Terms & Conditions of use

 

1. Use of the Website

Welcome to the website. The following are the terms and conditions for use of the Aria Boutique website or any Internet site to which the website is linked (the “website”). This website is for use by persons who are 18 years and over only. By accessing this website you agree to these terms and conditions. If you do not agree to them you may not use this website and should leave it immediately.You agree to notify us immediately of any unauthorised use or any other breach of security.
ariaboutique.ie is an online service of Aria Boutique provided solely for your personal use for the sale of clothing, accessories and other Items. Any other use of the content and software on this website, including the reproduction, modification, distribution, transmission, republication or display of the content on this website is strictly prohibited.You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Aria Boutique
Any copying, transmission or re-transmission of the same requires the prior written approval of Aria Boutique.
This website or any portion of the site may not be exploited for any commercial purpose whatsoever.You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site.
Aria Boutique have taken great care to ensure that the Items on our website are presented as accurately as possible. However certain finer details such as colour clarity and fabric feel will depend upon your own personal monitor and we therefore cannot guarantee that the colour and fabric feel of the actual Item is absolutely accurate. All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the products. Before placing an order please read through these Terms.
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.
To be eligible to purchase Items on this Website you must:

  1. be the holder of a valid debit/credit card
  2. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects Internet offers relate to internet transactions only and may not be available in store. Likewise, temporary or local special offers in store do not apply to internet prices unless expressly specified.

     

2. Your Personal Information

Once you have registered with Aria Boutique, you are responsible for all transactions that take place during your session. It is your responsibility to keep your password safe and if you have any doubts about the security of your password, you should change it immediately.
Please notify us of any changes to your credit card details and shipping address as soon as possible by logging in and updating your account information.If your personal information changes then please notify us immediately by contacting Customer Services on the following email karolynn@ariaboutique.ie
You must agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

Tel. +353 (0) 45871333 Email: karolynn@ariaboutique.ie


 

3. Making a Purchase and Payment

You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [Purchase] button at the end of the on-line order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from Aria Boutique Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. If you require any information regarding your order(s) please contact us at 00 353 (0) 45871333 during our office hours of Monday to Saturday 10.00am to 6.00pm GMT, or email karolynn@ariaboutique.ie
We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. Very occasionally an error may occur resulting in the goods described on our website not being the goods actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other goods we may have available or the goods which may have been despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect goods despatched will be collected for full refund. We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section below.
We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
Payments
All payments are accepted securely via Realex Payments. We do not hold any personal data. Instead, personal data/payment details is stored on a remote secure server and used and is the full responsibility of Realex Payments who host the transactional element of the website. Please visit the Realex website for any further information required.

 

4. Price and Delivery

4a Orders

All prices indicated for Items available via the Website are inclusive of V.A.T (where applicable) at the current rate and are quoted in euro or the equivalent alternative currency. We reserve the right to amend prices if there is a change in the rate of VAT (where applicable). At point of purchase VAT will be deducted from the subtotal if the delivery address stated is outside of the EU. The price listed on the Website (the 'price') for Aria Boutique products (the "products") will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website is wrong.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.
We ship to the following countries: The whole of the Ireland and UK and all EU Countries. For deliveries outside the EU please telephone our office at the telephone number above for confirmation.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time by using the most appropriate courier for speedy delivery. Delivery times set out herein are approximate only. Multiple items may be delivered in more than one parcel and at different times. Deliveries may be delayed due to adverse weather conditions or other events beyond our control.
All deliveries require a signature upon delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted.Unfortunately we cannot specify specific delivery times during the day.

All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please email us at karolynn@ariaboutique.ie and we will either track your shipment for you or email you a tracking number of the courier and their contact details.
If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible. We will endeavour to deliver the products to you within the lead-time shown for each product at the time of purchase, within the island of Ireland, where this is practical. However, products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products.
All new orders are deemed separate and each is treated individually.
Gifts Purchased
At Aria Boutique online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an e-mail and a copy of the invoice will be sent to the card holders registered e-mail address and home address, and we will require a signature upon delivery for all goods shipped.
 

4b Returns

Customer satisfaction is always our top priority. We handle each query on an individual basis and to the best of our ability. While we hope you are happy with your order, if you are not, we will happily offer you a full refund or exchange, once we are happy with the condition of the returned garment.
We must stress that in order to receive a refund or exchange the item(s) must be *unworn, it's in fully resaleable condition, and in perfect condition with all the labels attached in the original place and in the original packaging.
Should you decide you want to return an item (whether for a refund or exchange) please contact us karolynn@ariaboutique.ie within 48 hours of receiving your order with a brief explanation of the reason for your return.
We will send an email issuing you with a returns number within 2 working days.
Once you receive the returns number, please note it on your receipt and enclose the item(s) you wish to return, ensuring the returns number is marked clearly on the outside of the parcel.
We can only issue refunds or exchanges on items that are received by us within 10 working days of the returns number being issued . Refunds will be processed to the original payment card or gift card or you may exchange (for products only) at the current selling priceIn such instances, the customer must cover the cost of the return of goods. We strongly recommend that the customer also insures the product during return shipping process and retains proof of sending and insurance in case of dispute.
Please note:
Items received by us without a returns number will be sent back to the customer.
Items purchased online CANNOT be returned to Aria Boutique Naas or Saggart in person without prior authorisation or a returns number.
For reasons of hygiene, certain items are non returnable (lingerie, hosiery, pierced jewellery, etc.,)
The cost of returning the goods to us is your responsibility as is the cost of the initial deliveryFor your own protection, we strongly recommend that you return the parcel using a reputable signed delivery service that insures you for the full value of the goods as we are unable to refund any goods lost or damaged in transit.

  • Customers must not wear make-up, perfume, hairspray etc that could mark or leave a scent on the clothing. We are unable to accept returns where these instructions have not been followed. Footwear must be returned in its original undamaged box and padding material, otherwise it will not be accepted. Footwear must only be tried on in carpeted areas to avoid marking and damaging the shoe, which would prevent it being returned.

With exchanges, your new item(s) will be shipped to you as soon as we receive your returning package and any additional payment which is required. If a product is defective in any way, please return it within 7 days with a covering letter and we will, on confirmation of the defect and at our discretion, either deliver a new one to you or refund you the cost of the product.
Returning Goods from Non EU Countries

  • If you are receiving your order outside the EU, you will have to telephone us to confirm and receive the necessary directions.All successfully returned items will be only credited to the account used to originally purchase the items, less any taxes, import duties or shipping charges incurred. With exchanges, your new item(s) will be shipped to you as soon as we receive your returning package and any additional payment which is required.

PLEASE NOTE: New and unused means that there are no marks on the item or any wear on the tags. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser. Aria Boutique is not responsible for any item that is not returned in the manner set forth above. Please discuss any additional questions you may have with a customer service representative when you contact us for an RN.
THIS POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER THE EUROPEAN COMMUNITIES (PROTECTION OF CONSUMERS IN RESPECT OF CONTRACTS MADE BY MEANS OF COMMUNICATION) REQULATIONS 2001. FURTHER DETAILS OF WHICH ARE AVAILABLE FROM THE NATIONAL CONSUMER AGENCY OR CITIZENS' INFORMATION CENTRE.
 

5. Credit Cards

Aria Boutique allows orders to be processed online, or over the phone, using a valid credit or debit card, subject to the Paypal payments terms and conditions as provided for above.
Your credit card company may undertake an additional security check to confirm it is you making the order.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
 

6. Passing of property and risk

We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you.
Risk in the Items will pass to you on at the point the goods you have ordered are despatched from our warehouse to be delivered to the address you have given us.
 

7. Refunds

Aria Boutique wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full refund as set out above.
 

8. Cancelling Your Order Under The Distance Selling Regulations

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Aria Boutique, 7 Poplar Square, Naas, Co.Kildare, Ireland or by email to: karolynn@ariaboutique.ie
For orders cancelled under the DSRs, we will issue you with a full refund including the delivery cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to Aria Boutique, 7 Poplar Square, Naas, Co.Kildare, Ireland.
All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your RMA
 

9. Contacting Us

Please call us at any stage if you would like some help when ordering or have a query about your order Karolynn@ariaboutique.ie or call +353 (0) 45871333 between the hours of 10.00 and 6.00 GMT Monday to Saturday.

10. Copyright and Trade Marks

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers (the "Content") is the property Aria Boutique, our affiliates, our partners or our licensors, and is protected by Irish and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Aria Boutique, our affiliates, our licensors or our partners, in Ireland and other countries, and are protected by Irish and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
 

11. Limited Licence

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:

  1. modify or download the Website or its contents (except caching or as necessary to view content);
  2. make any use of the Website or its Content other than personal use;
  3. create any derivative work based upon either the Website or its Content;
  4. collect account information for the benefit of another party;
  5. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or
  6. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only.
A website that links to our Website may:

  1. link to, but not replicate, our Content;
  2. not imply that we are endorsing such website or its services or products;
  3. not misrepresent its relationship with us;
  4. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
  5. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
  6. not use any Trade Mark without our prior written consent; and
  7. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
 

12. Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
 

13. Representations and Warranties: Limitations of liability

The information contained in the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

  1. interruption of business;
  2. access delays or access interruptions to the Website;
  3. data non-delivery, mis-delivery, corruption, destruction or other modification;
  4. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
  5. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
  6. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
  7. events beyond our reasonable control.

Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind (including lost profits) related to the Website (including but without limitation, that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred euro (€100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
 

14. Disputes

To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from www.ariaboutique.ie shall be submitted to mediation, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief within Irish Law. Unless otherwise agreed between the parties, the mediator will be nominated by 14 days Notice in writing (“mediation request”) must be given by one party to the other party [ies] to the dispute requesting a mediation. The mediation will start not later than 30 days after the date of the mediation request . No party will commence court proceedings / arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation.
 

15. General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from Aria Boutique, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Aria Boutique shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Aria Boutique shall not be liable for any failure to perform any of its obligations under these terms and conditions which is caused by circumstances beyond its reasonable control including, but not limited to any force majeure incident.
The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
 

16. Governing Law

Your use of this Website and any purchase by you of any Item from Aria Boutique shall be governed by Irish law and you hereto submit to the exclusive jurisdiction of the Irish courts. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
 

17. TERMINATION

We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.
If you have any questions regarding these Terms, please contact us by email at karolynn@ariaboutique.ie