Donegal Memorials Terms and Conditions

Updated 24th July 2020

Introduction

These terms and conditions contain important information about your rights and obligations. By using this website you agree to be legally bound by these terms and conditions (and as they may be modified and updated on this website in future).

This website is operated by Cavern Design Ltd. trading as Donegal Memorials. Cavern Design Ltd. has its registered address at The Castle Centre, Bridge Street, Donegal Town. This website enables you to obtain information about the products offered by Donegal Memorials and to order those products.

Ordering and Purchase

Product pricing and the procedure for ordering, proofing, delivery and payment are displayed on this website. Payment by credit or debit card is required at the time of order. We offer a secure online payment facility or, should you prefer, we can take card payment by telephone. The prices shown for the various products is the price in force at the date and time of your order. When an order has been placed and paid for the price will not change unless changes are made to the order at a later stage before printing commences. We will inform you if any change is made to the price during the proofing and production process and you will be required to pay the increased price or receive a refund as appropriate. A non-refundable amount of €50 will be retained once an order has been placed and proofing work has commenced. At all times full payment, including delivery fees (if applicable) is required for work to begin on your order.

When your online order is accepted, you will receive a confirmation of payment to the email address you have given us. We will then commence work on your order and when ready will email you a proof of the item(s) you have ordered.

You undertake that all details you provide to us when ordering are correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product(s) involved. Should your payment fail or be declined, we will not commence work until this has been rectified.

Proofs

For each item ordered we will provide a proof to the email address you provided us with when ordering.

Proofs are supplied to allow you to confirm that the details supplied by you have been correctly reproduced.

Any errors made by Donegal Memorials in the production of a proof will be corrected free of charge.

However, if at the proof stage additions are requested by you to the text, photos etc. originally supplied, or if the design or layout are changed from that initially discussed, extra charges may be incurred.

Charges may also be applied if second or subsequent proofs are requested.

Please ensure that you check the final proof carefully as errors or omissions discovered subsequently will not be the responsibility of Donegal Memorials.

Returns

When you receive the printed item(s), you should check them carefully. If there are manufacturing errors and/or defects and/or the item(s) do not match the approved proof, you should notify us within 2 days of receipt of the item(s). We maintain the right to judge what a manufacturing error or defect is. If we accept that the printed item(s) are faulty or incorrect, we will reprint at no charge, or alternatively offer you a full refund.

Applicability of Online Materials
By using this website, you assume total responsibility and risk for your use of this website and use of all information contained within it.

Donegal Memorials have used all reasonable endeavours to ensure that this website complies with Irish law. However, we make no representations that the materials on this website are appropriate or available for use in locations outside the Republic of Ireland.

Donegal Memorials make no warranties, expressed or implied, that making the products offered available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the products are not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully permitted to purchase the products. Donegal Memorials accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright and Monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Cavern Design Ltd. trading as Donegal Memorials. You may download material from this website for the sole purpose of placing an order with Donegal Memorials or using this website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without prior written consent.

Linked Sites
Donegal Memorials make no representations whatsoever about any other websites which you may access through this website or which may link to this website. When you access any other website you understand that it is independent from Donegal Memorials and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Donegal Memorials endorses or accepts any responsibility for the content, or use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator.

Availability of the Website

Donegal Memorials will try to make this website available but cannot guarantee that this website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this website and in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, website, router or any other internet connected device.

Liability

Donegal Memorials warrant that products purchased from us will be free from defects in materials and workmanship when produced. Donegal Memorials excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this website or any information or service provided through this website. Donegal Memorials will do its best to ensure that all material and information on this website is accurate, but please note that all materials and information on this website are provided on an “as is” basis.

In relation to the purchase of products, Donegal Memorials accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this website or its contents other than as a direct result of purchasing a product, Donegal Memorials accept no liability for this loss or damage (except where we have been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of Donegal Memorials or its servants, agents or any other person).

If Donegal Memorials is liable to you for any reason, our liability will be limited to the amount paid by you for the product(s) concerned.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with this website. You also understand that Donegal Memorials cannot and do not guarantee or warrant that any material available for downloading from this website will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

The customer will indemnify and hold harmless Donegal Memorials from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against Donegal Memorials on the grounds alleging that said printing violates any copyright or any proprietary right of any person. You certify that you own the rights to use any and all text and images which you supply for Donegal Memorials for production of your order.

These limitations and exclusions only apply to the extent permitted by applicable law.

General

Donegal Memorials may assign or subcontract any or all of its rights and obligations under these terms and conditions at any time.

Donegal Memorials may alter these terms and conditions from time to time and will post the updated terms and conditions on this website, following which all use of this website will be governed by that version of the terms and conditions.

These terms and conditions together with any order form and any payment method instructions, form an agreement between you and Donegal Memorials. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Donegal Memorials or any other person and you waive any rights to damages/revocation you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions or order form and payment method instructions.

If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deemed to be deleted from them without affecting the remaining terms and conditions.

These terms and conditions and your use of this website are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.

Neither you nor Donegal Memorials shall be held liable for any failure to perform any obligation to the other due to causes beyond your or Donegal Memorials’s respective reasonable control.

Failure by either you or Donegal Memorials to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.