Our Terms of Use

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

Use of this web site is subject to the terms of these terms and conditions and any other rules or policies that may be published on this web site. Delivery Details Returns Policy Please read these terms and conditions carefully before using this site. By using this web site, you agree to be bound by all of these terms and conditions. Pixy Online reserves the right to modify these terms and conditions from time to time, and without notice to you.

SPECIFICATION

All descriptive matter, drawings, pictures, colours, specifications and advertising on the Pixy website are for the sole purpose of giving an approximate description of the products.

COPYRIGHT – RESTRICTIONS ON USE

The materials and content displayed on this web site, including but not limited to text, software, graphics, video, music, sound, names, logos, trademarks and service marks are the property of Pixy Online, its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws. By using this site, you acknowledge that the site contains proprietary and confidential information of Pixy Online, its affiliates or licensors. Any such materials or content may be displayed solely for your own personal, non-commercial use. You agree not to modify, reproduce, transmit, distribute, disseminate, sell, publish or broadcast any such material or content without the written authorization of Pixy Online or the appropriate affiliate or licensor.

PERMITTED USE

Any copying, distribution or republication of any content is expressly prohibited without the prior written authorization of Pixy Online.

THE CONTRACT

You have to be 18 or over to order from this website. In doing so you agree to give: Your real name, your email address and your billing address.

Once you have clicked on the “Checkout” button, you have made a binding offer for the sale of goods. Your offer at this stage is still subject to our acceptance. In order that we may accept your offer, we obtain an authorisation from your credit card company for the amount detailed on the order summary page. We are not taking funds from your card at this stage, although the amount available for you to spend will be reduced by the authorisation. This is a normal process with the banks. If your credit card should not give an authorisation, your order will not be processed further.

We are deemed to have accepted your offer, and a corresponding contract of sale for the products you have ordered is concluded between you and Pixy Online only upon those products being shipped to you, as detailed in the dispatch confirmation email.

The contract between you and us is legally binding. Your order constitutes an offer to us to buy a product. This does not affect your statutory rights. If we believe a customer acts against our terms and conditions, we reserve the right to cancel or suspend their order. This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain email addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.

Ownership of the products will only pass to you when we have received full payment.

A person who is not party to the contract shall not have any rights under or in connection with it.

PRICES

Prices quoted are inclusive of VAT. The price listed on this website will be as stipulated at the time when you place your order on this website. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission, the price on this website is wrong. We reserve the right to change prices on this website at any time without notice.

DELIVERY

If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. At the time of delivery you may be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.

DISCLAIMER OF WARRANTIES

The information contained in this website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Pixy website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through this website or from third parties will be correct, accurate, timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

Your use of this web site is at your own risk. Pixy Online makes no representations or warranties of any kind, express or implied, as to the operation of this site, its contents, any information made available on this site, or other materials and services offered on this site. Pixy Online disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, title, fitness for a particular purpose or occasion and non-infringement with respect to all of the foregoing. Pixy Online does not warrant that use of this site will be uninterrupted, secure or error-free, that messages or requests will be delivered, that defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that this website is virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. By using this site, you agree that any material and/or data downloaded or otherwise obtained from this site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We do not give any warranties as to the compatibility of this website with your computer systems, software and/or hardware.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Pixy Online its affiliates, licensors or other third parties mentioned on this site be liable for any damages whatsoever including but not limited to direct, indirect, incidental, punitive or consequential damages (including those resulting from lost profits, lost data or business interruption) arising out of the use of this site, or any web sites linked to this site or other materials or services offered on this site.

PRODUCT REVIEWS

Pixy Online welcomes feedback on your experience with our products. We will publish both positive and negative reviews, so long as the product reviews are accurate and constructive. Should you post a review that we do not publish, our customer service department will contact you in order to improve our product quality and service. We also reserve the right to edit your reviews for length, spelling, etc., and to post your comments in emails and other marketing materials. We really appreciate you taking the time to share your thoughts with other Pixy customers.

You are solely responsible for any content (in whatever form) that you upload, publish, display, post on, or transmit to or share with other users on this website and we accept no responsibility in relation to the same.

You agree that we are under no obligation to pre-screen or control user content that is made available on this website and as such we do not guarantee the suitability, accuracy or quality of such content. However, we may take such action as we deem appropriate to deal with the posting of unsuitable user content, including suspending or cancelling your account, restricting your access to this website, or commencing legal proceedings against you.

Ownership of your user content, and any intellectual property and proprietary rights in your user content remains with you. However, by uploading, publishing, displaying, posting or transmitting user content on this website, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website.

You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; nor for any purposes related to marketing without our express written consent; nor to copy, publish or send mass mailings or spam; nor to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Irish and other applicable law. All material you copy, publish or send via this website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

You agree to indemnify us, our officers, employees or licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of any provision of this section.

By using this site, you agree to indemnify, defend and hold harmless Pixy Online and its affiliates, agents and licensors from any claim or demand made by any third party due to or arising out of anything you submit, post, transmit, upload or publish on this site.

TERMINATION

Pixy Online reserves the right to restrict or deny access to this site to any user, including those users that have previously had access. Furthermore, Pixy Online may terminate the services provided by this site with or without cause at any time and effective immediately.

RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, photographs, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by this website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

PRIVACY POLICY

We understand that customers are concerned about the security of their debit and credit card details. We take significant steps to protect all your information, and especially your payment details, using the latest technology. We take most major credit cards and Laser. Transactions are processed by Braintree Payment Gateway (a PayPal company) or PayPal itself. All credit card information is held in secure mode, encrypted and protected behind a firewall. We will never supply your personal details to any third party for any reason whatsoever. We only pass on your delivery and contact details and never give out your credit card. We understand that the details you supply us are only to allow purchasing to take place and we will protect that information and use it only for the purpose for which it was intended. We respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002.

The purpose of this website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this website. Naturally, if you are not happy with this website privacy policy you should not use this website. By visiting this website, you are accepting the terms of this website privacy policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites. Any changes to this website privacy policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use personal data in a manner significantly different from that stated in this website privacy policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

FORCE MAJEURE

We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident.

MODIFICATION OF TERMS

We reserve the right to change the terms of use or policies regarding the use of this website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on this website. It is your responsibility to check the most recent version of these terms and conditions.

ADVERTISING

We reserve the right at all times to place advertisements and promotions on this website. Advertisers and sponsors on this website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.

NON-PERSONAL DATA

We use the non-personal data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website. We will not disclose your personal data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements).

PERSONAL DATA

We will process any personal data you provide to us for the following purposes (a) to provide you with the goods or services you have ordered; (b) to contact you if required in connection with your order or to respond to any communications you might send to us; (c) to contact you with information on special offers or promotional information. We will disclose your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement. The nature of the internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the internet. No data transmission over the internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your personal data.

GOVERNING LAW

These terms and conditions and any disputes arising out of or relating to these terms and conditions or the services provided by this site shall be governed by and construed in accordance with the laws of Ireland.

You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

All of our policies are under constant review and may be amended at any time.