and Europe, estimate 5-9 days;
- €30.00 for delivery to all countries outside the EU 5-9days.
- Subject to clause 2.8, complimentary shipping is available for orders in excess of €100.00.
- Payment is collected from your credit/debit card at the same time that your Confirmation Email is sent, and before the Goods are delivered.
- We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Goods is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.
- Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 4.
- The price of the Goods:
- includes VAT at the applicable rate, unless they are expressly quoted as not including VAT. Any Items sold outside the EU will have the VAT deducted at the point of sale by us and the Customer will be liable for any taxes/import duties/charges incurred in their jurisdiction;
- does not include the cost of delivering the Goods; and
- is quoted in euro (€)(EUR).
- End of the Contract
If the Contract is ended it will not affect our right to receive any money which you owe to us under the Terms.
- Limitation on our liability
- Except for:
- death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
- fraud or fraudulent misrepresentation; and
- breach of any of the provisions implied into these Terms under the Sale of Goods and Supply of Services Act 1980 (or any other law),
- Except for:
- No Other Liability
We will have no liability to you other than as described in clause 8, whether under these Terms or on any other basis including liability in tort as a result of the sale of the Goods and at all times our liability to you shall be limited to an amount not exceeding the price actually paid by you in relation to the Goods giving rise to the liability.
- Non-Excludable Liability
Nothing in this these Terms shall operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a Customer.
- Title and Risk
- Title in the goods shall pass to the Customer when payment has been made under the Contract.
- Risk in the goods shall pass to the Customer upon delivery of the goods.
- Resizing of Rings
If you order a ring, and it is so required, you will be entitled to one (1) adjustment under our complimentary re-sizing service.
We warrant that:
- at the time of entry into the Contract, we will have title to sell the Goods to you; and
- the Goods sold to you will conform with the specification for them published by us or their manufacturer.
Subject to clause 9, if we are in breach of the warranties given by us under clause 13, our liability shall be limited to:
- replacement of the Goods concerned; or
- at our option, reimbursement of the price.
- Force Majeure We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters or other Acts of God. In these circumstances, we may at our sole option delay the performance of, or cancel the whole or any part of the contract without liability to the Customer. If we cancel part of the Contract, the Customer shall pay for the Goods delivered on a pro rata basis. If the conditions last for more than two (2) months, the Contract may be terminated by either party without compensation.
- You must notify us of queries and/or complaints in writing within fourteen (14) days of receipt of the Goods.
We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, and the parties hereby agree that the relevant Irish courts will have exclusive jurisdiction in relation to the Terms and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts. Irish law will apply to these Terms.
General Website Terms and Conditions of Use
McDowells Jewellers, 3 O'Connell Street Upper, North City, Dublin 1, Ireland, D01 CD99. Tel: +353 1 874 4961
1. About our terms and conditions
1.2 References in these terms to the Site includes the following websites: www.mcdowells.ie , www.mcdowellsjewellers.com and all associated web pages.
1.5 If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact firstname.lastname@example.org.
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Unwanted has the meaning given to it in clause 5.1;
use policy means the policy which governs your permitted use of the Site;
Website terms and
conditions of supply means the terms and conditions which will apply to you ordering goods using the Site;
We, us or our means McDowells, an unlimited liability company incorporated under the laws of Ireland with company registration number 7597 and having its registered office at 96-99 Grafton Street, Dublin 2. References to us in these terms also includes our group companies from time to time;
You or your means the person accessing or using the Site or its Content.
2. Using the Site
2.1 The Site is for your personal and non-commercial use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 The Site is intended for use only by those who can access it from within Ireland. We may accept orders for delivery to locations outside of Ireland although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Site from locations outside Ireland or place orders for delivery to locations outside Ireland, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at email@example.com.
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3. Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 The McDowells trade mark used on the Site is our trademark and any third party marks used on the Site (if any) are trade marks of the respective third party owner. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
4.2 All such software is solely for your personal use in a non-commercial manner.
4.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5. Submitting information to the Site
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (‘Unwanted Submissions’). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6. Accuracy of information and availability of the Site
6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
6.2 We may suspend or terminate operation of the Site at any time as we see fit.
6.3 You may have certain legal rights when using the Site (such as if the Website terms and conditions of supply apply to you. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these terms and conditions affects these legal rights.
6.4 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8 Limitation on our liability
8.1 Except for:
8.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
8.1.2 fraud or fraudulent misrepresentation;
8.1.4 we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
9. Events beyond our control
9.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10.1 These terms are dated 16 June 2014. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Ireland will have exclusive jurisdiction in relation to the Terms. Relevant Irish law will apply to these Terms.
Website Acceptable Use Policy
McDowells, 96-99 Grafton Street, Dublin 2, Ireland. Tel: +353 1 677 9678
1.1 Together with our General Website Terms and Conditions, this acceptable use policy governs how you may access and use the Site.
Submission or means any text, images, video, audio or other multimedia
submissions content, software or other information or material submitted by you or other users to the Site;
We, us or our means McDowells, an unlimited liability company incorporated under the laws of Ireland with company registration number 7597 and having its registered office at 96-99 Grafton Street, Dublin 2. References to us in these terms also includes our group companies from time to time; and
You or your means the person accessing or using the Site or its Content.
2. Acceptable use
2.1 We permit you to use the Site only for personal, non-commercial purposes and primarily for accessing information about us and ordering our products. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.
3. Restrictions on use
3.1 As a condition of your use of the Site, you agree:
3.1.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this policy or our General website terms and conditions of use;
3.1.2 not to use the Site to commit any act of fraud;
3.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code
3.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
3.1.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information i.e. phishing;
3.1.6 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 not to use the Site in any manner that harms minors;
3.1.8 not to promote any unlawful activity;
3.1.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
3.1.11 not to attempt to circumvent password or user authentication methods; and
3.1.12 to comply with the provisions relating to our Intellectual Property Rights and Software contained in our General website terms and conditions of use.
4. Bulletin boards, chat rooms and other interactive services
4.1 We may make bulletin boards, chat rooms or other communication (‘Interactive Services’) available on the Site.
4.2 We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
4.3 We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
4.4 Any Submission you make must comply with our Submission standards set out below.
5. Submission standards
5.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. In particular, you warrant that any Submission or communication is:
5.1.1 your own original work and lawfully submitted;
5.1.2 factually accurate or your own genuinely held belief;
5.1.3 provided with the necessary consent of any third party;
5.1.4 not defamatory or likely to give rise to an allegation of defamation;
5.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.1.6 unlikely to cause offence, embarrassment or annoyance to others.
6. Linking and framing
6.1 You may create a link to our Site from another website without our prior written consent provided no such link:
6.1.1 creates a frame or any other browser or border environment around the content of our Site;
6.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
6.1.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
6.1.4 is placed on a website that itself does not meet the acceptable use requirements of this policy.
6.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
7 Using the McDowells name and logo
7.1 You may not use our trade marks, logos or trade names except in accordance with this policy and our General website terms and conditions of use. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with our brand guidelines.
8.1 We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
9.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Ireland will have exclusive jurisdiction in relation to the Terms. Relevant Irish law will apply to these Terms.
McDowells, 96-99 Grafton Street, Dublin 2, Ireland. Tel: +353 1 677 9678
For the purposes of the Data Protection Acts 1988 and 2003, McDowells ('we' or 'us') is the 'data controller' (ie the company who is responsible for, and controls the processing of, your personal data).
Personal data we may collect about you
We will obtain personal data about you (such as your name and address) whenever you complete an online form.
For example, we will obtain your personal data when you purchase goods or services. We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you volunteer such information, you will be consenting to our processing it for the purpose of providing our goods and services to you.
Occasionally we may receive information about you from other sources (such as credit reference agencies), which we will add to the information we already hold about you in order to help us provide goods and services, improve and personalise our service to you.
How we use your personal data
We will use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:
- to help us identify you and any accounts you hold with us;
- research, statistical analysis and behavioural analysis
- customer profiling and analysing your purchasing preferences;
- marketing—see 'Marketing and opting out', below;
- fraud prevention and detection;
- billing and order fulfilment;
- credit scoring and credit checking—see 'Credit checking', below;
- customising this website and its content to your particular preferences;
- to notify you of any changes to this website or to our services that may affect you;
- security vetting; and
- improving our services.
Marketing and opting out
If you have given permission, we may contact you by mail, telephone, SMS, text/picture/video message, fax, email about our products, services, promotions and special offers that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you can opt out at any time. See further 'Your rights', below.
Disclosure of your personal data
We may disclose your personal data to:
- other companies within our group;
- our agents and service providers;
- credit reference agents—see 'Credit checking', below;
- law enforcement agencies in connection with any investigation to help prevent unlawful activity; and
- our business partners in accordance with the 'Marketing and opting out' section above.
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
access to your account is controlled by a password and username that are unique to you;
we store your personal data on secure servers; and
payment details are encrypted using SSL technology.
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
To enable us to make credit decisions about you and members of your household and for fraud prevention and money laundering purposes, we may search the files of credit reference and fraud prevention agencies (who will record the search). We may disclose information about how you conduct your account to such agencies and your information may be linked to records relating to other people living at the same address with whom you are financially linked. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes. If you provide false or inaccurate information and we suspect fraud, we will record this.
Information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
give consent on his/her behalf to the processing of his/her personal data;
receive on his/her behalf any data protection notices; and
give consent to the transfer of his/her personal data abroad.
Transfers of data out of the EEA
Any transfer of your data will be subject to a European Commission approved contract that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach.
You have the right, subject to the payment of a small fee (currently €6.35), to request access to personal data that we may process about you. If you wish to exercise this right, you should:
put your request in writing;
include proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill);
attach a cheque in the amount of €6.35 made payable to McDowells; and
specify the personal data you want access to, including any account or reference numbers where applicable.
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:
- put your request in writing;
- provide us with enough information to identify you (eg account number, username, registration details); and
- specify the information that is incorrect and what it should be replaced with.
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:
- put your request in writing with a header that says 'Unsubscribe';
- provide us with enough information to identify you (eg account number, username, registration details); and
- if your objection is not to direct marketing in general, but to direct marketing by a particular channel (eg email or telephone), please specify the channel you are objecting to.
Our contact details
We welcome your feedback and questions. If you wish to contact us, please send an email to firstname.lastname@example.org or you can write to us at our registered office located at 96-99 Grafton Street, Dublin 2, Ireland or call us on +353 1 677 9678.