Terms & Conditions

Access and use of this Website, together with the sale and the purchase of products from the site, are governed by the terms and conditions set out below. By using the site you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information. A contract between SMORGASBOARD Limited and the customer will exist once an order has been accepted, processed, dispatched and received.

Company Details

This site is owned by SMORGASBOARD Limited, which is a private limited Company, registered in Ireland (No. 529354), with its registered office at 10 Colpe Crescent, Deepforde, Dublin Road, Drogheda, Co. Meath, Ireland.

Disclaimer

To the fullest extent permitted at law, SMORGASBOARD Limited is providing this Website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, SMORGASBOARD Limited does not represent or warrant that the information accessible via this Website is accurate, complete or current. Price and availability information is subject to change without notice. Except as specifically stated on this Website, to the fullest extent permitted at law, neither SMORGASBOARD Limited nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. 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. Our Website images, descriptions and colours are subject to change and are for illustration only.

Fulfilment

Due to the nature of our business, stock availability cannot be guaranteed. If your goods are in stock the order will be shipped in order to reach you within the below delivery times.  Once you have placed an order with SMORGASBOARD.ie an email will be sent to you confirming your order details. A second e-mail will be sent once your order has been dispatched. It is important that you give us a valid email address so you can receive these emails. SMORGASBOARD.ie is not responsible for missed communication due to incorrect contact details being submitted.

SMORGASBOARD Limited reserves the right to accept or reject any order at our absolute discretion. Whilst we try to ensure that prices are accurate, SMORGASBOARD Limited reserves the right to correct the prices if we discover an error.  In this event, you will be entitled to cancel your order or re-confirm it at the correct price.  If you are unhappy with your goods once they have arrived you are entitled to return them for a refund or replacement. Please check the order confirmation screen carefully before completing your order.

Price of Goods

The price listed on the Website (the “Price”) for SMORGASBOARD Limited 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 listed on the Website without notice. These changes may be to take account of any increase in our supplier’s prices, a promotional price change, 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.

The pricing on the Website may vary between search results pages, product pages, partners’ Websites and in store prices; however we make every effort to ensure the prices on our Website are correct. The final price of a product is displayed in the basket before you confirm your purchase, either on SMORGASBOARD.ie or on our partner Websites.

Delivery

We will endeavour to deliver the Products to you within the below delivery times of your Account order, 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 Product/s. 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. At the time of delivery you may be required to validly sign-off on the delivery of the Products, after which time the Products become your sole responsibility.

Delivery Times

We will dispatch your order as soon as it is in stock. When your order has been dispatched, you will receive an email and can expect the following delivery times:

Ireland: 3 – 5 working days

UK: 4 – 6 working days

Europe: 4 – 7 working days

USA & Canada: 6 – 10 working days

Rest of World (ROW): 8 – 12 working days

Discount/Promotional Codes

Occasionally, SMORGASBOARD Limited will run discount codes in newsletters or through third parties. The following terms and conditions apply to all discount code offers, unless otherwise stated in the promotion.

Percentage off and Special Price Promotions

Special prices and percentage off promotions are reflected on the item’s product page, and prices are as marked.

Returns and Cancellations for Orders with a Promotion or a Discount Code

Returns or cancellations may result in forfeiture of discounts applied at the time an order is placed and you may be responsible to pay any such adjustments.

We will happily exchange any product returned in accordance with our returns policy for an alternative of up to the same value provided it is within the same promotional offer. Payment will be charged for any price difference where any exchanged product is of a higher value. Where any exchanged product is of a lower value, no refund of the price difference will be provided.

Should any item be returned and not exchanged in accordance with our returns policy, a refund will only be applicable where the returned item was not given for free. No refund will be provided for any free items.

Offers are subject to availability and may be changed or withdrawn without notice by SMORGASBOARD Limited at any time.

Website Use & Security

You are entirely responsible for any and all activities in your use of the site. You agree to notify us immediately of any unauthorised use or any other breach of security.

Facebook/Instagram/Twitter Competition Terms & Conditions

  1. The promoter is SMORGASBOARD Limited whose registered office is at 10 Colpe Crescent, Deepforde, Drogheda, Co. Meath, Ireland.
  2. There is no entry fee and no purchase necessary to enter this competition.
  3. The winner of each competition will receive one copy of SMORGASBOARD®, the fun new game for foodies.
  4. Route to entry for the competition and details of how to enter are available through each social media channel.
  5. The opening date for this competition is Wednesday, 19th August 2015 at 19:00 GMT.
  6. Closing date for entry will be Wednesday, 19th August 2015 at 23:59 GMT. After this date no further entries to the competition will be permitted.
  7. The promoter reserves the right to cancel or amend the competition and these terms and conditions without. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  8. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  9. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  10. Winners will be chosen at random from all entries received and verified by Promoter and or its agents.
  11. The winner will be notified within 24 hours of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
  12. The promoter will notify the winner when and where the prize can be collected
  13. The promoter's decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  14. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  15. The competition and these terms and conditions will be governed by Irish law and any disputes will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
  16. This promotion is in no way sponsored, endorsed or administered by the Great British Bake Off, the BBC or Love Productions. Any questions or comments in relation to these competitions should be directed to SMORGASBOARD Limited at the above address.

Social Networking Sharing Tools

SMORGASBOARD.ie may carry embedded ‘share’ buttons to enable users to easily share content with their friends through a number of popular social networks.  These sites may set a cookie when you are also logged in to their service. SMORGASBOARD Limited does not control the dissemination of these cookies and you should check the relevant third party Website for more information about these.

You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on SMORGASBOARD Limited.  So if you click on any of these buttons, these sites will be registering that action and may use that information. In some cases these sites will be registering the fact that you are visiting SMORGASBOARD.ie, and the specific pages you are on, even if you don’t click on the button if you are logged into their services, like Google and Facebook. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

Payment Processing

We use PayPal as our external payment provider for online transactions at SMORGASBOARD.ie.  We require the billing address of the credit card you use so that we can pass this to PayPal, who check the address against the cardholder's details for security purposes.  We don't store the credit card details on our server. PayPal requires that you provide your credit card details to process the transaction.  This is done on a secure PayPal server and data passing between SMORGASBOARD.ie servers and PayPal are encrypted.

Our Use of Your Information

We use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyse site usage, to improve our content and product offerings and to customise our site's content, layout, and services. We believe these uses allow us to improve our site and better tailor it to meet our users' needs.

We may use your email address to send you newsletters or other communications that you have requested from the Site. Out of respect for our users we offer an opt-out via the ‘Unsubscribe’ link in the footer of every promotional email we send.

Disclosure of Your Information

We do not sell or rent any personally identifiable information about you to any third party.

Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.

By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorise us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, Intellectual Property Rights infringements, or other activity that is illegal or may expose us to legal liability.

Website & Use

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 SMORGASBOARD Limited. Any copying, transmission or re-transmission of the same requires the prior written approval of SMORGASBOARD Limited.

Website Advertising

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.

Claims

When you purchase online, you have a statutory right to return a product (other than perishable produce or a special order) up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organise a refund (excluding delivery cost). Any breakages or damage must be reported within 24 hours of purchase/delivery.

Accordance with Specification

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.

Safety

If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained there in at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages 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. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.

Proprietary Rights to Content

User acknowledges that the SMORGASBOARD.ie Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is or may be copyrighted as a collective work under Irish copyright law, and SMORGASBOARD Limited owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the SMORGASBOARD.ie Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under Irish copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

Age of Users

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use SMORGASBOARD Limited without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our Websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the SMORGASBOARD Limited Websites, we will remove that information as soon as possible.

Modification of Terms

We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

General

We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Laws

The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. 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.

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.