Terms and Conditions

For the sale of goods through the online store www.daramio.ie
Effective from: 01.01.2023

Business entity: GoldSolutions s.r.o.
Registered office: v Pionýrů 839, Frýdek-Místek, Czech Republic
Company Registration Number: 29460522
Registered with: Regional Court in Ostrava, Czech Republic
E-mail address: info@daramio.com

(Hereinafter referred to as the “Seller”)

1.    GENERAL TERMS AND CONDITIONS

1.1.    These terms and conditions (“Terms and Conditions”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (“Purchase Contract”) concluded between the Seller and an individual customer (“Buyer”) via the Seller's online store. The online store is operated by the Seller on the website www.daramio.ie (“Website”) through the interface of the Website (“Online Store Interface”).

1.2.    These Terms and Conditions apply only to purchases made by individuals acting as consumers, not to purchases made for business or professional purposes.

1.3.    Specific terms differing from these Terms and Conditions may be agreed in the Purchase Contract. In such cases, the agreed terms take precedence over these Terms and Conditions.

1.4.    These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are concluded in English.

1.5.    The Seller reserves the right to amend or supplement these Terms and Conditions at any time. Such amendments do not affect rights and obligations arising prior to the effective date of the updated Terms and Conditions.

2.    USER ACCOUNT

2.1.    Upon registration on the Website, the Buyer may access their user account (“User Account”). Through the User Account, the Buyer may place orders for goods. If permitted by the Online Store Interface, the Buyer may also place orders without registration.

2.2.    The Buyer must provide true and accurate information during registration and ordering. The Buyer is obliged to keep the information in the User Account up to date. The Seller considers the information provided by the Buyer as accurate.

2.3.    Access to the User Account is secured by a username and password. The Buyer is responsible for maintaining the confidentiality of their login credentials.

2.4.    The Buyer is not permitted to allow third parties to use their User Account.

2.5.    The Seller may cancel the User Account, particularly if the Buyer has not used it for more than 90 days or if the Buyer breaches their obligations under the Purchase Contract or these Terms and Conditions.

2.6.    The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of hardware and software by the Seller or third parties.

3.    CONCLUSION OF THE PURCHASE CONTRACT

3.1.    All product presentations on the Online Store Interface are for information purposes only and do not constitute a binding offer. The Seller is not obliged to conclude a Purchase Contract for these products.

3.2.    The Online Store Interface provides information about the goods, including prices and any applicable delivery costs. Prices are shown inclusive of value-added tax and all related charges. Prices remain valid for as long as they are displayed on the Online Store Interface. This does not limit the Seller's right to conclude contracts under individually agreed conditions.

3.3.    The Online Store Interface also contains information on packaging and delivery costs. Delivery costs are applicable only for deliveries within Ireland. If the Seller offers free shipping, this applies only if the Buyer meets the specified minimum purchase amount as shown on the Online Store Interface. If the Buyer partially cancels the Purchase Contract and the remaining purchase amount falls below the free shipping threshold, the Buyer is required to pay for delivery.

3.4.    To order goods, the Buyer completes the order form on the Online Store Interface. The order form includes in particular:

3.5.    the selected goods (added to the electronic shopping cart),

3.6.    the chosen payment method, delivery method, and

3.7.    information on delivery costs (collectively referred to as the “Order”).

3.8.    Before submitting the Order, the Buyer can check and amend the information entered, including the option to correct input errors. The Order is submitted by clicking the “Submit Order” button. The Seller considers the information provided in the Order as accurate. The Seller will confirm receipt of the Order to the Buyer without undue delay by e-mail to the address provided by the Buyer.

3.9.    The Seller reserves the right to request additional confirmation of the Order, depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), for example, by phone or in writing.

3.10.    The Purchase Contract is concluded when the Buyer receives an Order acceptance confirmation from the Seller by e-mail to the address provided by the Buyer.

3.11.    The Buyer agrees to the use of remote communication methods when concluding the Purchase Contract. The Buyer is responsible for any costs incurred when using such means (e.g., internet connection, phone calls), which do not differ from the standard rates.

4.    PRICE OF GOODS AND PAYMENT TERMS

4.1.    The price of the goods and any associated delivery costs under the purchase agreement may be paid by the buyer using the payment methods offered by the seller through the online store interface.

4.2.    Together with the purchase price, the buyer is obliged to pay the seller any agreed costs related to packaging and delivery. Unless expressly stated otherwise, the term purchase price also includes these costs.

4.3.    The seller does not require advance payments or similar prepayments from the buyer. This does not affect the seller's right under clause 4.6 to request full payment before dispatching the goods.

4.4.    In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. For non-cash payments, the purchase price is due within 5 days of concluding the purchase agreement.

4.5.    For non-cash payments, the buyer must include the correct payment reference. The payment obligation is considered fulfilled once the relevant amount is credited to the seller's account.

4.6.    The seller reserves the right, especially if the buyer fails to provide additional order confirmation (see clause 3.6), to require full payment before dispatching the goods to the buyer.

4.7.    Any discounts provided by the seller to the buyer cannot be combined unless explicitly agreed otherwise.

4.8.    If common business practice or applicable legal regulations require it, the seller will issue the buyer an invoice after payment is received. The invoice will be sent electronically to the email address provided by the buyer.

4.9.    The seller complies with applicable Irish legal obligations regarding the issuance of receipts and the recording of transactions.

5.    WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1.    Unless otherwise stated in clause 5.4 or in other cases where withdrawal is excluded, the buyer has the right to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. If the agreement involves multiple types of goods or partial deliveries, the period starts from receipt of the last item. The buyer must notify the seller of the withdrawal within this period. A standard withdrawal form provided by the seller may be used. Withdrawal notices can be sent to the seller's business address or email address as specified in these terms.

5.2.    If the buyer withdraws under clause 5.1, the purchase agreement is considered cancelled from the beginning. The buyer must return the goods to the seller without undue delay, no later than fourteen (14) days from withdrawal, unless the seller has offered to collect the goods. The deadline is met if the buyer dispatches the goods before it expires. The buyer bears the cost of returning the goods, even if the goods cannot be returned by standard postal means.

5.3.    If the buyer withdraws under clause 5.1, the seller will refund any payments received within fourteen (14) days of withdrawal, using the same payment method as originally used by the buyer. The seller may also refund the amount upon return of the goods or in another manner agreed with the buyer, provided that no additional costs arise. The seller is not obliged to refund payments before receiving the goods back or proof from the buyer that the goods have been sent back, whichever occurs first.

5.4.    The buyer acknowledges that withdrawal is excluded for goods made to the buyer's specifications, goods that are perishable, goods irreversibly mixed with other goods, sealed goods unsealed after delivery that cannot be returned for hygiene reasons, or audio/video recordings or software where the original packaging has been opened. All products from our range, with the exception of glass shelves, are manufactured and customised according to the customer's specifications and cannot be returned within the 14-day period.

5.5.    The seller is entitled to offset any claims for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6.    Where the buyer has the right to withdraw, the seller may also withdraw from the purchase agreement at any time before the goods are received by the buyer. In such cases, the seller will refund the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.

5.7.    If a gift is provided with the goods, the gift agreement is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement becomes void and the buyer must return the gift together with the goods.

6.    DELIVERY OF GOODS

6.1.    If the method of transport is arranged at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2.    If the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3.    If, for reasons on the buyer's side, repeated delivery or a different delivery method than stated in the order is required, the buyer shall cover the costs associated with repeated delivery or alternative delivery arrangements.

6.4.    Upon receiving the goods, the buyer is obliged to check the packaging for damage and notify the courier immediately of any defects. If the packaging is visibly damaged or shows signs of tampering, the buyer is not obliged to accept the goods. This does not affect the buyer's legal rights regarding product defects.

6.5.    Further rights and obligations related to delivery may be governed by the seller's separate delivery terms, if issued.

7.    LEGAL RIGHTS FOR DEFECTIVE GOODS

7.1.    The rights and obligations of the contracting parties regarding defective goods are governed by applicable Irish consumer protection legislation.

7.2.    The seller guarantees that the goods are free from defects at the time of delivery. In particular, the seller guarantees that at the time the buyer received the goods:

7.2.1.   the goods have the agreed characteristics or, if not agreed, characteristics expected based on product description, advertising or common practice,

7.2.2.   the goods are suitable for the intended or customary purpose,

7.2.3.   the goods correspond to any agreed sample or model,

7.2.4.   the goods are delivered in the correct quantity, size or weight, and

7.2.5.   the goods comply with applicable legal requirements.

7.3.    If a defect appears within six months of delivery, it is presumed that the goods were already defective upon delivery.

7.4.    The seller has obligations for defective performance at least to the same extent as the manufacturer. For the buyer – consumer, the warranty period is 24 months from receipt of the goods, unless otherwise specified for a particular product. For the buyer who is not a consumer (legal entity or entrepreneur), the warranty period is 12 months from receipt of the goods, unless expressly agreed otherwise. If a period during which the product can be used is indicated on the sold goods, their packaging, in the instructions provided with the goods, or in advertising, in accordance with other legal provisions, the provisions on quality guarantee apply. With the quality guarantee, the seller undertakes that the goods will be suitable for normal use or will retain their usual properties for a certain period of time. If the buyer has legitimately notified the seller of a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run during the time the buyer is unable to use the defective goods.

7.5.    The provisions referred to in Art. 7.4 of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if this results from the nature of the goods. The buyer has no rights from defective performance if, before receiving the goods, he knew that the goods had a defect, or if the buyer himself caused the defect.

7.5a.    Extended warranty +12 months for LED mirrors. The buyer has the option, when ordering LED mirrors, to purchase the service “Extended warranty +12 months” for the surcharge specified in the offer. The extended warranty prolongs the statutory or contractual warranty provided by the seller by an additional 12 months. The buyer – consumer, when purchasing this service, is entitled to a total warranty period of 36 months (24 months standard warranty + 12 months extended warranty). The buyer who is not a consumer (legal entity or entrepreneur), when purchasing this service, is entitled to a total warranty period of 24 months (12 months standard warranty + 12 months extended warranty). The scope and conditions of the extended warranty are identical to those of the standard warranty set out in these terms and conditions, unless this paragraph provides otherwise. The extended warranty applies exclusively to the LED mirrors specified in the order for which this service was purchased at the time of purchase.

7.6.    Defective goods claims must be made to the seller. If a designated repair service is stated in accompanying documents and is located conveniently for the buyer, the buyer should contact that service. Otherwise, the buyer may make a claim at any business premises where such claims are reasonably accepted. The seller will issue written confirmation of the claim and its resolution, including repair details if applicable.

7.7.    Claims can be made in person at the seller's business premises or via email as specified in these terms.

7.8.    The buyer must inform the seller of the chosen form of remedy when reporting a defect or shortly thereafter. The chosen remedy cannot be changed without the seller's consent, unless the requested repair is impossible.

7.9.    If the goods do not meet the specified characteristics, the buyer may demand replacement, repair, or a reasonable discount. The buyer may withdraw from the contract if the defect cannot be remedied, reoccurs after repair, or if multiple defects occur. If the buyer does not withdraw or request replacement or repair, they may demand an appropriate discount.

7.10.    The buyer is entitled to reimbursement of reasonable expenses incurred when asserting their rights, provided the claim is made within one month of the defect being reported.

7.11.    Additional rights and obligations regarding defective goods may be specified in the seller's complaints policy, if applicable.

8.    ADDITIONAL RIGHTS AND OBLIGATIONS

8.1.    Ownership of the goods passes to the buyer upon full payment.

8.2.    The seller is not bound by any specific codes of conduct beyond those required by applicable legislation.

8.3.    The seller handles customer complaints via the email address provided in these terms. Information about the resolution of complaints will also be sent to this address.

8.4.    Disputes between the buyer and the seller can be resolved through alternative dispute resolution procedures in line with applicable Irish and EU consumer protection rules. Online dispute resolution is available via the European platform at http://ec.europa.eu/consumers/odr.

8.5.    Contact details for Irish consumer protection authorities are available through official government websites.

8.6.    The seller is authorised to trade based on valid business licenses. Market surveillance is conducted by relevant Irish authorities, including data protection bodies and consumer protection agencies.

8.7.    The buyer accepts the risk of changes in circumstances that may affect the contract, in line with applicable law.

9.    DATA PROTECTION

9.1.    The seller fulfils their information obligations towards the buyer regarding the processing of personal data for the purposes of fulfilling the purchase contract, negotiations, and legal obligations, as outlined in a separate privacy policy in accordance with GDPR.

10.    COMMERCIAL COMMUNICATIONS AND COOKIES

10.1.    The buyer consents to receiving commercial communications from the seller to the provided email address or phone number. Full details regarding the processing of personal data for these purposes are available in the seller's privacy policy.

10.2.    The seller fulfils their legal obligations regarding cookies and similar technologies through a separate cookie policy.

11.    NOTIFICATIONS

11.1.    Communications to the buyer will be sent to the buyer's provided email address.

12.    FINAL PROVISIONS

12.1.    If the contractual relationship includes an international element, the parties agree that Irish law applies. This does not deprive consumers of protections granted by mandatory applicable law.

12.2.    If any part of these terms is invalid or unenforceable, the remaining provisions remain in full force. The invalid provision will be replaced by one that best matches its intended purpose.

12.3.    The purchase contract and these terms are archived electronically by the seller and are not publicly accessible.

12.4. A sample cancellation form is provided as an attachment to these terms and can be downloaded here.

12.5.    The seller's contact details are provided at the beginning of these terms.