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Thanks for visiting Cuckoos Garden, we hope you find our website easy and simple to use! However if you do have any problems please refer to our ‘Q&A Section’.
These terms and conditions apply to the use of the website, www.cuckoosgarden.wpengine.com. By visiting cuckoosgarden.wpengine.com or by placing an order you confirm that you have read these terms and conditions and agree to be bound by these conditions. If you do not agree to these terms and conditions you must cease to use cuckoosgarden.wpengine.com.
The www.cuckoosgarden.wpengine.com website is operated by Raymond J Kenny and Associates Limited. You as the customer will transact with Cuckoos Garden.
Our contact details are:
* Contact hours are between 9.30am- 5.30pm, Monday to Friday (excluding Bank Holidays)
This is an important section of the website explaining the terms and conditions you agree to adhere to when you use and/or shop from the cuckoosgarden.wpengine.com website.
Any reference in these terms and conditions to “we” or “us” refers to ‘Cuckoos Garden’.
Any reference in these terms and conditions to “you” refers to the end customer.
Unless otherwise specified, the materials on this website are directed solely at consumers who access cuckoosgarden.wpengine.com from the United Kingdom and/or Republic Of Ireland. Cuckoos Garden does not represent that any product referred to in the materials on this website is appropriate for use, or available, in other locations. Those who choose to access this website from other locations are responsible for compliance with local laws if and to the extent the locals laws are applicable.
Any contract made between, whether for use of the website or in relation to the purchase of products or services through the website will be governed by the laws of Republic of Ireland and all parties submit to the non-exclusive jurisdiction of the Irish Courts.
Any contract will be communicated in English. No other formats current available.
When we refer to “Best Selling” products on cuckoosgarden.wpengine.com, this information is based on the number of products sold online during or up to 365 days previous. Where a product is labelled “Top Rated” it means it has received the highest star rating based on ratings and reviews left by customers. Our “New Products” highlight the most recently launched or featured products on cuckoosgarden.wpengine.com.
We have taken care preparing the content of this website, however we cannot guarantee uninterrupted and totally reliable access to the website and so therefore cannot guarantee that the information will always be completely up to date and free of errors. To the extent permitted by applicable law, Cuckoos Garden disclaim all warranties; express or limited, as to the accuracy of the information contained in any of the materials on this website and will accept no liability for any loss or damage arising as a result of problems with access.
Cuckoos Garden shall not be liable to any person or persons for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.
Certain (hypertext) links within this website may lead to other websites, which are not under the control of Cuckoos Garden. When you activate any of these links, you will leave the cuckoosgarden.wpengine.com website and Cuckoos Garden has no control over and will therefore not accept liability or responsibility for the material on any website which is not under the control of Cuckoos Garden.
We may release software owned or operated by third-party companies available to you. You must only use the software provided by Cuckoos Garden in accordance with the terms and conditions imposed by the third-party provider.
The exclusions of liability set out in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Cuckoos Garden, or any of their employers, employees or agents.
If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person or persons using your registration details.
These terms and conditions shall be governed by and construed in accordance with Irish and English Law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
We may update these Terms and Conditions at any time and we will notify such changes by uploading them on to the website. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
All brand names, product and service names and titles and copyright used in this website are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by Cuckoos Garden for their use by any other person other than the said holders and such use may constitute an infringement of the holder’s rights.
All designs, text, graphics and their selection and arrangement on the cuckoosgarden.wpengine.com website are the copyright of Cuckoos Garden and/or its content providers. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials without Cuckoos Garden’s prior written consent is strictly prohibited, including but not limited to changing, publishing, renting, licensing, selling or distributing.
The prices payable for the items that you order are clearly set out on the web site. All prices are expressed inclusive of any VAT payable. The price of the items does not include the delivery charge. Prices can change and we always notify you of the latest prices as quickly as possible
b) Product Descriptions
We use our reasonable endeavours to make sure that every product on cuckoosgarden.wpengine.com is shown accurately and prices are correct. However occasionally there may be small variations in colour, size and layouts. Cuckoos Garden disclaims all representations and warranties that the content or information on this website is accurate, complete and up to date.
c) Placing Orders
When placing an order with us we will send you an order acknowledgment by email, to the email address that has been indicated at purchase. This will outline the products you have ordered. Placing an order with us does not constitute our acceptance of your order. Our acceptance will not take place until your order has been despatched. The “purchase” contract therefore takes place between yourself and cuckoosgarden.wpengine.com at the point of despatch whether or not payment has been taken prior to despatch. If you cancel your order or if we have notified you that we cannot accept your order then no purchase contract will have been made.
We may be unable to accept your order if:
– Your chosen goods are unavailable
– We cannot obtain authorisation for your payment
– If there has been a pricing or product description error
– If you do not meet any eligibility criteria set out in the terms and conditions
– If the order is to be delivered outside of the United Kingdom or Republic Of Ireland
d) Made to Order
Cuckoos Garden pride ourselves on a fast service, therefore any products you order which are made to order will be sent for production immediately once payment has cleared. Please double check your order on screen before confirming your purchase as we will be unable to offer a replacement or a refund due to an error made by yourself. Once your order status has changed to “Processing” you are no longer able to make changes to your order.
We accept payment by most major credit or debit cards or through the PayPal service. Payment will be debited from your account before despatch of your purchase.
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Orders can only be delivered to UK or Republic Of Ireland addresses.
We understand the importance of receiving your gifts on time, ready for that special occasion. We will deliver your ordered products to the address in which you have provided as a delivery address during the checkout process. If you wish to have your order sent to an alternative address to your billing address, simply enter this in at the time of purchasing. If any of the details that you provide us are incorrect we are not liable for any items.
N.B. The despatch day is the day we send the item out with your chosen carrier, NOT the day it will be delivered.
Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside of this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postage charges.
All items are received through An Post or DPD unless otherwise specified.
If you do not receive your items please check with your local sorting office, even if you have not received a calling card through your letter box.
In the event we reproduce an item for you and subsequently the original is returned to us as undeliverable, we reserve the right to charge an administration fee of up to 100% of the price of the reproduced product.
We also reserve the right to wait up to 10 working days from the date of despatch before taking further action regarding an undeliverable item.
A signature may be required upon receipt of your order. If you are not home when your parcel is delivered the carrier may leave it in a safe location on your property or leave with a neighbour if they deem safe to do so. A calling card should be posted through your letterbox to inform you where your parcel is, however there may be some occasions that a calling card is not convenient to leave.
g) Returns and Refunds
We always try to ensure that our products are sent out in perfect condition. However sometimes due to situations beyond our control, for example a damage occurring during delivery, your item may arrive in an unsatisfactory state. In the unlikely event that you receive a faulty or damaged item or your item is wrong please contact us at via the “Contact Us” online form within 7 days of receiving your order.
When contacting us please include your full name, email address, postal delivery address, order number, reason for fault and a photograph where applicable. If a photo is not included this may cause a delay in processing your query and we may ask you to provide photographic evidence before we can provide a solution.
If there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to issue a refund or replace an order. We may refuse to take any future orders from any such customers and will inform them of our decision in writing, via email or over the telephone. This will be at the discretion of Cuckoos Garden, its employers or agents.
h) Amending or Cancelling An Order
Before requesting an amendment or cancellation to your order please check the status by going to ‘My Account’ and checking you order status in your ‘Order History’. Your order can only be amended and changed if your order is not at status ‘Processing’ or ‘Despatched’
Please email us through the contact us page to discuss your amendment or cancellation. Emails are answered between business hours (9.30am – 5.30pm) in the order they are received. It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes
Cuckoos Garden reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If your order cannot be fulfilled you will be offered an alternative or given a full refund.
Cuckoos Garden has made every effort to reproduce colours on the site as accurately as possible. However, different computers and mobile devices reproduce colours in slightly different ways, and so exact colour matches are not yet possible over the internet.
We do not accept refund on custom orders due to colour and design variations
cuckoosgarden.wpengine.com has taken great care to ensure prices are accurate. Prices may change over time, so if you save items in your basket between sessions, prices from previous sessions may no longer be valid. However, the correct price will be applied when you select an item from the shopping list and add to your current basket. All prices include VAT where applicable.
– If you have a promotional code, you need to enter this into the box on the ‘Shopping Basket’ page. You can find this box towards the bottom of the page, left of the total price of your items. It says: ‘Discount Codes- Enter your voucher code if you have one’
– Promotional codes can only be used once per customer as defined by their email address, unless otherwise specified in the promotion’s individual terms and conditions.
– Only one promotional code can be used per transaction
– Offers cannot be used in conjunction with certain other cuckoosgarden.wpengine.com offers.
– Promotional codes offering a discount when you spend a certain amount can only apply to a single transaction and exclude delivery charges.
– Please note that promotional codes also have an expiry date, after which they are not redeemable.
– Promotional codes remain the property of Cuckoos Garden (www.cuckoosgarden.wpengine.com), are non-transferrable and may not be reproduced in any form.
– Promotions available on cuckoosgarden.wpengine.com may not be available on other Cuckoos Garden selling channels.
– We reserve the right to withdraw any offers at any time
– All offers are subject to availability
– Availability while stocks last
– Cuckoos Garden reserves the right to limit certain offers to 1 order per customer as defined by their email address and/or delivery address.
– Offers are non-transferrable
– No cash alternative will be offered for any offer
– Cuckoos Garden (www.cuckoosgarden.wpengine.com) reserve the right to withdraw or vary our offers without notice
By submitting any ratings or reviews to Cuckoos Garden, you represent and warrant that:
– You are the sole author and owner of the intellectual property rights thereto:
– All moral rights that you may have in such content have been voluntarily waived by you:
– All content that you post is accurate:
– You are the owner or parent of any pictures or images of children that you submit and that you consent to the use of such images.
You further agree and warrant that you shall not submit any content:
– That is known by you to be false, inaccurate or misleading;
– That is pornographic;
– That incites violence;
– That contains nudity or graphic or gratuitous violence;
– That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
– That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
– That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
– For which you were compensated or granted any consideration by any third party;
– That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
– That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Cuckoos Garden (and its employees) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable solicitor’s fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Cuckoos Garden a perpetual, irrevocable, royalty-free, transferrable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation or recognition to you.
Cuckoos Garden does not allow the contents of ratings and reviews to be used by third-party companies without prior consent.
We have made every effort to ensure we protect your personal information. Here you will find information on how we protect your security and privacy, changes to the law regarding use of ‘cookies’, information on ordering with us and assurances about credit and debit details.
Cuckoos Garden is dedicated to protecting your data and to ensure we comply with the Data Protection Act 1998.
When you buy goods from us we record your details to ensure that we can:
– Be certain that any orders you have placed can be processed to completion
– Contact you in emergencies, such as an urgent product recall
– Deal with any financial queries
This data will not be used to send marketing offers or shared with any other third party other than those identified in our terms and conditions.
If you cancel your registration you will no longer be able to shop online or receive emails from us. Any orders you have placed will be processed as normal.
Data will be reviewed on a yearly basis, and records will be retained for as long as it continues to be necessary. If you require us to remove your data from our database please contact us in writing. We will review this request over 28 days
Upon ordering with us you are agreeing to disclose personal information to us.
When you go through the ordering process you will be asked to provide information such as your name, address, telephone number and email address. This information allows us to process and fulfil your order and to advise you of the status of your said order.
cuckoosgarden.wpengine.com will not sell or disclose any personal data to any third party unless required to do so by law.
If you agree to receive our newsletters we will use your email address to contact you, sending regular email newsletters informing you of new products, special offers and any featured information.
When a phone number is requested and provided, we may use this to contact you to ensure that you are happy with the service you received or we may pass this phone number on to the delivery company that is selected for your order upon purchase.
Access to this website may be suspended or temporarily unavailable without prior notice in the case of system failure, maintenance and repair or reasons beyond our control.
You must not misuse this website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this website, the server in which the website is stored or any server, computer or database connected to the website.
Unauthorised use of cuckoosgarden.wpengine.com may give rise to a claim for damages and/or be a criminal offence. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to our site will cease immediately.
You agree not to use cuckoosgarden.wpengine.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person.
A ‘cookie’ is a file in your web browser that enables us to recognize your computer when you visit the site, providing you with the best possible experience whilst visiting your site.
This tool is used by many websites to help collect information, such as how many people visit and return to the site, what products are being clicked on and which go on to be bought, and to make certain parts of the site function properly.
We use ‘cookies’ to allow us to fill in our login fields with your email address, once you have registered with us. This is to enable customers to login to the website more quickly and easily when you make future visits to cuckoosgarden.wpengine.com.
If you use another computer that is not your own personal computer (e.g. in an internet cafe or a friends computer) then it is possible that your e-mail address in the login field will show up to a subsequent user of the website. Therefore we suggest and advise that customers clear ‘cookies’ stored in the web browser when using another machine. The option for this is normally located in the browsers Tools menu/option.
If you have ‘disabled’ the cookies in your browser you may experience some technical difficulties and we cannot guarantee your experience navigating the site or the performance of the site itself.
For independent information about cookies, including amending your settings, please visit www.allaboutcookies.org
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