Terms & Conditions

These terms and conditions regulate the business relationship between you (the buyer) and us (the seller). By using our Website you agree to and will be deemed to be bound by these terms, if you do not want to be bound by these terms, do not use our website.

You may view the content of our website only for the purpose of shopping or placing an order on our website and for no other purpose.

We reserve the right to, at any time and without prior notice to, amend and make changes to our website and terms and conditions.

You are purchasing the goods on the understanding that you are totally responsible for determining the suitability of the goods for the purpose for which you intend using them. If you have any queries relating to our T&C’s please contact us at info@dr-james.com

Interpretation

In this agreement unless the context otherwise requires:

  1. These terms and conditions apply to all supplies of Goods by us to any online shop customer. They prevail over any terms proposed by you.
  2. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
  3. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
  4. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
  5. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
  6. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

  1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
  2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
  3. Your use of our website and its content and any dispute arising between you (the buyer) and us (the seller) shall be resolved having regard of the law of Republic of Ireland.
  4. By placing an order the buyer declares to have read all the information and accepted the terms and conditions.
  5. The range and availability of the Goods may vary from time to time, and is hereby accepted and agreed by you (buyer) that us (the seller) will have no responsibility of any variation or non-availability of Goods to the buyer.
  6. Your use of any information or materials on our website is entirely at your own risk.
  7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve. We ship to the United States.

Acceptance of your order

  1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm that payment is received in full referring to the order.
  2. If we do not have the Goods you order in stock, we will inform you of lead time when goods will arrive in stock or offer you alternatives. If this happens you may:
    -Wait for goods to arrive.
    -accept the alternatives we offer
    -or cancel order and receive a refund.

Price and Payment

  1. The price payable for the Goods that you order is clearly set out on Our Website.
  2. All goods are listed in US Dolalrs and inclusive of any payable Sales Tax in Republic of Ireland. Delivery fees will be charged where applicable. Please refer to our delivery policy for rates.
  3. In the event of a typographical or clerical error in pricing and Goods information, we reserve the right to inform you of such error before completion of your order and give you the option to proceed with order at correct price or seek a refund.
  4. We are not obliged to deliver goods which are incorrectly priced. If your credit/debit card have already been charged for the purchase, dr-james.com shall issue a refund to your card account for the amount that you originally paid within 7 days
  5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than USD will be borne by you.

Security of your credit card

  1. We take care to make Our Website safe for you to use.
    Card payments are not processed through pages controlled by us. We use Shopify service provider who will encrypt your card details in a secure environment.
  2. Shopify offer a very secure method of payment. Dr-James.com never view any card information, we do not store any financial information on our website.

If you buy as a Consumer

This paragraph applies if you buy as a consumer as defined in the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.

  1. As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions.
  2. Under the distance selling regulations you may return the Goods to us if you are not satisfied.
  3. You may cancel your order before the expiry of 7 days from the date you receive the Goods, not including the day you received it. You must inform us by email to info@dr-james.com
  4. To assist us in identifying your Goods on receipt by us, we ask you to enclose our returns note, which you will receive on request.
  5. Goods must be unused and in original packaging, with a returns note enclosed to determine your identification. If Goods returned are not in original packaging, or if the packaging is damaged a 20% restocking and handling charge will apply.
  6. You are responsible for the cost of returning the Goods, it is important that you choose a trackable shipping service, dr-james.com cannot be responsible for lost returns. Once we receive your returns package please allow 5-7 days for processing.
  7. In the event of cancellation of an order by you in compliance with these terms, we shall issue a refund excluding shipping cost on original order to you.
  8. If you require an alternative size Goods must be returned within 14 days at your own cost and a shipping fee will apply on exchanged Goods.
  9. The option to cancel your order is not available
  10. if Goods are soiled and cannot be re-sold;<
  11. This does not affect your statuary rights.

Goods returned

These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations:

  1. All returns must be authorised prior to return.
  2. Return postage costs must be paid by the customer unless the goods were sent in error or defective on receipt in which case, we shall issue a refund for return standard parcel postage.
  3. Orginal order shipping costs are non refundable
  4. The goods must be returned to us not later than 30 days by trackable standard parcel postage.
  5. We cannot accept returned goods that have been embroidered unless otherwise defective.
  6. Goods that have been sold in a ‘Clearence’ sale are not subject to refunds but may be exhanged for oher garments. Please contact us for details if you wish to make an exchange under these conditions.
  7. Goods should be returned:
    • With both garments and all packaging in their original condition, labels afixed and securely wrapped.
    • Including our returns note which you will receive on request.
    • At your risk and cost.
  8. If we agree that the goods are faulty, we will:
    • refund the cost of return carriage
    • repair or replace the goods as we choose.
  9. We reserve the right to deny a refund if the goods have be worn worn, laundered, or damaged in any way.
  10. If you have any complaints or other queries please inform us within 5 working days by email to info@dr-james.com and we will endeavour to resolve the matter within 5 working days.

Delivery

  1. Goods will be delivered by registered parcel service to the address stipulated in your order, which will require a signature upon delivery. If you are not available to receive delivery of your Goods a note will be left advising you to collect Goods at your local Parcel depot.
  2. All Goods are insured and track & trace.
  3. When your Goods arrive, it is important that you check immediately the condition. If your Goods have been damaged in transit, you must notify us by return by email to info@@dr-james.com
  4. Times quoted for delivery to be treated as estimates, dispatch times may vary according to availability. We will not be responsible for any delays in delivery resulting from postal delays or Force Majeure. You will be notified if your ordered Goods are unavailable.
  5. Signing “Unchecked”, “Not Checked” or similar is not acceptable.

Foreign taxes and duties

  1. If you are not in the United States, we have no knowledge of, and no responsibility for, the laws in your country.
  2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country outside of the United Sates.

Liability for subsequent defects

  1. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
  2. We give no warranty and make no representation, express or implied, as to:
    • The quality of the Goods.
    • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose.
    • the correspondence of the Goods with any description.
    • the adequacy or appropriateness of the Goods for your purpose
    • The only warranties applying to Goods sold, are those provided by the manufacturer. Our liability under this contract is limited, to the value of the Goods supplied, Dr-James.com cannot be held responsible or liable for any other liabilities whatsoever.
    • the truth of any Content on Our Website
    • Non-infringement of any right.

Disclaimers

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  2. All the conditions, warranties or other terms implied by the law of any country other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.
  3. Dr-james.com reserves the right to, at any time and without prior notice to, amend and make changes to Our Website and Terms and Conditions.
  4. We also have the right without notice or liability at any time to terminate Our Website or any portion thereof or any Goods offered through our website.
  5. You are advised that Content on Our website may include technical inaccuracies or typographical errors. This is inevitable in any large website. Neither we nor any third parties provide any warranty or liability for any such errors or inaccuracies to the fullest extent permitted by law
  6. You are responsible for using Our Website in a private and secure manner.
  7. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use or damage which may arise to computer equipment, loss of data or loss of revenues, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

Security of Our Website

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. You now agree that you will not, and will not allow any other person to:

  1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser.
  3. download any part of Our Website, without our express written consent.
  4. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement
  5. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. Your failure to comply with the law of any country
  2. Your breach of this agreement.
  3. Any act, neglect or default by any agent, employee, licensee or customer of yours.
  4. A contractual claim arising from your use of the Goods.
  5. A breach of the intellectual property rights of any person.

 

Intellectual Property

Unless otherwise stated, we own the intellectual property rights, on our website and material on our website.

  1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Miscellaneous matters

  1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.
  3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  6. Any communication to be served on either party by the other shall be delivered by recorded delivery or by e-mail.
    It shall be deemed to have been delivered:
    • if sent by post to the correct address: within 72 hours of posting.
    • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
  8. This agreement does not give any right to any third party.
  9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees].
  10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  11. These terms and conditions and any contract to which they apply shall be governed by the laws of The Republic of Ireland and are subject to the jurisdiction of the courts in The Republic of Ireland.
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