This website is operated by Kavanagh Dublin. Throughout the site, the terms ‘we’, ‘us’, “our” and ‘operator’ refer to Kavanagh Dublin. Kavanagh Dublin makes this website available to you, including all information, tools and services available on this site, on condition that you accept all terms, conditions, policies and notices stated here.
By accessing our site and/or purchasing a product from us, you accept our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Use’, ‘Terms’), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, users who are browsers, suppliers, customers, sellers and/or content contributors.
Please read these Terms of Use carefully before visiting or using our website. By visiting or using all or part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, you may not access the site or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current shop are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services.
By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any applicable laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses or other destructive code.
Any violation or breach of any of the Terms will result in the immediate termination of the Services.
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (not including credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfers over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit in any way all or part of the Service, the use of the Service or access to the Service or any contact on the website through which the Service is offered, without our express written authorisation.
The headings used in this Agreement are included for convenience only and do not limit or affect these Terms and Conditions in any way.
ARTICLE 1 - DEFINITIONS
The following definitions apply to these Terms and Conditions:
Reflection period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of his profession or business and who enters into a distance contract with the trader;
Day: 1 February 2024
Fixed-term contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information that has been sent to them personally in a way that allows for future reference and reproduction without alteration.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of an organised system for distance sales of products and/or services by the trader, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude an agreement, without the consumer and the trader being simultaneously present in the same room.
General terms and conditions: these general terms and conditions of the trader.
ARTICLE 2 - IDENTITY OF THE TRADER
Company name: Kavanagh Dublin
Customer service email: info@kavanagh-dublin.com
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted at the entrepreneur's place of business and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific conditions apply to a product or service in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions, the consumer may always avail himself of the applicable provision that is most favourable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or cancelled, the contract and these terms and conditions shall remain in force for the rest, and the provision in question shall be immediately replaced by mutual agreement with a provision that comes as close as possible to the original objective.
Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted in the spirit of these general terms and conditions.
ARTICLE 4 - EU CUSTOMERS AND OTHER INTERNATIONAL CUSTOMERS
International customers, including customers in the EUROPEAN UNION (EU), are subject to import duties and taxes payable upon arrival. These costs are NOT included in the price of the item and must be paid by the customer. Customs duties can vary greatly, but are generally based on the price and type of item, the weight and size of the package, the country of origin, and the taxes, duties, and fees of the destination country. You will usually receive an import invoice from DHL. In our experience, customs clearance is generally quite straightforward. Always consult the relevant customs authorities or government agencies for the most accurate and up-to-date information, as these regulations are subject to change. If you require detailed information about these charges, please let us know.
ARTICLE 5 - THE OFFER
If an offer has a limited period of validity or is subject to conditions, this must be expressly stated in the offer.
The offer is not binding. The trader has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these accurately reflect the products and/or services offered. Obvious or apparent errors in the offer are not binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
The images accompanying the products are a faithful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information that enables the consumer to clearly understand the rights and obligations associated with accepting the offer. This concerns in particular:
The price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service applies the special regulations relating to postal and courier services in the field of imports. These regulations apply if the goods are imported into the EU country of destination, as in the case in question. The postal and/or courier service collects VAT (possibly with customs clearance costs) from the recipient of the goods;
shipping costs;
the terms and conditions of the contract and the steps to be taken to conclude the contract;
whether or not the right of withdrawal applies;
the terms of payment, delivery and performance of the contract;
the deadline for accepting the offer or the period during which the trader guarantees the price;
the amount of the remote communication tariff if the costs of using the remote communication technique are calculated on a basis other than the standard tariff for the means of communication used;
whether the contract will be filed after its conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer may, prior to the conclusion of the contract, check the data he has provided in the context of the contract and, if he so wishes, modify it;
the languages other than English in which the contract may be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer may consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term transaction.
Optional: sizes, colours, types of materials available.
ARTICLE 6 - THE CONTRACT
The contract, subject to the provisions of paragraph 4, is concluded upon acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until such acceptance has been confirmed by the trader, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will comply with appropriate security measures.
The trader may, within the legal framework, inquire into the consumer's ability to fulfil their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this inquiry, the trader has good reason not to enter into the contract, he shall be entitled to refuse an order or request or to impose specific conditions on its execution, giving reasons for his decision.
Together with the product or service, the trader shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable medium:
1. the address of the trader's office where the consumer can send complaints;
2. the conditions and manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information on existing guarantees and after-sales service;
4. the information referred to in Article 4, paragraph 3, of these general terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the contract;
5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision of the previous paragraph shall only apply to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products in question.
ARTICLE 7 - RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to withdraw from the contract without giving any reason within a period of 14 days. The cooling-off period commences on the day after the product is received by the consumer or a representative designated by the consumer and notified to the trader in advance.
During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receiving the product. The consumer must communicate this by written message/e-mail. After the consumer has communicated his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not communicated their intention to exercise their right of withdrawal after the expiry of the terms referred to in paragraphs 2 and 3, or has not returned the product, the trader is not obliged to refund them.
for example by means of proof of shipment.
If, upon expiry of the periods referred to in paragraphs 2 and 3, the customer has not communicated his intention to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.
ARTICLE 8 - COSTS IN CASE OF WITHDRAWAL
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this as soon as possible, but at the latest within 14 days of withdrawal. This is subject to the condition that the product has already been returned to the trader or that conclusive proof of complete return can be provided.
ARTICLE 9 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated this in the offer, at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the trader in accordance with the consumer's specifications;
2. that are clearly personal in nature
3. that cannot be returned due to their nature;
4. that deteriorate or age rapidly;
5. whose price is subject to fluctuations in the financial market over which the trader has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
1. relating to accommodation, transport, catering or recreational activities to be carried out on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the expiry of the cooling-off period;
3. relating to betting and lotteries.
ARTICLE 10 - THE PRICE
I reserve the right to change the prices of the products and/or services offered during the period of validity indicated in the offer, including as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that the prices quoted are indicative prices will be mentioned in the offer.
Price increases in the 3 months after the conclusion of the contract are only permitted if they result from statutory or regulatory provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has specified this and:
1. they result from statutory or regulatory provisions; or
2. the consumer has the right to terminate the contract on the day the price increase takes effect.
The place of delivery within the meaning of Section 5(1) of the Turnover Tax Act 1968 is the country where transport begins. In this case, delivery takes place outside the EU. As a result, the postal service or courier service will charge the customer import VAT or customs clearance fees. The trader will therefore not charge any VAT.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
ARTICLE 11 - CONFORMITY AND WARRANTY
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or use and the legal and/or regulatory provisions in force on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the final suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been treated negligently or contrary to the instructions of the trader and/or those on the packaging;
The defect is wholly or partly due to regulations that the government has established or will establish regarding the nature or quality of the materials used.
Article 12 - Delivery and execution
The trader will pay the utmost attention to the receipt and execution of orders for products.
The place of delivery is the address that the consumer has given to the company.
Without prejudice to the provisions of Article 4 of these general terms and conditions, the company will process accepted orders as quickly as possible, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. In the event of a delay in delivery or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days of placing the order. In that case, the consumer has the right to terminate the contract without costs and without being entitled to any compensation.
In the event of withdrawal in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as quickly as possible, but no later than 14 days after withdrawal.
If delivery of an ordered product is impossible, the trader will endeavour to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of returning the item are borne by the trader.
The risk of deterioration and/or loss of the products shall remain with the trader until the moment of delivery to the consumer or to a representative designated and indicated to the trader, unless expressly agreed otherwise.
Article 13 - Fixed-term contracts: duration, termination and renewal
Termination
The consumer may terminate a contract for an indefinite period that provides for the regular delivery of products (including electricity) or the provision of services at any time, in accordance with the agreed withdrawal rules and with a maximum notice period of one month.
The consumer may withdraw from a fixed-term contract for the regular delivery of products (including electricity) or services at any time upon expiry of the fixed term, in accordance with the applicable withdrawal rules and with a maximum notice period of one month.
The consumer may withdraw from the contracts referred to in the preceding paragraphs:
at any time and without being limited to withdrawal at a specific time or during a specific period;
at least withdraw from them in the same way as he entered into them;
always withdraw from them with the same notice period that the trader has stipulated for himself.
Renewal
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can withdraw from the extended contract before the expiry of the extension with a notice period not exceeding one month.
A fixed-term contract for the regular supply of goods or services may not be tacitly extended for an indefinite period only if the consumer may withdraw from the contract at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular supply, but less than once a month, of daily newspapers, news and weekly magazines.
A fixed-term contract for the regular supply of trial days, newspapers and magazines (trial or starter subscription) is not tacitly renewed and automatically terminates at the end of the trial or starter period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a maximum notice period of one month, unless reasonableness and fairness preclude termination before the expiry of the agreed term.
Article 14 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall commence when the consumer receives confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or indicated to the trader immediately.
In the event of non-payment by the consumer, the trader is entitled, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.
Article 15 - Complaints procedure
Complaints about the performance of the contract must be submitted to the trader in a complete and clear manner within 7 days after the consumer has noticed the defects.
Complaints addressed to the trader will be answered within 14 days of receipt. If a complaint requires more time to process, the trader will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is submitted to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader has indicated otherwise in writing.
If the trader considers a complaint to be justified, they will replace or repair the delivered products free of charge, at their discretion.
Article 16 - Disputes
The agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer resides abroad.
ARTICLE 17 - PERSONAL DATA
The submission of personal data via the shop is subject to our privacy policy. To view our privacy policy.
ARTICLE 18 - ERRORS, INACCURACIES AND OMISSIONS.
It is possible that the information on our website or in the Service contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order).
We are not obligated to update, modify or clarify information contained in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that the information contained on the Service or any related website has been modified or updated.
ARTICLE 19 - CHANGES TO TERMS OF USE.
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
ARTICLE 20 - CESOP
Due to the measures introduced and reinforced since 2024 relating to the ‘amendment of the 1968 law on turnover tax (law implementing the directive on payment service providers)’ and therefore to the implementation of the centralised electronic payment information system (CESOP), payment service providers may record data in the European CESOP system.