Terms of service

Terms of Service

  1. OVERVIEW

1.1.1 The website on which these Terms of Service appear (“Our Site”) is owned and operated by Matthan Ltd, and the words “We/Us/Our/Company/the Company” in these Terms of Service mean Matthan Limited

1.2. These Terms of Service, together with any and all other documents they refer to, set out the terms under which the goods (“Goods”) sold through Our Site are sold to customers who deal in the course of trade (a trade customer) and are purchasing goods from our site for the purpose of resale. These Terms of Service do not apply to consumers.

By agreeing to these Terms of Service you confirm you are a trade customer as defined in 1.2 and are legally capable of entering into a legally binding contract.

1.3 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.

1.4 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.

1.5 Any new features or tools that 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.

1.6    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1.7    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 and Conditions of Service.

  1. SALES CONTRACT

2.1    After submitting your order via our website you will receive an email. acknowledging our receipt of your order.

 2.2   No part of Our Site constitutes a contractual offer capable of acceptance by you. Your Order constitutes your contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that the Order has been accepted; confirmation of acceptance is only ever indicated by taking payment and delivering the goods. (“Order Confirmation”). Order Confirmations will be given after payment is  received. If no estimated delivery date is given, we will normally attempt to deliver the Goods within 14 days of the date of the Order Confirmation. Your payment or delivery of the goods (whichever is sooner) will constitute the formation of a legally binding contract based on the terms outlined in these Terms of Service. The contract formed will relate only to those goods which we are able to deliver. We will not be obliged to supply any other goods which may have been part of your order.

2.3    If for any reason we beyond are reasonable control we are unable to a supply a particular item we will not be liable to you.  When an item you have ordered is unavailable, we will, if requested, attempt to deliver a suitable substitute.

2.4   The actual value of your order may not be determined until we have processed your order and a final value has been generated. The order value shown in your basket and our order acknowledgement is for your guidance only.  In most cases your final order value will not differ to the amount shown your original order.

The Delivery charge shown on your order is based on the delivery of 1 carton (20kg) of non-precious items to an  address in Ireland. Delivery charges for precious items , larger consignments or for deliveries to addresses outside Ireland will be greater.  The actual amount you will finally pay is dependent on stock being available on the day your order is picked, discounts being applied (if applicable),  and exact delivery charges being applied. Delivery of your goods will be accompanied with an Invoice and picking list.  The accompanying Invoice and not your original order submission should be used when determining the final amount paid and reconciling payments with your bank/credit card statements.

 

 

  1. GOODS, PRICING and AVAILABILITY

3.1.  We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available to order through Our Site correspond to the actual Goods. Please note, however, that images of Goods are for illustrative purposes only, and:

3.1.1. Due to differences in computer displays and lighting conditions there may be minor variations in color between an image of a product and the product sold;

3.1.2. Due to the nature of the Goods sold through Our Site, there may be up to a 2% natural variance in the dimensions of those Goods between the actual Goods and Our description of those Goods.

3.1.3. Minor changes may, from time to time, be made to certain Goods between your order for Goods (“Order”) being placed, and the Company processing that Order and dispatching the Goods, for example, to reflect changes in regulatory requirements, to address particular issues, or changes of supplier – but not to change any of the main characteristics of the Goods, and not normally to affect your use of those Goods.

3.2. All descriptions or photographs are for illustration only and are designed to provide you with reasonable information about the products featured.

3.3. Unless otherwise stated as being “Sterling Silver” or “9ct, 18ct or 24ct Gold” Goods described as gold or silver are a reference to the color of the Goods and/or their plating.

3.4. Our site features a very large number of products. Despite our best efforts to keep our site up-to-date to ensure these products are actually available for supply, the supply of some of these products may not be possible due to circumstances beyond our control (e.g. unexpected customer demand, extended manufacturer lead times, product discontinuation by our supplier).

3.4.1. In the event that some products ordered are not available, and you have opted for substitutions, we will, where possible, provide products similar in design, color and price point;

 

3.4.2   If We are unable to supply some of the products ordered (or where applicable substitute products) we will amend your order accordingly and place on backorder products not supplied, unless instructed to the contrary by the customer.

 

3.5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

3.6.  All prices are checked by the Company before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you (via telephone or in writing) to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of this in writing.

3.7.  All prices on Our Site exclude VAT. If applicable VAT rate will be applied to your invoice at the statutory rate published on Revenue. ie. The Supply of goods to businesses outside of Ireland but within EC will be exempt from VAT only on the production of a Valid EORI Number and checks carried out being satisfactory. Supplies to countries outside the EC will automatically be exempted from VAT. 

 3.8. Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.

ORDERS – ACCEPTANCE - PAYMENT

4.1.  If, during the order process, you provide the Company with incorrect or incomplete information, please contact the Company as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give the Company accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, you agree to pay those costs.

4.2 Payment for Goods and related delivery charges immediately becomes due once your order has been processed and our Invoice has been raised.

 PAYMENT METHODS

5.1 We offer several payment options which can be utilised, to make payment of your order. Your preferred payment option can be selected during the ordering process. The payment options available are:-

5.2 Payment by Credit/Debit Card.  When selecting this option you may be directed online to a secure third-party payment Portal. Your credit/debit card details are encrypted to prevent unauthorized access.  By submitting your details via this portal you will have pre-authorised payment to be taken from your account. Full authorization will take place immediately at the purchase of your goods at the Checkout page.

5.3 Upon full authorisation the total amount shown on our Invoice will be requested from your bank. In the event that we have to amend your original order due to stock unavailability applied discounts (where applicable) , or carriage charge adjustments, the total amount charged to your credit/debit card may be different to total shown on your original order.

5.4 Payment by Debit/Card will normally only be accepted by the Company if the delivery address given is within Ireland and matches that to which the credit/debit card is registered. Delivery of goods to an address different from that of the registered address of the Card used will only be allowed at our sole discretion. The use of an alternative method of payment is advised if a different address for delivery is required.

 5.1.3 Payment via Credit/Debit Card is completed through Our third party provider. We will take payment using the details provided to the third party. We will only take payment via this method where the delivery and billing address are different.

5.5.  We reserve the right to refuse payment by any of the methods selected.

  1. DELIVERY - RISK - OWNERSHIP

6.1.     If the Company are unable to deliver the Goods on the delivery date because no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, typically [but not always] our logistics partner will leave a delivery note explaining how to rearrange delivery or where to collect the Goods. If you do not then collect the Goods or rearrange delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Order as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering and re-stocking the Goods.

 6.2.     Delivery shall be deemed complete and the responsibility for the Goods will pass to you once the Goods have been delivered to the address including, where relevant, any alternative address, you have provided.

 6.3.     Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

6.4.     Delivery of Goods outside Ireland will be under the following conditions:

6.4.1.   All taxes and levies will be payable by you in the country of delivery;

6.4.2.   We do not advise on the amount of such levies;

6.4.3.   VAT will not be applied to any Goods which are to be exported outside Ireland.  Business customers within another EC country will be obliged to provide details of their VAT or EORI registration.

6.4.4.   A Certificate of Shipment is required when the shipment is to be arranged through a third party.

 6.5. Due to limitations imposed by Our Insurers, we are unable to export goods to the following Countries:-

Afghanistan, Angola, Cuba, Ethiopia, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar, Nicaragua, Nigeria, North Korea, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Uganda, Countries comprised by the former territories of USSR and/or the Federal Republic of Yugoslavia and/or Republic of Serbia, or any other country where local legislation decrees insurance must be effected locally, unless specially declared and accepted by underwriters prior to shipment. We  reserve the right to add to the list of excluded Countries without notice.

6.6.    Buyers who wish to use their own Courier or Freight Forwarder for the purpose of delivery are responsible for insuring goods whilst in transit. The Company’s liability for loss or damage will cease at the point of despatch.

RETURNS

See separate returns policy.

ALTERATION OR CANCELLATION OF YOUR ORDER

7.1     If you wish to amend or alter your order you must do so within 24 hours of your order being placed with us.

7.2     If you no longer want to receive your order and wish to cancel you must notify the Company within 24 hours of submitting your order.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

8.0       We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

8.1       We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

8.2       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.

8.3       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.

8.4 In no case shall CecyKato Jewellery, the Company, our directors, 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.

  1. INDEMNIFICATION
    You agree to indemnify, defend and hold harmless CecyKato Jewellery, the Company 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.
  2. 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.
  3. 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).
  4. 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.
  5. GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
  6. 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.
  7. CONTACT INFORMATION
    Questions about the Terms of Service should be sent to us at info@cecykato.ie.
  8. PERSONAL INFORMATION
    Your submission of personal or corporate information through the store is governed by our Privacy Policy. To view our Privacy Policy which is available in the footer on our website
  1. PROHIBITED USES
    In addition to other prohibitions as set forth in the Terms and Conditions 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.
  2. MISCELLANEOUS

19.1 The contract is between you and the Company; it is not intended to benefit any other person in any way and no such person will be entitled to enforce any provision of these Terms of Service.

19.2   We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements. If the Company change these Terms of Service as they relate to your Order, Company will give you reasonable notice of the changes.

19.3   Any disputes concerning these Terms of Service or the relationship between you and the Company, shall be subject to the exclusive jurisdiction of the courts of Ireland.