Please take the time to read our Terms and Conditions shown below. It is also worthwhile having a look through our Privacy & Cookies Policies which apply to our website at oystersdirect.ie (hereafter referred to as “the website"). By accessing and using the Website and/or providing any personal information and/or ordering any product through the Website, you agree to be bound by them. If you do not agree with these terms and conditions, privacy policy or cookie policy. or are under 18 years of age then you should not access or use the Website or submit any personal information, or order any product through the Website.
TERMS AND CONDITIONS – USE OF THE WEBSITE
1. COPYRIGHT.
You may not use the content contained on the Website for any other reason than your own personal use, and you are not permitted to copy, transmit, reproduce, display, publish, share, modify, or distribute any content on the Website for any reason whatsoever.
2. OWNERSHIP
. All rights pertaining to the website, including trademarks, copyright, design rights and other intellectual property rights shown on the Website are either owned by us or licensed to us.
3. ACCURACY OF CONTENT.
We endeavour to ensure that the content shown on the Website is correct and up-to-date. However, occasionally mistakes do occur and we disclaim all representations and warranties, implied or express, that content shown on the Website is correct, up-to-date, and does not violate any rights of any third party.
4. DAMAGE TO YOUR DEVICE.
We go to reasonable lengths to ensure that the Website is free of harmful or malicious content, or viruses. That said, we are unable to guarantee that using the Website will not cause damage to your device. It is your own personal responsibility to ensure that you have appropriate security software and other such protection installed on your device. We will not be liable for damage or loss caused due to harmful or malicious content, from or via the Website.
5. LINKS TO APPROPRIATE WEBSITES.
We may from time to time provide links to other websites that we think may be of some interest to our visitors/customers. We are in no way responsible for these websites and have no power over their content.. We will not be held liable for any
loss or damage caused as a result of malicious or harmful content, or viruses from any of these websites. We will not be responsible for any personal information that these linked websites may collect, use and/or store. It is your own responsibility to familiarise yourself with the privacy policies, cookie policies, and terms and conditions of any website which you visit.
6. WEBSITE SECURITY.
Any of your data which can be transferred over the Internet can never be guaranteed as totally secure. We cannot guarantee the security of any personal data which you will send via the Internet, to the Website.
7. OUR ONLY AGREEMENT.
These Terms and Conditions, Privacy Policy, and Cookies Policy, are the only agreement between you and ourselves.
8. IRISH LAW.
Any problem or issue that comes out of your use of the Website will be governed by Irish law and subject to the jurisdiction of the Irish courts. We are required not to enter into a contract with a person who is under 18 years of age. By using and accessing the Website, transmitting personal information and/or placing an order for any product, you declare that you are over 18 years of age.
9. CHANGES
We uphold the rights to amend and update these Terms and Conditions, Cookies Policy, and Privacy Policy whenever we deem it to be appropriate and without any notice.
TERMS & CONDITIONS OF SALES
1. DEFINITION OF PRODUCTS.
For the purposes of these Terms and Conditions of Sale, a “perishable” product is a food product which has been prepared, packaged to order, and should include a “use by” date marked on the label of the shellfish which will expire six weeks or less from the delivery date, or state “must be alive when sold”.
2. PHOTOGRAPHS AND INFORMATION
2.1 Photographs and information contained on this website has been published in good faith and we will endeavour to ensure that it is always accurate and up to date. Despite this, the information contained may occasionally be inaccurate or incomplete due to human error or circumstances which we cannot control, and we disclaim all warranties and representations, express or implied, that content shown on the Website is correct, timely and will not infringe the rights of a third party.
2.2 The prices on this website are in Euro. We may change prices and add/remove offers at any time which we deem necessary/appropriate and without prior notice.
3. YOUR PERSONAL DETAILS.
You may need to register with the website and provide personal details during the sale process in order to purchase our oysters. You will be asked to enter certain information (for example your name, address, email, and/or telephone number) and it is your responsibility that this information which you provide is true, correct and complete.
4. AGE RESTRICTIONS.
4.1 We will not, to the best of our ability knowingly sell any products to persons under 18 years of age.
5. ACCEPTANCE OF ORDERS.
5.1 Your order is an offer to us to buy from us, through our website. By placing your order, you acknowledge and agree that we reserve the right, if we deem it appropriate to do so, to refuse to accept your order at any time, without any notice and for any reason, and we shall accept no liability for having done so.
5.2 After you have placed an order, we will send you an email to confirm that we have received your order ('Order Completed'). Following this, we will send you an email to confirm that we have completed processing your order ('Order Processed'). These emails will not be an automatic acceptance of your order by us, as we will then need to do stock checks and carry out other appropriate checks. Our acceptance of the order, and our completion of the contract between the customer and ourselves will take place when the order has been dispatched, and we will send you an email when this stage is completed. ('Order Dispatched'). We reserve the right to dispatch multiple products on your order separately if we deem it appropriate to do so.
5.3 The order details will be held by us. If you need information about any orders which you have placed with us, you can contact us via any of the methods on our contact page.
6. ACCEPTED PAYMENT
6.1 We accept payment for all orders in Euro.
6.2 We accept payment by Credit Card, Debit Card, PayPal, and Voucher Codes.
6.3 By placing your order, you confirm that the payment details provided by you are yours, and that they are valid and correct.
6.4 All payment details are collected, processed, stored and accepted by PayPal's merchant payment gateway system. PayPal is approved under the Payment Card Industry Data Security Standards.
6.5 All Debit Card, Credit Card, and PayPal payment details are subject to validation checks and authorisation by your bank, card issuer, or PayPal.
7. DELIVERY
7.1 Normal delivery for orders shall generally occur between 8am and 6pm, Tuesday to Friday (excludes public holidays) to most delivery addresses in mainland Ireland by couriers. We reserve the right to use alternate delivery methods without prior warning, should the need arise. Wherever possible, delivery of your order will occur on the specified and agreed delivery day. Occasionally, due to the nature of the courier/delivery business, delays and/or mistakes will occur during transit and we cannot guarantee that the courier will deliver the parcel on the agreed day and time of delivery as this is outside of our control.
7.2 It is your own responsibility to ensure that yourself, or nominated person are available at the delivery address to receive and accept the parcel that contains your order.
7.3 If at the time of attempted delivery, the courier decides that it is inappropriate or unsafe to leave the parcel with a person present at the delivery address for any reason they deem appropriate, then you are in agreement that the courier should return the parcel to the courier’s local depot or collection point and the delivery is from that point your responsibility to collect from the courier's local depot or collection point in agreement with the courier company and you should bring photo ID at the time of collection.
7.4 All risk contained in your order will pass on to you from the point when the parcel is delivered to you or a nominated person at the delivery address, or returned to the courier local depot for your collection.
7.5 We will not accept responsibility and we will be under no liability for any delay to your order, should the delay be caused by circumstances which are out of our control.
7.6 In the unlikely event that your order has not been delivered to your delivery address, or returned to the couriers depot for you to collect, you are obligated to exhaust the complaints procedure of the responsible courier company who is responsible for delivery of your order before you will make any claim against us.
7.7 If you have exhausted any rights against the responsible courier company, our liability in respect of failure to deliver is restricted to the value of the contents of the parcel to which the claim pertains.
7.8 Certain shellfish or products may not be available for delivery to certain areas or specific addresses for logistical, legal or other valid reasons. While we endeavour to provide an accurate and timely service to the entire mainland Ireland, we reserve the
right to define what can and cannot be delivered to particular areas/addresses on mainland Ireland.
8. WEIGHT
Where shellfish is sold through this website by weight, the weight of these products will be expressed by the kilogram or in another deemed appropriate unit of measurement within approximate weight range, or of an approximate individual size. We will be unable to confirm the weight of the shellfish you ordered, as the weight may vary as the individual shellfish is prepared to order. The shellfish will be weighed at the time of packaging, and the final total weight will be shown on the product label.
9. AVAILABILITY
All shellfish and products are subject to availability.
10. SUPPLY
10.1 On occasion despite our best efforts, the supply of the shellfish you ordered may be delayed or stopped for reasons which are beyond our control. We will not be under any liability for any failure or delay, if such failure or delay is either completely or partly attributable to circumstances beyond our reasonable control.
10.2 If we are unable to supply the shellfish you ordered due to supply difficulties, we will not accept your order and we will keep you informed by email.
11. INCORRECT SUPPLIES
11.1 We take appropriate and reasonable care in order to ensure that the shellfish you ordered is supplied correctly. If the shellfish you receive has been incorrectly supplied please inform us as soon as possible by any one of the means of contact on our contacts page.
11.2 If you inform us that the shellfish you received has been supplied incorrectly, we will investigate the matter without delay. If we discover that the shellfish has been supplied incorrectly, we will arrange collection of the incorrect order, and substitute the incorrect order with the correct order; or if this is not possible, we will then refund you for the incorrectly supplied order as soon as reasonably possible. All refunds will be made by the same method as which payment was received.
12. CANCELLATIONS, AMENDMENTS, REFUNDS AND RETURNS.
12.1 All orders are prepared and packed fresh to order. Your order will get the hand-prepared and packaged individual attention which it deserves.
12.2 If you need to cancel an order, you should notify us by any of the means on our contact page up to 5.00pm on the day before dispatch.
12.3 If you need to amend an order, you should notify us by any of the means on our contact page up to 5.00pm on the day before dispatch.
13.4 All orders are perishable and packed fresh to order, and cannot be refunded or returned, except in accordance with your legal rights.
13.5 It will not be possible for you to amend or cancel an order after your order has been dispatched.
14. QUALITY
14.1 We take great pride in our shellfish, and endeavour to ensure that your order reaches you in excellent condition. In the unlikely event that you are unhappy with the quality of the shellfish you received, you should notify us by any of the means on the contact page immediately upon delivery.
14.2 We endeavour to ensure that your order is of excellent quality. If the shellfish you received is unsatisfactory, please notify us by any of the means on the contact page immediately upon delivery.
14.3 As soon as we receive contact from you to inform us that the shellfish you received is of unsatisfactory quality, we will conduct an investigation into what has gone wrong. We may ask you for photographic evidence of your unsatisfactory order. We may also ask you to return the order to us so that our company along with our suppliers may investigate the matter further. If after this investigation we find that the order you received is indeed of unsatisfactory quality; we will replace the order; or if the replacement of the order is not possible, we will provide a full refund as soon as possible. All refunds will be made by the same method as which we received payment from you.
15. HEALTH RISK
15.1 Shellfish is to be consumed entirely at your own risk.
15.2 Shellfish supplied is fresh and never frozen. Oysters may be eaten raw or cooked, by healthy individuals.To reduce any risk of food-borne illness, we recommend that you cook your oysters to an internal temperature of 60ºC (140ºF) for a minimum of six minutes.
15.3 You should not consume shellfish if you are in poor health, or if you are allergic to any seafood, or if you are pregnant, or for very young children, or if you are an older person,.
15.4 If you are in any doubt as to whether or not you should consume any shellfish, you should consult with your doctor for advice. If you are ever unwell after you’ve eaten shellfish, you should contact your doctor for advice. For further information, please seek professional advice from your doctor or your local health board.
15.5 Opening and shucking oysters is entirely at your own risk. For information on how to shuck oysters, you can watch reputable videos on www.youtube.com that show how to shuck oysters safely and properly using a chainmail glove and a good
quality oyster knife. You can also open oysters by grilling or baking them. After a few moments the shells will open, and you can then open them with a regular blunt dinner knife.
16. OUR LIABILITY
16.1 We cannot be held liable if for any reason the website is temporarily unavailable at any time or for any length of time. Occasionally, we reserve the right to restrict access to the whole or part of the website.
16.2 We will endeavour to ensure that the details of your order and payment are kept secure. However unless due to our negligence, we cannot be liable for any loss you may suffer should any third party procure unauthorised access to personal information provided by you while accessing and/or ordering from the website.
16.3 You must follow any advice which we give you to store the shellfish correctly and safely. (including any instructions provided). We will not accept any liability for damage to the shellfish we have shipped to you which has been caused by your lack of due care and adherence to any advice which we have provided.
16.4 We are responsible only for a loss that can be deemed to be a reasonable consequence of our own breach of these Terms and Conditions. We cannot be held liable to you if we are stopped, prevented, or delayed in complying with our own obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) may do, or fail to do or due to any circumstances beyond our own reasonable control.
16.5 We disclaim all liability for and any consequential loss arising from, or in connection with, the services supplied by any of our suppliers, or any courier company which we may use, or its agents. For the purpose of these Terms and Conditions, “consequential loss” includes but is not limited to: loss of profits, economic loss; loss incurred by a third party; loss of any goodwill and reputation; loss of opportunity; loss of revenue; and loss of work/employment.
16.6 These Terms and Conditions do not limit our own liability for death or personal injury caused by our negligence.
17. OTHER TERMS
17.1 These Terms and Conditions make null and void any other terms and conditions made to you by us, and any other statements or representations communicated by us to you whether verbal, written or otherwise.
17.2 You are not permitted to transfer, assign or sub-contract any of your rights or obligations under these terms and conditions to any third party unless you obtain from us, prior written permission.
17.3 We may transfer, assign or sub-contract any of our obligations or rights under these terms and conditions to any third party at our own discretion should we feel the need to do so.
17.4 Delays by us to exercise any remedy or right under these terms and conditions does not represent, constitute or operate as any form of waiver of any right or remedy or shall affect our ability to exercise that remedy or right. Any waiver of any right or remedy under these Terms and Conditions must be by prior agreement and in writing.
17.5 If any of these terms and conditions are found to be in any way illegal, unenforceable or invalid by a court of competent jurisdiction, the remainder of these terms and conditions will remain in full force and effect.
17.6 Only you and we will be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
17.7 These terms and conditions are governed by Irish law. Should any matter or dispute arising out of or in connection with these terms and conditions, you and we shall adhere to the jurisdiction of the Irish courts.
17.8 We review and amend our terms and conditions periodically. You are subject to the terms and conditions in force at the time in which a contract is formed between you and us as set out above.
Updates and changes which we make to these terms and conditions will be posted on the website, and if we deem it appropriate, they will be notified to you by email. Please visit these terms and conditions regularly. These terms and conditions were created November 2018. If you wish to contact us regarding our terms and conditions, please contact us via any of the means on the contact page.
