Terms and Conditions

The Contract

  1. Any contract for purchases made through the website will be with Pinkeel.com, whose registered office is situated in Castleknock, Laurel Lodge, Dublin, Ireland .
  2. Pinkeel.com must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. An email of conformation of payment received will be dispatched immediately to the email you provide in your registration form. The shipment email will include your name, the order number and the total price. Pinkeel.com acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
  3. Pinkeel.com are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.

Contract Withdrawal

If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.

  1. You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give Pinkeel.com any reason for withdrawing your order nor will you have to pay any penalty.
  2. The only circumstance in which you cannot withdraw your order is where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
  3. To withdraw your order you must notifyPinkeel.com in writing at the address set out in the “Pink Eel Returns”section of this website.
  4. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the Pink Eel return address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Pinkeel.com has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Pinkeel.com at the Pinkeel.com return address at your own cost and risk as soon as possible.
  5. Once you have notified Pinkeel.com that you are withdrawing your order, any sum debited to Pinkeel.com from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

Goods Availability

In some circumstances, we may place a limit on the number of copies of a particular book or product, or series of books or products, that you can order. This may, for example, be where we have limited stocks of a particular book or product, whether caused by limitations placed on us by our suppliers, where a book is signed by an author or otherwise. Where we are aware of this, we will notify you prior to an order being made. Whether or not we have notified you before you have placed an order, if Pinkeel.com has insufficient stock to deliver some or all of the goods ordered by you, or where you have ordered or sought to order (whether in one transaction or multiple transactions, and whether from one or more customer accounts) goods in excess of any quantity limits we have imposed, we will notify you as soon as possible of which parts of your order we will accept and which we will reject. Sums debited (if any) by Pinkeel.com from your debit or credit card, or from any other source of payment in respect of goods we are unable or unwilling to supply to you will be re-credited to your account and Pinkeel.com will notify you by email at the address given by you in your order form of which orders have been satisfied and which have been rejected. Any refund will be made as soon as possible and in any event within 30 days of your order. Pinkeel.com will not be obliged to offer any additional compensation for disappointment suffered.

Please also note: With reference to the above provisions, we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Cart. Rest assured your debit or credit card will only be debited as your order or individual items from your order are dispatched.

Multi-buy Offers

Prices exclude postage and packing, unless otherwise stated. Promotions apply to listed titles only, which are subject to change and availability. If you choose to purchase a product from a multi-buy offer, but do not purchase enough products to qualify for the special discount, the product will be charged at the normal price. Please note that on 3 for 2 promotions (and other multi-buy offers), the lowest priced title will always be the ‘free’ item.

Goods Delivery

  1. Pinkeel.com will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Pinkeel.com at the time you make your order. For goods delivered outside of the EU, the purchaser will be the importer into the country for which the consignment is destined. The purchaser will be responsible for both customs clearance and payment of customs duties and local taxes where required.
  2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
  3. You will become the owner of the goods you have ordered when the goods are dispatched to you from our distribution centre.

Customs Charges

If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Pinkeel.com has no control over additional charges in relation to customs clearance. Pinkeel.com recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.

Liability

This is as follows:

  1. If the goods Pinkeel.com delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Pinkeel.com shall have no liability to you unless you highlight and notify Pinkeel.com of the problem within 5 working days of the receipt/ delivery of goods in question.
  2. If you do not receive the goods ordered by you within 30 days of the date on which they were dispatched to you, Pinkeel.com shall have no liability to you unless you notify Pinkeel.com in writing at the Pinkeel.com contact address of the problem within 30 days of the date on which the goods were dispatched to you.
  3. If you notify a problem to Pinkeel.com under this condition, Pinkeel.com’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Pinkeel.com e-coupons will be issued to the value of the refund due.
  4. Pinkeel.com will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Pinkeel.com under this condition and Pinkeel.com shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
  5.  Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Pinkeel.com’s liability to you for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.

Unforseen Circumstances

Pinkeel.com shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

Invalidity

If any part of these conditions is unenforceable (including any provision in which excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

Complaints

Pinkeel.com operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service Manager at the contract address or phone number provided.


Governing Law

The contract between us shall be governed by and interpreted in accordance with Irish law, and the Irish courts shall have jurisdiction to resolve any disputes between us.

Full Agreement

These Terms and Conditions, together with the current website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by . These Terms and Conditions cannot be varied except in writing signed by a representetive of . In particular nothing said by any sales person on behalf of should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by . Pinkeel.com shall have no liability for any such representation being untrue or misleading.

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Pinkeel.com shall not be responsible for any detrimental reliance you place on this website or its contents.

Pinkeel.com is providing this site and its contents (including any downloadable data or software) on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.

Neither nor any of its representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Hyperlinks

Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of .

Discount Codes

We may occasionally offer discount codes to customers.

Discount codes are exclusive of online postage and packaging and can only be used once per person with one discount code to be used per transaction. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. Discount codes can only be used on Pinkeel.com. We reserve the right to withdraw codes at any time.

All discount codes are subject to their own Terms and Conditions.

Copyright

All design, text, graphics and the selection or arrangement thereof are the copyright of Pinkeel.com, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Pinkeel.com, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Pinkeel.com is strictly prohibited.

Trade Marks

Bad-Eye Books, Battered Brush Art, and the PinkEel logos are registered trademarks. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Pinkeel.com in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.

Interpretation

In these Terms and Conditions:-

  • Pinkeel.com means booksellers/ art / and associated accessories, any connected organisation that actually supplies goods ordered by you and any successor to its business;
  • ‘working day’ means every day of a calendar year apart from weekends and statutory and public holidays;
  • ‘us’ means Pinkeel.com and you together; and
  • ‘you’ and ‘your’ means the person ordering goods under these Terms and Conditions.