Terms

TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells
you the terms and conditions on which we supply any of the
products (“Products”) listed on our website www.zedcandy.com
(“our site”) to you. Please read these terms and conditions
carefully before ordering any Products from our site. You
should understand that by ordering any of our Products, you
agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future
reference.
Please click on the button marked “I Accept” at the end of these
terms and conditions if you accept them. Please understand that
if you refuse to accept these terms and conditions, you will not
be able to order any Products from our site.
1. INFORMATION ABOUT US
www.zedcandy.com is a site operated by Zed Candy (“we”). We
are registered in Ireland under company number 17456 and with
our registered office at Church Street, Kilcock, Co Kildare.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
and
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us
acknowledging that we have received your order. Please note
that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a Product. All orders
are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that
the Product has been dispatched (the “Dispatch Confirmation”).
The contract between us (“Contract”) will only be formed when
we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch
we have confirmed in the Dispatch Confirmation. We will not be
obliged to supply any other Products which may have been part
of your order until the dispatch of such Products has been
confirmed in a separate Dispatch Confirmation.
4. CANCELLATION RIGHT
If you are contracting as a consumer, you may cancel a Contract
at any time within seven working days, beginning on the day
after you received the Products if you send us a notice of
cancellation in writing and immediately return the goods to us in
their original, unopened and unused condition and at your own
cost and risk. You have a legal obligation to take reasonable
care of the Products while they are in your possession. If you fail
to comply with this obligation, we may have a right of action
against you for compensation.
In this case, you will receive a full refund of the price paid for
the Products in accordance with our returns policy (set out in
clause 9 below). For further details of how to return
merchandise please see our Returns and Refunds Policy. You can
submit your cancellation notice by email to our customer
services department at customerservice@zedcandy.com or in
writing to:
Customer Services, Zed Candy Webshop, Church Street, Kilcock,
Co Kildare, Ireland.

You will not have any right to cancel a Contract for the supply of
any of the following Products: Any confectionary or candy,
including without limitation, bubblegum, sweets and jellies.
Details of this statutory right, and an explanation of how to
exercise it, are provided in the Dispatch Confirmation. This
provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the
Dispatch Confirmation or, if no delivery date is specified, then
within 30 days of the date of the Dispatch Confirmation, unless
there are exceptional circumstances.
6. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive
full payment of all sums due in respect of the Products,
including delivery charges.
7. PRICE AND PAYMENT
The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
These prices are displayed in Euro and Sterling and include VAT
at 21% but exclude delivery costs, which will be added to the
total amount due as set out in our Shipping Grid [INSERT AS LINK
TO SITE’S SHIPPING GRID].
Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a
Dispatch Confirmation.
Our site contains a large number of Products and it is always
possible that, despite our best efforts, some of the Products
listed on our site may be incorrectly priced. We will normally
verify prices as part of our dispatch procedures so that, where a
Product’s correct price is less than our stated price, we will
charge the lower amount when dispatching the Product to you.
If a Product´s correct price is higher than the price stated on
our site, we will normally, at our discretion, either contact you
for instructions before dispatching the Product, or reject your
order and notify you of such rejection.
We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable
and could have reasonably been recognised by you as a mis-
pricing.
Payment for all Products must be by credit or debit card. We
accept payment with Visa, MasterCard American Express and
Laser Debit Cards. We will not charge your credit or debit card
until we despatch your order.
8. MINIMUM VALUE OF ORDER
We do not accept orders for a value of less than €9.99 or Stg
£6.00 exclusive of delivery costs.
9. RETURNS AND REFUNDS POLICY
We want our customers to be completely satisfied with our
products. We are happy to refund, exchange or replace any
products that does not meet with your satisfaction provided that
they are returned and received by us within 30 days of receipt in
their original, unopened and unused condition.

Please follow the process for returns set out below.
Process for returns:
Please email us at customerservice@zedcandy.com to let us
know about the return, so that we can instruct you about the
best way to return the goods and also expect the returned order.
Please send a copy of the packing slip and circle the item you
are returning. In order to continue to improve our services, we
would like to ask you indicate the reason for your return. If you
are exchanging an item for another, we will refund any
difference in the amount paid. If you are exchanging for a
higher price item, please indicate the credit card you would like
charged.

Please return your package by recorded delivery (retaining your
recorded delivery receipt as proof of postage).

The address for sending any returns is:
Zed Candy Webshop, Church Street, Kilcock, Co Kildare, Ireland.

All returned goods will be examined upon receipt as we are
unable to offer refunds, replacements or exchanges on any
opened or used goods.

When you return a Product to us pursuant to clause 4 above, we
will process the refund due to you as soon as possible and, in
any case, within 30 days of the day you have given notice of your
cancellation. In this case, we will refund the price of the Product
in full, including the cost of sending the item to you. However,
you will be responsible for the cost of returning the item to us.
The refund will be processed in the manner in which you paid.

In all other cases we will process your return as quickly as
possible and will notify you by email once your refund,
replacement or exchange has been processed. During busy
periods, please allow 30 working days for your refund,
replacement or exchange to be processed. We will refund the
purchase price of the Products plus any taxes you were charged.
The refund will be processed in the manner in which you paid.
Please note that delivery charges are not refunded unless the
return is a result of our error.
10. OUR LIABILITY
We warrant to you that any Product purchased from us through
our site is of merchantable quality and reasonably fit for all the
purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this
agreement is strictly limited to the purchase price of the Product
you purchased.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude,
or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side
effect of the main loss or damage or for loss of income or
revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office
time however arising and whether caused by tort (including
negligence), breach of contract or otherwise.
11. IMPORT DUTY
If you order Products from our site for delivery outside Ireland,
they may be subject to import duties and taxes which are levied
when the delivery reaches the specified destination. You will be
responsible for payment of any such import duties and taxes.
Please note that we have no control over these charges and
cannot predict their amount. Please contact your local customs
office for further information before placing your order.
Please also note that you must comply with all applicable laws
and regulations of the country for which the products are
destined. We will not be liable for any breach by you of any such
laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or
communications we send to you should be in writing. When
using our site, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you
with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect
your statutory rights.
13. NOTICES
All notices given by you to us must be given to Zed Candy at
customerservice@zedcandy.com. We may give notice to you at
either the e-mail or postal address you provide to us when
placing an order, or in any of the ways specified in clause 13
above. Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-
mail is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail,
that such e-mail was sent to the specified e-mail address of the
addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and
on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (“Force
Majeure Event”).
A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
(e) Impossibility of the use of public or private
telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of
any government.
Our performance under any Contract is deemed to be suspended
for the period that the Force Majeure Event continues, and we
will have an extension of time for performance for the duration
of that period. We will use our reasonable endeavours to bring
the Force Majeure Event to a close or to find a solution by which
our obligations under the Contract may be performed despite
the Force Majeure Event.
16. WAIVER
If we fail, at any time during the term of a Contract, to insist
upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to
exercise any of the rights or remedies to which we are entitled
under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance
with such obligations.
A waiver by us of any default shall not constitute a waiver of any
subsequent default.
No waiver by us of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 13
above.
17. SEVERABILITY
If any of these terms and conditions or any provisions of a
Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any
document expressly referred to in them in relation to the subject
matter of any Contract. While we accept responsibility for
statements and representations made by our duly authorised
agents, please make sure you ask for any variations from these
terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and
conditions from time to time to reflect changes in market
conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and
regulatory requirements and changes in our system’s
capabilities.
You will be subject to the policies and terms and conditions in
force at the time that you order products from us, unless any
change to those policies or these terms and conditions is
required to be made by law or governmental authority (in which
case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in
which case we have the right to assume that you have accepted
the change to the terms and conditions, unless you notify us to
the contrary within seven working days of receipt by you of the
Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be
governed by Irish law. Any dispute arising from, or related to,
such contracts shall be subject to the non-exclusive jurisdiction
of the courts of Ireland.