Profile For Her Plus Terms & Conditions
3rd June 2020
Please read this agreement carefully. It contains important clauses which impose obligations on you and which limit or exclude our liability to you.
1.The Agreement
1.1 This page (together with the documents referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which Profile For Her Plus supplies any services and/or Products listed on Profile For Her Plus website from which you can access this page including, in particular www.profileforherplus.ie (called the “Website”) and/or purchased via the Customer Sales Centre.
1.2 This Agreement was last amended on 15 October 2015.
1.3 You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Profile For Her Plus which is not set out in this Agreement. Nothing in this condition excludes or limits Profile For Her Plus liability for fraudulent misrepresentation.
1.4 The Agreement (including any documents referred to in it) may be revised from time to time by Profile For Her Plus. Therefore, the Agreement (including any documents referred to in it) should be read carefully before ordering Products from Profile For Her Plus each time you intend to make a purchase.
1.5 In this Agreement, “you” and “your” means both you and/or the person, organization or entity on whose behalf you are acting. The meaning of other capitalized terms and expressions used in the Agreement are set out in clause 24.
2. Information about us
2.1 This Website and the Customer Sales Centre is operated by Profile For Her Plus Online (called “Profile For Her Plus” which expression includes its successors and assigns).
2.2 Profile For Her Plus is a registered business under the laws of Ireland with registered office at 47 Bank Place, Mallow, Co. Cork, Ireland. This is also Profile For Her Plus main trading address. Profile For Her Plus VAT number is IE ………………. Profile For Her Plus can be contacted at:
Profile For Her Plus Online,
47 Bank Place, Mallow, Co. Cork
Ireland
Tel: +353 (022)42497
Email: info@profileforherplus.ie
2.3 Any complaints can be addressed to Profile For Her Plus at the above address or contact details.
3. Serviced Countries
3.1 This Website and the Customer Sales Centre is intended for use only by persons legally resident in Ireland. Profile For Her Plus does not accept orders from persons who are not legally resident in Ireland.
4. Acceptance of Agreement
4.1 Please read the Agreement (including any documents referred to in it) carefully before ordering any Products from Profile For Her Plus. It should be understood that by clicking “I Accept” and ordering any Products via the Website, you (including any person, organization or entity on whose behalf you are acting) agree to be legally bound by the Agreement (including any documents referred to in it) and confirm your understanding of it.
4.2 If you refuse to accept the Agreement (or any part of it), you will not be able to order any Products from this Website.
4.3 If you are making an order via the Customer Sales Centre, a copy of this Agreement will be sent to you by e-mail and you (including any person, organization or entity on whose behalf you are acting) will be deemed, with effect from the time the order was submitted, to have agreed to be legally bound by and confirmed your understanding of this Agreement (including the any documents referred to in it), except if you cancel the Contract. Any cancellation of the Contract must be undertaken in accordance with clause 4.4 or clause 9.
4.4 If you make an order via the Customer Sales Centre, you may cancel the Contract or order within one (1) day of the receipt by your e-mail account of the Agreement.
4.5 Profile For Her Plus recommends that you print or save a copy of the Agreement (including any documents referred to in it) for future reference.
5. Customer status
5.1 By placing an order through this Website or the Customer Sales Centre, you agree and warrant that:
(i) you are legally capable of entering into this Agreement and on behalf of any person, organization or entity on whose behalf you are acting;
(ii) you are legally resident in Ireland and, if a natural person, are at least eighteen (18) years old;
(iii) the information you provide to Profile For Her Plus for the purpose of ordering Products or services is complete and accurate;
(iv) you are legally and fully entitled to use any credit card or debit card furnished for the purpose of making a purchase and sufficient funds are available on the relevant card to cover the cost of purchases by you; and
(v) if you are acting on behalf of a business, company or organization, such business, company or organization is sufficiently creditworthy and able to cover the cost of purchases by you.
5.2 Any breach of clause 5.1 will entitle Profile For Her Plus to immediately terminate the Agreement and any Contract by notice to you and without any liability to you whatever.
6. How to order
6.1 Orders can be placed and order input errors can be corrected by calling the Customer Sales Centre.
6.2 After placing an order, you will receive an e-mail from Profile For Her Plus acknowledging that Profile For Her Plus has received your order and confirming the price, delivery charge and specification of the Product order. Please note that this does not mean that your order has been accepted by Profile For Her Plus. Your order constitutes an offer from you to us to buy a Product subject to this Agreement.
6.3 All orders are subject to acceptance by Profile For Her Plus and availability. Profile For Her Plus will confirm its acceptance of your order by sending you an e-mail that confirms that your order has been accepted (which e-mail is called the “Purchase Confirmation”) and not otherwise. A legally binding contract between Profile For Her Plus and you (called the “Contract”) will only be formed when we send you the Purchase Confirmation.
6.4 The Contract will relate only to those Products identified in the Purchase Confirmation. Profile For Her Plus is not obliged to supply any other Products which may have been part of your order until acceptance of your order in this respect has been confirmed in a separate Purchase Confirmation.
6.5 Profile For Her Plus accepts no responsibility and will not be liable in any way to you if the Products ordered are unavailable or if an order is rejected, not accepted or not rejected.
6.6 Products ordered by you are specially ordered and, in some cases, custom built. Accordingly, an order or Contract for Products may not be cancelled, revoked or terminated by you except as expressly provided in this Agreement or, in specific cases, with Profile For Her Plus prior written consent. An attempted revocation of an order will only be effective if Profile For Her Plus confirms its receipt of, and agreement to, the revocation within one (1) business day of the notification first being sent.
6.7 Please note that no terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document or communication supplied by you form part of this Agreement or any Contract as a result of such document or communication being referred to in the Contract or otherwise.
6.8 This Agreement prevails over any terms and conditions put forward by you and no conduct of Profile For Her Plus constitutes acceptance of any terms or conditions put forward by you (unless Profile For Her Plus expressly agrees to them in writing by express reference to this clause).
7. Description of Products
7.1 You are solely responsible for using your skill and judgement to choose the Products (and their specification) which are suitable for your purposes.
7.2 The Products supplied are generally manufactured by a third party manufacturer and retail by Profile For Her Plus in accordance with the supplier or manufacturer’s standard specifications as these are revised by the manufacturer from time to time. Profile For Her Plus accordingly reserves the right to supply Products with a different specification to that ordered where the ordered Product is unavailable to Profile For Her Plus provided that the supplied Product has equivalent functionality, performance and price to that ordered. If you exercise your right of cancellation in accordance with clause 9 in respect of any equivalent Product so supplied, Profile For Her Plus will bear the cost of returning the Product.
7.3 Profile For Her Plus will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications and description of the Products is as set out in the Purchase Confirmation.
7.4 All samples, drawings, descriptive matter, specifications and advertising issued or made available by Profile For Her Plus and any descriptions or illustrations contained in Profile For Her Plus catalogues, brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample.
8. Profile For Her Plus Status
8.1 Please note that in some cases, Profile For Her Plus may accept orders as agent on behalf of third party resellers. The resulting legal contract in such cases is between you and the relevant third party reseller (and not between you and Profile For Her Plus), and is subject to the terms and conditions of the relevant third party reseller. The third party reseller will advise you of their terms and conditions directly. Profile For Her Plus recommends that you read any third party reseller’s terms and conditions carefully before proceeding with an order.
8.2 Profile For Her Plus will notify you if and when Profile For Her Plus accepts orders as an agent on behalf of a third party reseller. Where Profile For Her Plus acts as an agent, Profile For Her Plus may disclose your information which relates to an order to the relevant third party reseller in connection with the order. In such circumstances, you consent and agree to such information (which may include your personal information) being shared with the third party reseller.
8.3 Profile For Her Plus may also provide links on this Website to the websites of other companies and persons, whether affiliated with Profile For Her Plus or not. Profile For Her Plus does not give any undertaking or assurance whatsoever that any products or services purchased from third party resellers through this Website, or from companies or persons to whose website Profile For Her Plus has provided a link on this Website, will comply with the terms of any third party reseller’s contract, will be fit for purpose, of merchantable quality and/or match its description. Any such warranties and any other terms, conditions and/or warranties expressed or implied by common law, statute or otherwise are expressly disclaimed and excluded by Profile For Her Plus.
8.4 The disclaimer in clause 8.3 does not affect your statutory rights against the third party reseller.
9. Consumer right of cancellation
9.1 If you are ordering Products as a Consumer, you have a limited right to cancel your order in accordance with this clause 9. This right of cancellation does not apply if you are making an order for or on behalf of a business, company or other commercial entity.
9.2 Subject to clause 9.3 and 9.4, you may cancel the relevant Contract at any time within Fourteen (14) days beginning on the day after you received the Products or, where you made an order via the Customer Sales Centre, the day after your e-mail account received a copy of the Agreement if later. If you intend to cancel a Contract in accordance with this clause 9, you are asked to notify Profile For Her Plus of this by e-mail to info@profileforherplus.ie You must in any case return the Product to Profile For Her Plus, at your sole risk and (except where provided in clause 7.2) cost in the same condition in which you received it, together with all relevant packaging, within (14) days of your cancellation of the Contract in order that Profile For Her Plus can resell it.
9.3 If you cancel a Contract in compliance with clause 9.2, Profile For Her Plus will reimburse you in respect of any sums paid by you to Profile For Her Plus in accordance with Profile For Her Plus returns policy detailed in clause 18.
9.4 You do not have a right of cancellation pursuant to this clause 9 if:
(i) the relevant Products were made to your specifications or were clearly personalized or, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly; or
(ii) the provision of any services to you has commenced at any time before the expiration of the seven day period as a result of actions taken by you; and/or
(iii) you are contracting for or on behalf of a company or other commercial entity.
9.5 Profile For Her Plus reserves the right to take action against you if the Product returned has, whilst in your possession or control, become unfit for resale or damaged or you have not returned the Product and all relevant packaging included in or with the Product when it was delivered to you.
10. Time is not of the essence
10.1 Any dates or times specified by Profile For Her Plus for procurement and/or delivery of the Products are an estimate only and time for supply of Products is not, and may not be made by notice, of the essence of this Agreement.
10.2 Profile For Her Plus will use reasonable efforts to supply Products pursuant to a Contract within the estimated date specified in the Purchase Confirmation or, if no date is specified, within a reasonable period which, if you are a Consumer (but not otherwise) will be no more than thirty (30) days from the date you submitted your order (unless otherwise agreed between you and Profile For Her Plus).
10.3 You are not, subject to clause 10.4, entitled to terminate a Contract by reason of the failure of Profile For Her Plus to supply Products by the estimated supply date and Profile For Her Plus is not liable to you for any losses whatever caused by such failure.
10.4 If you are a Consumer and the delivery date cannot be met, and the revised delivery date is more than thirty (30) days from the date of the Purchase Confirmation, you can cancel the Contract without charge and obtain a full refund if you notify Profile For Her Plus, within two (2) days of being informed of the new delivery date, that you are not happy with the revised delivery date.
11. Delivery
11.1 Profile For Her Plus will deliver the Products during normal business hours to the address (in Ireland) designated by you (which may be Profile For Her Plus premises where you propose to collect the Product) and during the period designated by Profile For Her Plus, as confirmed in the Purchase Confirmation (“Delivery Point”). While Profile For Her Plus will endeavor to meet any request by you in relation to the period during which the Product is to be delivered, the period during which, and the exact time of delivery, is at the discretion of Profile For Her Plus.
11.2 You must take delivery, and make all arrangements necessary to take delivery, of the Products when they are made available by Profile For Her Plus (or its agent) at the Delivery Point during the period for delivery confirmed in the Purchase Confirmation.
11.3 Delivery is deemed to take place on and from when the Products are made available by Profile For Her Plus (or its nominee) at the Delivery Point. Profile For Her Plus may deliver the Products at any reasonable time before or after the quoted delivery date and time, subject to prior notification.
11.4 Profile For Her Plus may, for practical reasons, deliver the Products to you by separate instalments and will notify you accordingly if this is the case. If you have not paid in advance, each separate instalment will be invoiced and paid for in accordance with the provisions of the Contract.
11.5 Each instalment is a separate Contract and no cancellation or termination of any one Contract relating to an instalment entitles you to repudiate or cancel any other Contract or instalment.
11.6 You must examine the Products immediately upon receipt of them and notify Profile For Her Plus promptly of any mis-delivery.
11.7 Profile For Her Plus is not liable for non-delivery of, or damage to, the Products where the Products, by prior agreement between you and Profile For Her Plus, are carried by you or by a carrier on your behalf.
11.8 Profile For Her Plus is not liable for:
(a) any non-delivery of Products unless you give written notice to Profile For Her Plus of the non-delivery within forty eight (48) hours of the date of delivery;
(b) delivery of the wrong Product or Product with an incorrect specification unless you give written notice to Profile For Her Plus of the mistake within seven (7) days of the date of delivery; and
(c) any damaged Products unless you give written notice to Profile For Her Plus of the damage within forty eight (48) hours of the date and time of delivery or, if the damage was not apparent to the naked eye, the date and time at which the damage became first become apparent.
11.9 Any liability of Profile For Her Plus for non-delivery of, or delivery of damaged or incorrect, Products is limited, at Profile For Her Plus discretion, to:
(a) delivering or replacing the relevant Products within a reasonable time;
(b) issuing a refund or reduction in price, as appropriate; or
(c) where the relevant Products were purchased on credit, issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
11.10 If you refuse or fail to take delivery of Products delivered in accordance with the Agreement and a Contract or fail to take any action necessary by you for delivery or receipt of the Products, the Products are deemed to have been delivered by Profile For Her Plus and Profile For Her Plus is entitled to:
(a) dispose of the Products as Profile For Her Plus may determine at its sole discretion and recover from you (in addition to the price) any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, disposal costs); or
(b) store the Products until final delivery at your sole risk and expense (including for loss or damage caused by Profile For Her Plus, your or the carrier’s negligence), whereupon you are liable for all related costs and expenses (including, without limitation, storage, transit, re-delivery and/or insurance) from the date and time of initial delivery.
12. Delivery to Businesses
12.1 This clause 12 also applies in relation to delivery of Products to all businesses (i.e. all non-Consumers) but not in respect of deliveries to Consumers.
12.2 The Products are at your sole risk (including for loss or damage arising out of your or the carrier’s negligence) on and from when the Products are made available by Profile For Her Plus for collection by its nominated carrier.
12.3 You are responsible for insuring the Products during delivery (and Profile For Her Plus is not required to insure the Products at any time).
12.4 The description, quantity and quality of any consignment of Products as recorded by Profile For Her Plus on dispatch from its premises is conclusive evidence of the description, quantity and quality of Products received by you on delivery unless you can provide conclusive evidence proving the contrary.
13. Title to and risk in Goods
13.1 Products are at your sole risk from the time of delivery.
13.2 Ownership of, and title to, Products only pass to you when Profile For Her Plus receives full payment of all sums due in respect of the Products, including delivery charges. You are not entitled to sell the said Products, or use them as components in any system manufactured and subsequently sold, during the time that they remain the property of Profile For Her Plus.
13.3 Until ownership of, and title to, the Products has passed to you, you will:
(a) hold the Products on a fiduciary basis as Profile For Her Plus bailee;
(b) store the Products (at no cost to Profile For Her Plus) separately from all your or any third party’s other goods and products in such a way that they remain readily identifiable as Profile For Her Plus property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(d) maintain the Products in satisfactory condition and, if you are not a Consumer, keep them insured on Profile For Her Plus behalf for their full price against all risks to the reasonable satisfaction of Profile For Her Plus. On request, you will promptly produce the policy of insurance to Profile For Her Plus.
13.4 Profile For Her Plus may immediately recover any Products delivered to you which are still owned by Profile For Her Plus if you breach any terms of this Agreement or if a Termination Event occurs.
13.5 If you fail to pay in full for Products delivered to you, Profile For Her Plus will be entitled to claim against you for the price despite the fact that ownership and/or title in the Products has not passed to you.
13.6 This clause 13 does not entitle you to return the Products and refuse or delay payment on the grounds that property and/or title have not passed.
13.7 You hereby grants Profile For Her Plus, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
13.8 Each provision in this clause 13 is separate and independent of the other provisions and is severable.
14. Price and Quotes
14.1 All amounts quoted on this Website and in any communication issued in response to an order submitted by you (including the Purchase Confirmation) are, and are to be paid, in euro (€).
14.2 The price of any Products, unless a specific quote is given by Profile For Her Plus or an error is identified in the order acknowledgment or Purchase Confirmation, is as quoted in this Website from time to time, except in cases of obvious error. Profile For Her Plus reserves the right to increase its quoted prices for Products made to your specifications, with non-standard specifications or clearly personalized for you.
14.3 Any quotation is valid on its date of issue only and can be revoked by Profile For Her Plus at any time. Any quotation is given by Profile For Her Plus on the basis that no Contract comes into existence except in accordance with clause 6.
14.4 The prices for the Products include VAT but exclude delivery costs, which will be added to the total amount due and payable by you.
14.5 Catalogues, price lists and other advertising literature or material used by Profile For Her Plus are intended only as an indication as to the price and range of the Products offered and no prices, descriptions or other particulars contained in them are binding on Profile For Her Plus.
14.6 Prices and delivery charges are liable to change or variation at any time in accordance with clause 22, but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.
14.7 This Website contains a large number of Products and it is always possible that, despite Profile For Her Plus efforts, some of the Products listed on this Website may be incorrectly priced. If a Product’s correct price is higher than the price stated on our Website or quoted to you, Profile For Her Plus normally, at its discretion, either contacts you for instructions before dispatching the Product, or rejects your order and notifies you of such rejection.
14.8 Profile For Her Plus is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you a Purchase Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
15. Payment
15.1 You will pay to Profile For Her Plus in euro (€) and in full the price (including delivery charges and VAT, if applicable) in consideration of the supply of the Products pursuant to this Agreement and a Contract (without any abatement, deduction, withholding, counterclaim or set-off). No payment is deemed to have been received until Profile For Her Plus has received cleared funds.
15.2 Payment for all Products must, subject to clause 15.3, be made by credit or debit card in advance via the Website or the Customer Sales Centre. Profile For Her Plus accepts payment with VISA, VISA Debit, and Laser. Profile For Her Plus will not charge your credit or debit card until we accept your order, although we may confirm with your card provider that you have sufficient funds set aside for the purchase before accepting your order.
15.3 Businesses and public bodies only are entitled to apply for a credit account.
15.4 Profile For Her Plus may, at its absolute discretion, approve or reject an application for a credit account and may, at its absolute discretion, terminate or suspend an approved credit account from time to time. Profile For Her Plus reserves the right to require any applicant for a credit account to provide whatever information Profile For Her Plus requires in connection with the approval process including a credit history and referees who may be contacted by Profile For Her Plus.
15.5 Payment for all Products under an approved credit account must be made within the period stated in the invoice (which, in all cases, will be no more than thirty (30) days from the date of issue of the invoice) and by whatever method, if any, required by Profile For Her Plus.
15.6 Time for payment is of the essence. If you do not pay the full price (including delivery charges) by the due date in cleared funds, Profile For Her Plus is entitled to stop delivery of the Products and charge you daily interest (both before and after judgment) on the outstanding balance at a rate of four per cent (4%) above the European Central Banks main refinancing operations rate from time to time from the date the payment was first due and owing.
15.7 If any payment from you is overdue, Profile For Her Plus is entitled, without prejudice to any other right or remedy, to suspend all further deliveries or supplies of Products under any Contract without notice.
15.8 Profile For Her Plus reserves the right at its absolute discretion to require payment prior to delivery or to alter the terms of payment from time to time.
15.9 All payments payable under any Contract become immediately due upon its termination despite any other provision.
16. Termination, Third Party IP and IP Exports
16.1 Each Contract is discharged by performance by Profile For Her Plus. Profile For Her Plus may terminate this Agreement and/or any Contract (or any part of a Contract) immediately by notice in writing to you if:
(a) you fail to pay in full any sum due by the required date;
(b) you breach any term or condition of this Agreement (whether repudiatory or not) which is incapable of remedy or which, if capable of remedy, is not remedied within seven (7) days of Profile For Her Plus writing to you and asking you to remedy the breach;
(c) any authorization, contract, consent or license required by Profile For Her Plus or necessary to supply the Products is terminated or revoked or cannot be obtained;
(d) Profile For Her Plus is expressly entitled to do so under another term of this Agreement;
(e) if you are contracting as a Consumer, you become bankrupt or die.
(f) you cease or threaten to cease to trade;
(g) you encumber or in any way charge any of the Products in a manner inconsistent with Profile For Her Plus rights under clause 13;
(h) you have a petition presented for your winding up; a liquidator appointed to you or a receiver or an examiner appointed to you or over part or all of your assets; you enter into a composition with your creditors (save for the purposes of a bona fide reconstruction or amalgamation); you are unable to pay its debts as they fall due; and/or you suffer any event similar to the foregoing in any other jurisdiction; and/or
(i) you breach or are reasonably suspected by Profile For Her Plus as having breached Irish, European, US and/or other applicable export control laws,
(each and all of which are “Termination Events”).
16.2 You may terminate this Agreement and/or any Contract (or any part of a Contract) immediately by notice in writing if any of the circumstances described in clause 16.1(h) applies to Profile For Her Plus.
16.3 You must pay all sums due and owing to Profile For Her Plus in respect of a Contract which has expired or terminated, immediately upon such expiration or termination. The termination or expiration of any Contract (or part of a Contract) does not affect your obligation to pay for remaining Products to be supplied by Profile For Her Plus to you under another Contract (or the remaining part of a Contract).
16.4 Except as expressly stated in this Agreement, on any expiration or termination (for whatever reason) of a Contract, all rights and obligations of either party in respect of each other pursuant to the Contract immediately end. The accrued rights and remedies of the parties as at termination or expiration of a Contract or this Agreement, or the continuation or commencement after such termination or expiration of any provision expressly stated to survive or implicitly surviving termination or expiration will not be affected or prejudiced by the termination or expiration of any Contract or the Agreement.
16.5 Profile For Her Plus does not own the Intellectual Property in any Products (including any software in them) manufactured by third parties which Profile For Her Plus resells and, as a result, Profile For Her Plus only transfers to you a license to use such Intellectual Property to the extent that it has the power to do so and, subject to the terms of this Agreement, without any representation and/or warranty from Profile For Her Plus in relation to the validity of such Intellectual Property or the manufacturer’s right to such Intellectual Property.
16.6 You agree to comply with and adhere to the terms of any applicable license of a third party manufacturer or software licensor in respect of any Intellectual Property comprised in the Products and not to use such Intellectual Property for any purpose other than the intended and licensed purpose.
16.7 If you do not agree to the terms of any applicable license of a third party manufacturer or software licensor relating to Intellectual Property comprised in the Products, you must not accept that license and should immediately return the relevant Product to Profile For Her Plus at your sole cost and risk. Any Products returned in this way will be dealt with in accordance with clause 9 and/or 18, as applicable.
18. Return’s policy
18.1 Profile For Her Plus will comply with its returns policy ———- return policy link here——————— the warranty given in clause 17, where applicable, and its legal statutory obligations in relation to repairs, replacements and refunds including those under the Sale of Goods Act 1893 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
18.2 When returning Products, you are asked to comply with Profile For Her Plus returns police ———— return policy link here ——————-and this is a requirement for non-Consumers.
18.3 You are required to return Products to Profile For Her Plus, at your sole cost and risk if they are returned in accordance with clause 9 under the cooling-off period.
18.4 If you return Products to Profile For Her Plus:
(a) because you have sought to cancel a Contract in accordance with clause 9 within the cooling-off period, Profile For Her Plus will consider the circumstances and will notify you if you are entitled to a refund within a reasonable period of time in accordance with its legal obligations; or
(b) for any other reason, Profile For Her Plus will consider the circumstances and will notify you of its decision in relation to your rights within a reasonable period having regard to your statutory rights and Profile For Her Plus returns policy.
18.5 If you are entitled to a refund or reduction in the price, Profile For Her Plus will usually return any money to you using the same method originally used by you to pay for the purchase. Profile For Her Plus will usually process a refund or reduction due to you as soon as possible and, in cases where you exercise your right of cancellation under clause 9, within thirty (30) days of the day Profile For Her Plus received notification of cancellation, subject to receipt of the returned Product.
18.6 If you return a Product to Profile For Her Plus which falls outside the ambit of the warranties and your rights in clause 18.1, Profile For Her Plus will notify you of this and will return the Product to you at your sole cost and risk and you will be liable to pay Profile For Her Plus for the time incurred by Profile For Her Plus in inspecting the Product in accordance with our returns policy, and any charges incurred by Profile For Her Plus as a result of your failure to initially deal directly with the manufacturer in accordance with its instructions.
18.7 Profile For Her Plus asks that you obtain an RMA Number for any returns by completing an RMA form in accordance with our returns policy. Any Product returned by a non-Consumer to Profile For Her Plus without a valid RMA Number will be left in Profile For Her Plus warehouse for collection by you and, if not collected within thirty (30) days of its receipt, subsequently disposed of as Profile For Her Plus sees fit. Profile For Her Plus is not responsible in any way whatever for any Product returned by a non-Consumer without a valid RMA Number.
18.8 This clause does not effect your statutory rights.
19. Liability
19.1 Profile For Her Plus liability:
(a) in respect of death or personal injury caused by Profile For Her Plus negligence or breach of duty;
(b) in respect of fraud or fraudulent misrepresentation;
(c) arising by virtue of the Liability for Defective Products Act 1991; and/or
(d) which cannot be limited or excluded pursuant to applicable law,
is not in any way excluded or limited by this Agreement despite any other provision of this Agreement.
19.2 If you are dealing as a Consumer, nothing in this Agreement excludes any conditions implied pursuant to sections 12, 13, 14 and 15 of the Sale of Goods Act 1893 and/or your rights under the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
19.3 The Products which Profile For Her Plus sells are generally Products manufactured by third parties. Subject to clause 19.1 and 19.2, any Products (or part of them, as the case may be, including without limitation, any Intellectual Property comprised in the Products) supplied to you by Profile For Her Plus pursuant to this Agreement which were manufactured by a third party carry only the warranty (if any) of the relevant third party manufacturer and you are only entitled to the benefit of that warranty to the extent that Profile For Her Plus has the power to pass through the benefit of such third party’s warranty to you.
19.4 Profile For Her Plus, subject to clauses 19.1 and 19.2, excludes all terms, conditions, warranties and representations, whether expressed or implied by statute or common law, to the fullest extent permitted by applicable law including, without limitation, all terms, conditions, warranties and representations implied by section 39 of the Sale of Goods and Supply of Services Act 1980 and sections 13, 14 and 15 of the Sale of Goods Act 1893 (but not in any case that implied pursuant to section 12 of the Sale of Goods Act 1893).
19.5 Profile For Her Plus, subject to clause 19.6, is responsible for any direct losses you suffer which were reasonably foreseeable to both you and Profile For Her Plus when a Contract for the sale of Products by Profile For Her Plus to you was formed in accordance with this Agreement subject to a maximum amount which shall be no greater than the amount paid by you for the relevant Product.
19.6 Profile For Her Plus, subject to clause 19.1 and 19.2, is not liable or responsible for any of the following, whether arising directly or indirectly and irrespective of whether it was advised of the possibility of them in advance:
(a) loss of actual or anticipated profits or loss of sales;
(b) loss of business, business opportunity, investment or customers;
(c) loss of actual or anticipated revenue or savings;
(d) loss of, damage to, or reduction in value of, goodwill or reputation;
(e) loss of, or loss of use of, or damage to, any software or data or equipment (including computer equipment);
(f) loss and/or liabilities arising under or in relation to any other contract; and/or
(g) economic, consequential, exemplary, punitive, special, or incidental damages or losses.
19.7 Each of the sub-clauses contained in this clause 19 is capable of surviving separately and independent of each other. You acknowledge and agree that the price payable by you to Profile For Her Plus in respect of Products are based upon the assumption that Profile For Her Plus liability is limited and/or excluded in the manner set out in this clause 19 and this Agreement and that such limitation or exclusion is fair and reasonable taking into account the value and price of the Products and your ability and right to source the Products elsewhere or not to purchase them.
20. Force Majeure
20.1 Neither party is liable to the other party for any delay or non-performance of its obligations under a Contract arising from any cause or causes beyond its reasonable control (a “Force Majeure Event”).
20.2 A Force Majeure Event includes any act, event, omission, accident or other circumstances beyond a party’s reasonable control and includes, in particular and without limitation, the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) lack of or inability to use railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) lack of or inability to obtain power, supplies or resources;
(f) lack of or inability to use public or private telecommunications networks; and/or
(g) the acts, decrees, legislation, regulations or restrictions of any government.
20.3 A party’s performance under any Contract is deemed to be suspended for the period that a Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Each party will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure event continues for a period in excess of three (3) months, either party will be at liberty to terminate the Contract without incurring any liability whatever for any loss or damage arising therefrom.
21. Data protection
21.1 You agree that Profile For Her Plus may process any personal data you supply to it in connection with the performance of this Agreement and any Contract as well the maintenance of its relationship with you. Please note that Profile For Her Plus may use the services of a third party data processor in connection with the supply of Products to you and processing of payments. It may also provide your personal information to manufacturer where necessary in connection with the performance of your Contract.
22. Variation of Prices / Agreement
22.1 The Agreement may be amended by Profile For Her Plus from time to time. Profile For Her Plus envisages that it will normally post any proposed variations to this Agreement on this Website thirty (30) days prior to the variation of this Agreement taking effect. Variations to the Agreement will not take effect during this notice period. If you do not accept the varied Agreement, you should not purchase any Products from Profile For Her Plus to which the varied Agreement applies.
22.2 The prices and delivery charges for Products may be increased or decreased without any notice whatever. However, the prices variation will not apply to any Products for which we have already issued a Purchase Confirmation.
24. Definitions
24.1 In this Agreement, the following capitalized terms and expressions have the following meanings:
“Agreement” has the meaning given to it in clause 1.1
“Consumer” means a natural person who is acting for purposes which are outside that person’s trade, business or profession.
“Contract” has the meaning given to it by clause 6.3.
“Customer Sales Centre” means a customer sales center operated by Profile For Her Plus through which you may submit orders by telephone for Products.
“Delivery Point” has the meaning given to it in clause 11.1.
“Purchase Confirmation” has the meaning given to it in clause 6.3.
“Profile For Her Plus” has the meaning given to it in clause 2.
“Intellectual Property” means any intellectual property including, without limitation, any copyright works and related rights (including copyright in computer software and databases), database rights, discoveries, concepts, domain names, patents, trade secrets or other processes, technologies, know-how, inventions, ideas, improvements, information, trade secrets, logos, designs, trademarks, service marks, topography and semi-conductor chip rights, confidential information, business names and all similar rights anywhere in the world existing now or in the future (whether any of the foregoing is registered or unregistered and including any application or right of application or right of renewal in relation to any of them).
“Products” means any goods and/or products listed on this Website from time to time, purchased via the Customer Call Centre and/or supplied to you by Profile For Her Plus including, without limitation.
“RMA Number” means a return to manufacturer authorization number allocated to a Product by Profile For Her Plus in accordance with its returns policy.
“Termination Events” has the meaning given to it in clause 16.1
“Website” has the meaning given to it in clause 1.1.
24. Miscellaneous
25.1 The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include firms or companies. The section headings to the clauses in this Agreement are inserted for convenience of reference only and are not a part of, and do not or affect the construction or interpretation of, this Agreement.
25.2 You may not assign this Agreement and any Contract formed under it, in whole or in part, without Profile For Her Plus’s prior written consent, which consent will not be unreasonably withheld.
25.3 The exercise by Profile For Her Plus of any of its rights under this Agreement is without prejudice to any of its other rights and remedies. The provisions of this Agreement may only be waived by either party in writing by express reference to this sub-clause. No delay, neglect or forbearance on the part of either party in enforcing any provision of this Agreement is a waiver, or in any way prejudices any right of a party under this Agreement. A waiver by a party of any breach of any of the provisions of this Agreement does not constitute a general waiver of such provision or of any subsequent act contrary to it.
25.4 The contents of any documents referred to in this Agreement form an integral part of this Agreement and have as full effect as if they were incorporated in the body of this Agreement. If any conflict or inconsistency arises between the provisions of this Agreement and any documents referred to in it, the provisions of this Agreement take precedence except if the document expressly provides otherwise.
25.5 Each Contract represents the entire understanding of the parties concerning its subject matter and, except as expressly provided in this Agreement, overrides and supersedes all prior and contemporaneous promises, representations, understandings, arrangements, and agreements concerning the same (whether written, oral or implied) which are hereby revoked by mutual consent of the parties. This sub-clause does not exclude any liability for fraud, misrepresentations and/or fraudulent misrepresentations.
25.6 If any provisions of this Agreement are held to be unenforceable, illegal or void in whole or in part by a court of competent jurisdiction or a competent authority, the remaining portions of the Agreement will remain in full force and effect to the fullest extent permitted by applicable law.
25.7 Profile For Her Plus may assign, novate and/or transfer its rights and obligations (or any part of them) under this Agreement and any Contract to (i) any company within the group of companies to which Profile For Her Plus belongs from time to time and/or (ii) any third party purchaser of same and/or Profile For Her Plus and/or of their assets, (or any part or parts thereof) provided it has no detrimental effect to you. You agree to do all reasonably things necessary to affirm any such acts, at the reasonable cost of Profile For Her Plus.
25.8 This Agreement and any Contract formed under it are binding on and inure to the benefit of you and Profile For Her Plus and, as the case may be, their heirs, estates, successors and permitted assigns.
25.9 This Agreement and any matter or dispute concerning or arising out of it or any Contract is exclusively governed by Irish law and is subject to the exclusive jurisdiction of the courts of Ireland. This clause will not prevent Profile For Her Plus from making an application for injunctive relief or enforcement proceedings in any jurisdiction.
End.
Profile For Her Plus Website Terms of Use
3rd June 2020
Please read this Agreement carefully. It contains important clauses (which, in particular, limit our liability to you) which you should read before using this Website which, as outlined below, indicates your acceptance of this Agreement (and the documents referred to in it).
1. The Agreement
1.1 This page (together with the documents referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which you make use of these websites www.profileforherplus.ie and www. profileforherplus.ie (called the “Website”), whether as a guest or registered user.
1.2 This Agreement was last amended on 03.06.2020.
1.3 Please read the Agreement (including any documents referred to in it) carefully before starting to use this Website. By using this Website, you indicate that you (including any person, organization or entity on whose behalf you are acting) accept this Agreement (including any documents referred to in it) and that you agree to be bound by it.
1.4 If you do not agree to this Agreement, you must refrain from using this Website.
1.5 Profile For Her Plus recommends that you print or save a copy of the Agreement (including any documents referred to in it) for future reference.
1.6 The Agreement (including any documents referred to in it) may be revised from time to time by Profile For Her Plus. Therefore, the Agreement (including any documents referred to in it) should be read carefully each time that you intend to use this Website.
1.7 In this Agreement, “you” and “your” means both you and/or the person, organization or entity on whose behalf you are acting.
1.8 None of the provision of this Agreement will be interpreted so as to deprive you of any rights you have as a consumer under applicable mandatory law.
2. Information about us
2.1 This Website is operated by Profile For Her Plus (called “Profile For Her Plus” which expression includes its successors and assigns).
2.2 Profile For Her Plus is a registered business under the laws of Ireland with registered office at 47 Bank Place, Mallow, Co. Cork, Ireland. This is also Profile For Her Plus main trading address.
Profile For Her Plus VAT number is ………………….. Profile For Her Plus can be contacted at:
info[at]profileforherplus.ie
2.3 Any complaints can be addressed to Profile For Her Plus at the above address or contact details.
3. Serviced Countries
3.1 This Website is intended for use only by persons legally resident in Ireland.
4. Accessing the Website
4.1 Access to this Website is permitted on a temporary basis, and Profile For Her Plus reserves the right to withdraw or amend the service we provide on this Website without notice (see below). Profile For Her Plus is not liable if for any reason the Website is unavailable at any time or for any period.
4.2 From time to time, Profile For Her Plus may restrict access to some parts of this Website, or the entire Website, to users who have registered with Profile For Her Plus.
4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Profile For Her Plus security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Profile For Her Plus has the right to disable any user identification code or password, whether chosen by you or allocated by Profile For Her Plus, at any time, if in Profile For Her Plus opinion you have failed to comply with any of the provisions of this Agreement.
4.4 When using this Website, you must comply with the provisions of Profile For Her Plus acceptable use policy.
4.5 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this Agreement, and that they comply with it.
5. Intellectual Property Rights
5.1 One Web Solutions is the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from this Website for your personal reference and you may draw the attention of others within your organization to material posted on this Website.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Profile For Her Plus status (and that of any identified contributors) as the authors of material on this Website must always be acknowledged.
5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from Profile For Her Plus or its licensors.
5.6 If you print off, copy or download any part of this Website in breach of these terms of use, your right to use this Website will cease immediately and you must, at Profile For Her Plus option, return or destroy any copies of the materials you have made.
6. Registration
6.1 You are not required to register if you simply want to browse through the content on this Website.
6.2 However, registration is required to purchase goods or products through the Website. Registration is at the sole discretion of Profile For Her Plus. Only entities or persons legally resident in Ireland may register.
6.3 You will be asked to provide information such as your name, address, consumer / business status, telephone number, company name, position in company, department in company and email address in order to register. All information supplied must be complete and accurate and up-to-date. In addition, you must choose a user ID and password. Profile For Her Plus may restrict the user ID or password you can choose.
6.4 If Profile For Her Plus accepts your application for registration, you will be provided with an individual account.
6.5 Profile For Her Plus may at any time, without notice or reason, suspend or terminate your access to this Website, any service forming part of this Website or your account with Profile For Her Plus. Profile For Her Plus is not liable to you or any third party for any suspension or termination in this way.
7. Invitation to Make An Offer Only
7.1 The content of this Website does not constitute, and should note be construed as, the terms of a contractual offer. Rather, it is an invitation to you to make an offer to Profile For Her Plus to purchase the relevant good.
8. Reliance on Information Posted
8.1 While Profile For Her Plus endeavors to give reasonable reviews and information, commentary, reviews and other materials and information posted on this Website are not intended to amount to advice on which reliance should be placed. Profile For Her Plus therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Website, or by anyone who may be informed of any of its contents.
9. This Website Changes Regularly
9.1 Profile For Her Plus aims to update this Website regularly, and may change the content at any time. If the need arises, Profile For Her Plus may suspend access to this Website, or close it indefinitely. Any of the material on this Website may be out of date at any given time, and Profile For Her Plus is under no obligation to update such material.
10. Profile For Her Plus Liability
10.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by applicable law, Profile For Her Plus, other members of its group of companies and third parties connected to Profile For Her Plus hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of, or loss of use of, data, equipment or infrastructure;
(vi) loss of goodwill or reputation;
(vii) wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if Profile For Her Plus was advised in advance of the possibility of such loss or damage.
10.2 This does not affect Profile For Her Plus liability for death or personal injury arising from Profile For Her Plus negligence, nor Profile For Her Plus liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Information About You and Your Visit to this Website
11.1 Profile For Her Plus processes information about you in accordance with Profile For Her Plus privacy policy. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate, complete and not misleading.
12. Transaction Concluded Through this Website
12.1 Contracts for the supply of goods and products (and any software or technology incorporated or included in them) formed through this Website or as a result of visits made by you are governed by our terms and conditions of supply.
13. Uploading Material To Our Site
13.1 Whenever you make use of a feature that allows you to upload material to this Website, or to make contact with other users of this Website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify Profile For Her Plus for any breach of that warranty.
13.2 Any material you upload to this Website will be considered non-confidential and non-proprietary, and Profile For Her Plus has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Profile For Her Plus also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy.
13.3 Profile For Her Plus is not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Website.
13.4 Profile For Her Plus has the right to remove any material or posting you make on this Website if, in Profile For Her Plus opinion, such material does not comply with the content standards set out in our acceptable use policy.
14. Viruses, Hacking And Other Offences
14.1 You must not misuse this Website site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or by harvesting or unlawfully collecting information available on this Website. You must not attempt to gain unauthorized access to this Website, the server on which it is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
14.2 By breaching this provision, you may commit a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 and/or the Criminal Damage Act 1991. Profile For Her Plus will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
14.3 Profile For Her Plus is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
15. Linking To this Website
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage Profile For Her Plus reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Profile For Her Plus part where none exists.
15.2 You must not establish a link from any website that is not owned by you.
15.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. Profile For Her Plus reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
15.4 If you wish to make any use of material on this Website other than that set out above, please address your request to sales[at]crystalcomputers.ie
16. Links From this Website
16.1 Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Profile For Her Plus has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
17. Entire Agreement
17.1 This Agreement represents the entire understanding between you and Profile For Her Plus concerning the use of this Website and all prior promises, representations, agreements and understanding are hereby revoked. You confirm by using this Website in accordance with this Agreement that you have not relied on any representations or warranties that are not set out in this Agreement.
18. Assignment
18.1 You agree that we may transfer, assign, sub-license or sub-contract in any manner whatever any of our rights and obligations, in whole or in part, to a subsidiary or affiliate company, successor or any purchaser of all or any part of Profile For Her Plus assets.
19. Jurisdiction and Applicable Law
19.1 Ireland is the place of performance in respect of this Website. Profile For Her Plus does not represent that materials or goods displayed on this Website are appropriate or available for use outside of Ireland.
19.2 The Irish courts have exclusive jurisdiction over any claim arising from, or related to, a visit to this Website or any matter or dispute arising out of, or in connection with, a visit to this Website (although Profile For Her Plus retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country).
19.3 This Agreement and any dispute, claim or matter arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with Irish law.
20. Variations
20.1 Profile For Her Plus may revise this Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Profile For Her Plus makes, as they are binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on this Website.
21. Your Concerns
21.1 If you have any concerns about material which appears on this Website, please contact info[at]profileforherplus.ie
Thank you for visiting our Website.