Terms and Conditions

Services & Help

15th February 2010

Kindly pay attention to this Agreement, which contains important clauses which impose obligations on you and which limit or exclude our liability to you.

1. Your Agreement with Budda Bag Online
- 1.1 This page, together with pages referred to within it, constitutes the "Agreement" and details the Terms and Conditions on which Kraken Web Ltd, trading as Budda Bag Online ("Budda Bag Online") supplies Products on Budda Bag Online's website ("the website") at www.buddabagstore.com (and also at www.buddabag.com).
- 1.2 You hereby acknowledge that you have not relied on any statement, representation or promise made or given by or on behalf of Budda Bag Online which is not set out in this Agreement.
- 1.3 Budda Bag Online may, from time to time, make changes to this Agreement, so please refer carefully to the latest version of these Terms and Conditions before making purchases on the website.
- 1.4 "You" and "your" in this Agreement means both you, and/or the person or organisation on whose behalf you are acting.
2. About Budda Bag Online
- 2.1 This Website is operated by Kraken Web Limited t/a Budda Bag Online on behalf of, and in exclusive agreement with, Budda Bag Limited.
- 2.2 Kraken Web Ltd is a Company with limited liability registered under the laws of Ireland with registered number 441293 and registered office at 63 Lower Gardiner Street, Dublin 1, Ireland. This is also our main trading and contact address. We can be contacted by telephone at +44 20 8123 3735 and by email at online@buddabagstore.com.
3. Countries served by Budda Bag Online
- 3.1 This website is intended for use by residents of most countries, the list of applicable countries is to be found in the dropdown list on this page: http://www.buddabagstore.com/create_account.php. This list may vary from time to time.
- 3.2 When ordering goods on the website, you may have your order delivered to one of the following countries ("Delivery Countries"): Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. This list may change from time to time.
- 3.3 For delivery to countries outside this list, please contact Budda Bag Limited at +353 1 8734245, Budda Bag Online at +44 20 8123 3735, or andrew@buddabag.com.
4. Your Acceptance of this Agreement
- 4.1 Please read this Agreement carefully before ordering products from Budda Bag Online. By checking the "I accept the terms and conditions" checkbox during the ordering process, you agree to be legally bound by this Agreement and confirm that you understand it.
- 4.2 You may not order products from the website if you refuse to agree with this Agreement.
- 4.3 Budda Bag Online recommends that you print or save a copy of the Agreement for future reference.
5. Your Status as Customer
- 5.1 By placing an order through the Website, you agree and warrant that:
  - (i) you are at least 18 years old and you are legally capable of entering into this Agreement and on behalf of any person, organisation or entity on whose behalf you are acting;
  - (ii) the information you provide to Budda Bag Online for the purpose of ordering Products is complete and accurate;
  - (iii) you are legally and fully entitled to use any credit card or debit card furnished for the purpose of purchasing goods on the website, and sufficient funds are available on the relevant card to cover the cost of purchases by you; and
  - (iv) if you are acting on behalf of a business, company or organisation, such business, company or organisation is sufficiently creditworthy and able to cover the cost of purchases by you.
- 5.2 Any breach of clause 5.1 will entitle Budda Bag Online to immediately terminate this Agreement and any Contract by notice to you and without any liability to you whatever.
6. How to Order on the Website
- 6.1 Orders are placed using the shopping cart and checkout procedure on the website. Order input errors may be corrected by emailing online@buddabagstore.com or calling +44 20 8123 3735 or +353 1 855 8951.
- 6.2 When your order is placed, you will receive an e-mail from Budda Bag Online acknowledging that Budda Bag Online has received your order and confirming the price, delivery charge and specification of the Product order. Please note that this does not mean that your order has been accepted by Budda Bag Online. Your order constitutes an offer from you to us to buy a Product subject to this Agreement.
- 6.3 All orders are subject to acceptance by Budda Bag Online and availability. Budda Bag Online will confirm its acceptance of your order by sending you an e-mail that confirms that your order has been accepted (which e-mail is called the "Purchase Confirmation") and not otherwise. A legally binding contract between Budda Bag Online and you (called the "Contract") will only be formed when we send you the Purchase Confirmation.
- 6.4 The Contract will relate only to those Products identified in the Purchase Confirmation. Budda Bag Online is not obliged to supply any other Products which may have been part of your order until acceptance of your order in this respect has been confirmed in a separate Purchase Confirmation.
- 6.5 Budda Bag Online accepts no responsibility and will not be liable in any way to you if the Products ordered are unavailable or if an order is rejected, not accepted or not rejected.
- 6.6 Products ordered by you are specially ordered and, in some cases, custom made. Accordingly, an order or Contract for Products may not be cancelled, revoked or terminated by you except as expressly provided in this Agreement or, in specific cases, with Budda Bag Online's prior written consent. An attempted revocation of an order will only be effective if Budda Bag Online confirms its receipt of, and agreement to, the revocation within one (1) business day of the notification first being sent.
- 6.7 Please note that no terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document or communication supplied by you form part of this Agreement or any Contract as a result of such document or communication being referred to in the Contract or otherwise.
- 6.8 This Agreement prevails over any terms and conditions put forward by you and no conduct of Budda Bag Online constitutes acceptance of any terms or conditions put forward by you (unless Budda Bag Online expressly agrees to them in writing by express reference to this clause).
7. Description of Budda Bag Products
- 7.1 You are solely responsible for using your skill and judgement to choose the Products (and their specification) which are suitable for your purposes and needs and ensuring that they are compatible with any other products you have.
- 7.2 The Products supplied are manufactured by or on behalf of Budda Bag Limited and resold by Budda Bag Online in accordance with the manufacturer's standard specifications as these are revised by the manufacturer from time to time. Budda Bag Online accordingly reserves the right to supply Products with a different specification to that ordered where the ordered Product is unavailable to Budda Bag Online provided that the supplied Product has equivalent functionality, performance and price to that ordered. If you exercise your right of cancellation in accordance with clause 8 in respect of any equivalent Product so supplied, Budda Bag Online will bear the cost of returning the Product.
- 7.3 Budda Bag Online will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications and description of the Products is as set out in the Purchase Confirmation.
- 7.4 All samples, photographs, drawings, descriptive matter, specifications and advertising issued or made available by Budda Bag Online and any descriptions or illustrations contained in Budda Bag Online's website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample.
8. Your Consumer Right of Cancellation
- 8.1 If you are ordering Products as a Consumer, you have a limited right to cancel your order in accordance with this clause 8. This right of cancellation does not apply if you are making an order for or on behalf of a business, company or other commercial entity.
- 8.2 Subject to clause 8.3 and 8.4, you may cancel the relevant Contract at any time within seven (7) business days beginning on the day after you received the Products. If you intend to cancel a Contract in accordance with this clause 8, you are asked to notify Budda Bag Online of this by e-mail to online@buddabagstore.com. You must in any case return the Product to Budda Bag Online, at your sole risk and (except where provided in clause 7.2) cost in the same condition in which you received it, together with all relevant packaging, within thirty (30) days of your cancellation of the Contract in order that Budda Bag Online can resell it.
- 8.3 If you cancel a Contract in compliance with clause 8.2, Budda Bag Online will reimburse you in respect of any sums paid by you to Budda Bag Online in accordance with Budda Bag Online's returns policy detailed in clause 17.
- 8.4 You do not have a right of cancellation pursuant to this clause 8 if:
  - (i) the relevant Products were made to your specifications or were clearly personalised or, by reason of their nature, cannot be returned; and/or
  - (ii) you are contracting for or on behalf of a company or other commercial entity.
- 8.5 Budda Bag Online reserves the right to take action against you if the Product returned has, whilst in your possession or control, become unfit for resale or damaged or you have not returned the Product and all relevant packaging included in or with the Product when it was delivered to you.
9. Time is not of the essence
- 9.1 Any dates or times specified by Budda Bag Online for procurement and/or delivery of the Products are an estimate only and time for supply of Products is not, and may not be made by notice, of the essence of this Agreement. A guide to Budda Bag Online's estimated procurement and delivery times is set out here http://www.buddabagstore.com/footer.php?page=delivery_information.
- 9.2 Budda Bag Online will use reasonable efforts to supply Products pursuant to a Contract within the estimated date specified in the Purchase Confirmation or, if no date is specified, within a reasonable period which, if you are a Consumer (but not otherwise) will be no more than forty-five (45) days from the date you submitted your order (unless otherwise agreed between you and Budda Bag Online).
- 9.3 You are not, subject to clause 9.4, entitled to terminate a Contract by reason of the failure of Budda Bag Online to supply Products by the estimated supply date and Budda Bag Online is not liable to you for any losses whatever caused by such failure.
- 9.4 If you are a Consumer and the delivery date cannot be met, and the revised delivery date is more than forty-five (45) days from the date of the Purchase Confirmation, you can cancel the Contract without charge and obtain a full refund if you notify Budda Bag Online, within two (2) days of being informed of the new delivery date, that you are not happy with the revised delivery date.
10. Delivery
- 10.1 Budda Bag Online will deliver the Products during normal business hours to the address (in any of our "Delivery Countries") designated by you and during the period designated by Budda Bag Online, as confirmed in the Purchase Confirmation ("Delivery Point"). While Budda Bag Online will endeavour to meet any request by you in relation to the period during which the Product is to be delivered, the period during which, and the exact time of delivery, is at the discretion of Budda Bag Online.
- 10.2 You must take delivery, and make all arrangements necessary to take delivery, of the Products when they are made available by Budda Bag Online (or its agent) at the Delivery Point during the period for delivery confirmed in the Purchase Confirmation.
- 10.3 Delivery is deemed to take place on and from when the Products are made available by Budda Bag Online (or its nominee) at the Delivery Point. Budda Bag Online may deliver the Products at any reasonable time before or after the quoted delivery date and time, subject to prior notification.
- 10.4 Budda Bag Online may, for practical reasons, deliver the Products to you by separate instalments and will notify you accordingly if this is the case. If you have not paid in advance, each separate instalment will be invoiced and paid for in accordance with the provisions of the Contract.
- 10.5 Each instalment is a separate Contract and no cancellation or termination of any one Contract relating to an instalment entitles you to repudiate or cancel any other Contract or instalment.
- 10.6 You must examine the Products immediately upon receipt of them and notify Budda Bag Online promptly of any mis-delivery.
- 10.7 Budda Bag Online is not liable for non-delivery of, or damage to, the Products where the Products, by prior agreement between you and Budda Bag Online, are carried by you or by a carrier on your behalf.
- 10.8 Budda Bag Online is not liable for:
  - (a) any non-delivery of Products unless you give written notice to Budda Bag Online of the non-delivery within forty eight (48) hours of the date of delivery;
  - (b) delivery of the wrong Product or Product with an incorrect specification unless you give written notice to Budda Bag Online of the mistake within seven (7) days of the date of delivery; and
  - (c) any damaged Products unless you give written notice to Budda Bag Online of the damage within forty eight (48) hours of the date and time of delivery or, if the damage was not apparent to the naked eye, the date and time at which the damage became first become apparent.
- 10.9 Any liability of Budda Bag Online for non-delivery of, or delivery of damaged or incorrect, Products is limited, at Budda Bag Online's discretion, to:
  - (a) delivering or replacing the relevant Products within a reasonable time; or
  - (b) issuing a refund or reduction in price, as appropriate.
- 10.10 If you refuse or fail to take delivery of Products delivered in accordance with the Agreement and a Contract or fail to take any action necessary by you for delivery or receipt of the Products, the Products are deemed to have been delivered by Budda Bag Online and Budda Bag Online is entitled to:
  - (a) dispose of the Products as Budda Bag Online may determine at its sole discretion and recover from you (in addition to the price) any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, disposal costs); or
  - (b) store the Products until final delivery at your sole risk and expense (including for loss or damage caused by Budda Bag Online's, your or the carrier's negligence), whereupon you are liable for all related costs and expenses (including, without limitation, storage, transit, re-delivery and/or insurance) from the date and time of initial delivery.
11. Delivery to Business Customers
- 11.1 This clause 11 also applies in relation to delivery of Products to all businesses (i.e. all non-Consumers) but not in respect of deliveries to Consumers.
- 11.2 The Products are at your sole risk (including for loss or damage arising out of your or the carrier's negligence) on and from when the Products are made available by Budda Bag Online for collection by its nominated carrier.
- 11.3 You are responsible for insuring the Products during delivery (and Budda Bag Online is not required to insure the Products at any time).
- 11.4 The description, quantity and quality of any consignment of Products as recorded by Budda Bag Online on despatch from its premises is conclusive evidence of the description, quantity and quality of Products received by you on delivery unless you can provide conclusive evidence proving the contrary.
12. Title to and risk in Goods
- 12.1 Products are at your sole risk from the time of delivery.
- 12.2 Ownership of, and title to, Products only pass to you when Budda Bag Online receives full payment of all sums due in respect of the Products, including delivery charges. You are not entitled to sell the said Products, or use them as components in any product manufactured and subsequently sold, during the time that they remain the property of Budda Bag Online.
- 12.3 Until ownership of, and title to, the Products has passed to you, you will:
  - (a) hold the Products on a fiduciary basis as Budda Bag Online's bailee;
  - (b) store the Products (at no cost to Budda Bag Online) separately from all your or any third party's other goods and products in such a way that they remain readily identifiable as Budda Bag Online's property;
  - (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
  - (d) maintain the Products in satisfactory condition and, if you are not a Consumer, keep them insured on Budda Bag Online's behalf for their full price against all risks to the reasonable satisfaction of Budda Bag Online. On request, you will promptly produce the policy of insurance to Budda Bag Online.
- 12.4 Budda Bag Online may immediately recover any Products delivered to you which are still owned by Budda Bag Online if you breach any terms of this Agreement or if a Termination Event occurs.
- 12.5 If you fail to pay in full for Products delivered to you, Budda Bag Online will be entitled to claim against you for the price despite the fact that ownership and/or title in the Products has not passed to you.
- 12.6 This clause 12 does not entitle you to return the Products and refuse or delay payment on the grounds that property and/or title have not passed.
- 12.7 You hereby grant Budda Bag Online, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
- 12.8 Each provision in this clause 12 is separate and independent of the other provisions and is severable.
13. Price and Quotes
- 13.1 All amounts quoted on this Website and in any communication issued in response to an order submitted by you (including the Purchase Confirmation) are, and are to be paid, in Euro (€).
- 13.2 The price of any Products, unless a specific quote is given by Budda Bag Online or an error is identified in the order acknowledgment or Purchase Confirmation, is as quoted in this Website from time to time, except in cases of obvious error. Budda Bag Online reserves the right to increase its quoted prices for Products made to your specifications, with non-standard specifications or clearly personalised for you.
- 13.3 Any quotation is valid on its date of issue only and can be revoked by Budda Bag Online at any time. Any quotation is given by Budda Bag Online on the basis that no Contract comes into existence except in accordance with clause 6.
- 13.4 The prices for the Products include VAT but exclude delivery costs (where applicable), which will be added to the total amount due and payable by you as set out in our Delivery Information http://www.buddabagstore.com/footer.php?page=delivery_information.
- 13.5 Catalogues, price lists and other advertising literature or material used by Budda Bag Online are intended only as an indication as to the price and range of the Products offered and no prices, descriptions or other particulars contained in them are binding on Budda Bag Online.
- 13.6 Prices and delivery charges are liable to change or variation at any time in accordance with clause 21, but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.
- 13.7 This Website contains a large number of Products and it is always possible that, despite Budda Bag Online's efforts, some of the Products listed on this Website may be incorrectly priced. If a Product's correct price is higher than the price stated on our Website or quoted to you, Budda Bag Online normally, at its discretion, either contacts you for instructions before dispatching the Product, or rejects your order and notifies you of such rejection.
- 13.8 Budda Bag Online is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you a Purchase Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
14. Payment
- 14.1 You will pay to Budda Bag Online in Euro (€) and in full the price (including delivery charges and VAT, if applicable) in consideration of the supply of the Products pursuant to this Agreement and a Contract (without any abatement, deduction, withholding, counterclaim or set-off). No payment is deemed to have been received until Budda Bag Online has received cleared funds.
- 14.2 Payment for all Products must be made by credit or debit card, via Paypal, or by Bank Transfer, in advance via the Website. Budda Bag Online will not charge your credit or debit card until we accept your order (this may be done automatically at the time of ordering), although we may confirm with your card provider that you have sufficient funds set aside for the purchase before accepting your order.
- 14.3 All payments payable under any Contract become immediately due upon its termination despite any other provision.
- 14.4 Details for making a Bank Transfer will be provided in the email confirmation. Your payment will be considered to have been made when the Bank Transfer has been completed.
15. Termination, Third Party IP and IP Exports
- 15.1 Each Contract is discharged by performance by Budda Bag Online. Budda Bag Online may terminate this Agreement and/or any Contract (or any part of a Contract) immediately by notice in writing to you if:
  - (a) you fail to pay in full any sum due by the required date;
  - (b) you breach any term or condition of this Agreement (whether repudiatory or not) which is incapable of remedy or which, if capable of remedy, is not remedied within seven (7) days of Budda Bag Online writing to you and asking you to remedy the breach;
  - (c) any authorisation, contract, consent or licence required by Budda Bag Online or necessary to supply the Products is terminated or revoked or cannot be obtained;
  - (d) Budda Bag Online is expressly entitled to do so under another term of this Agreement;
  - (e) if you are contracting as a Consumer, you become bankrupt or die.
  - (f) you cease or threaten to cease to trade;
  - (g) you encumber or in any way charge any of the Products in a manner inconsistent with Budda Bag Online's rights under clause 12;
  - (h) you have a petition presented for your winding up; a liquidator appointed to you or a receiver or an examiner appointed to you or over part or all of your assets; you enter into a composition with your creditors (save for the purposes of a bona fide reconstruction or amalgamation); you are unable to pay its debts as they fall due; and/or you suffer any event similar to the foregoing in any other jurisdiction; and/or
  - (i) you breach or are reasonably suspected by Budda Bag Online as having breached Irish, European, US and/or other applicable export control laws, (each and all of which are "Termination Events").
- 15.2 You may terminate this Agreement and/or any Contract (or any part of a Contract) immediately by notice in writing if any of the circumstances described in clause 15.1(h) applies to Budda Bag Online.
- 15.3 You must pay all sums due and owing to Budda Bag Online in respect of a Contract which has expired or terminated, immediately upon such expiration or termination. The termination or expiration of any Contract (or part of a Contract) does not affect your obligation to pay for remaining Products to be supplied by Budda Bag Online to you under another Contract (or the remaining part of a Contract).
- 15.4 Except as expressly stated in this Agreement, on any expiration or termination (for whatever reason) of a Contract, all rights and obligations of either party in respect of each other pursuant to the Contract immediately end. The accrued rights and remedies of the parties as at termination or expiration of a Contract or this Agreement, or the continuation or commencement after such termination or expiration of any provision expressly stated to survive or implicitly surviving termination or expiration will not be affected or prejudiced by the termination or expiration of any Contract or the Agreement.
- 15.5 Budda Bag Online does not own the Intellectual Property in any Products manufactured by third parties which Budda Bag Online resells and, as a result, Budda Bag Online only transfers to you a licence to use such Intellectual Property to the extent that it has the power to do so and, subject to the terms of this Agreement, without any representation and/or warranty from Budda Bag Online in relation to the validity of such Intellectual Property or the manufacturer's right to such Intellectual Property.
- 15.6 You agree to comply with and adhere to the terms of any applicable licence of a third party manufacturer in respect of any Intellectual Property comprised in the Products and not to use such Intellectual Property for any purpose other than the intended and licensed purpose.
- 15.7 If you do not agree to the terms of any applicable licence of a third party manufacturer relating to Intellectual Property comprised in the Products, you must not accept that licence and should immediately return the relevant Product to Budda Bag Online at your sole cost and risk. Any Products returned in this way will be dealt with in accordance with clause 8 and/or 17, as applicable.
- 15.8 Products which include technology and/or software may be subject to EU and US export control laws as well as the laws of the country where it is delivered or used which you are required to abide by. Under these laws, Product may not be sold, leased or transferred to restricted end-users or countries.
17. Budda Bag Warranty
- 17.1 Budda Bag Online warrants that any Budda Bag inner bag branded and made by Budda Bag Limited to your specifications which you purchase under a Contract will be free from material defects in materials, workmanship and design for the life of the Product. Budda Bag Online warrannts that any Budda Bag cover, branded and made by Budda Bag Limited to your specifications which you purchase under a Contract will be free from material defects in materials, workmanship and design for a period of one (1) year, from its date of delivery ("Cover Warranty Period"). This warranty does not apply to the extent of any non-conformance which is caused by or results from:
  - (a) use of the Budda Bag Product contrary to Budda Bag Online's and/or the manufacturer's documents, labels, or instructions;
  - (b) incorrect or unsafe placement of the Product;
  - (c) modification, repair or alteration of the Product by any party other than Budda Bag Online;
  - (d) damage to the Product caused by you and/or external forces; and/or
  - (e) your act, fault or negligence.
  This warranty becomes void and unenforceable if you, or any other person, makes any attempt to cut, tear, stretch or otherwise damage the fabric of the Product.
- 17.2 If, during the Cover Warranty Period, you notify Budda Bag Online in writing of any defect or fault in the Product as a result of which the Product does not conform to the warranty in clause 17.1, Budda Bag Online will, at Budda Bag Online's sole discretion, do one or more of the following:
  - (a) use reasonable commercial efforts to correct any such non-conformance; or
  - (b) provide you with an alternative means of accomplishing the desired performance; or
  - (c) refund any price paid by you for the order value of the non-conforming element of the Product
  provided that you supply all information, co-operation and assistance as may be necessary to assist Budda Bag Online to resolve the defect or fault including sufficient information to enable Budda Bag Online to re-create the defect or fault. To the fullest extent permitted by applicable law and subject to the terms of this Agreement, the remedies set out in this clause 17.2 constitute your sole and exclusive remedy for any breach of the warranty set out in clause 17.1.
- 17.3 Despite clauses 17.1 and 17.2, Budda Bag Online does not warrant and/or undertake that your use of a Budda Bag Product will be uninterrupted or error-free and/or that there are no minor defects in the Budda Bag Product or that Budda Bag Online will correct all defects in the Product.
- 17.4 Budda Bag Online owns any replaced Products or any parts or components removed from a Product during its repair.
- 17.5 The warranty in this clause 17 does not apply to components or parts incorporated into a Product by you or any party other than Budda Bag Online.
- 17.6 This clause 17 does not affect your rights under the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 or the Sale of Goods Act 1893.
- 17.7 You accept sole responsibility for the selection of the specifications of the Product to achieve your intended results.
18. Budda Bag Online Returns policy
- 18.1 Budda Bag Online will comply with its returns policy http://www.buddabagstore.com/footer.php?page=returns, the warranty given in clause 17, where applicable, and its legal statutory obligations in relation to repairs, replacements and refunds including those under the Sale of Goods Act 1893 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
- 18.2 When returning Products, you are asked to comply with Budda Bag Online's returns policy http://www.buddabagstore.com/footer.php?page=returns and this is a requirement for non-Consumers.
- 18.3 You are required to return Products to Budda Bag Limited, at your sole cost and risk if they are returned in accordance with clause 8 under the cooling-off period.
- 18.4 If you return Products to Budda Bag Limited:
  - (a) because you have sought to cancel a Contract in accordance with clause 8 within the cooling-off period, Budda Bag Online will consider the circumstances and will notify you if you are entitled to a refund within a reasonable period of time in accordance with its legal obligations; or
  - (b) for any other reason, Budda Bag Online will consider the circumstances and will notify you of its decision in relation to your rights within a reasonable period having regard to your statutory rights and Budda Bag Online's returns policy http://www.buddabagstore.com/footer.php?page=returns.
- 18.5 Budda Bag Online will usually provide a repair or replacement where required to do so in accordance with this clause 18 as soon as reasonably practicable unless Budda Bag Online, acting reasonably, considers this is impossible or disproportionate. Budda Bag Online will return repaired or replaced Products which fall within the ambit of the warranties and your rights in clause 18.1 at Budda Bag Online's expense.
- 18.6 If you are entitled to a refund or reduction in the price, Budda Bag Online will usually return any money to you using the same method originally used by you to pay for the purchase. Budda Bag Online will usually process a refund or reduction due to you as soon as possible and, in cases where you exercise your right of cancellation under clause 8, within thirty (30) days of the day Budda Bag Online received notification of cancellation, subject to receipt of the returned Product.
- 18.7 If you return a Product to Budda Bag Online which falls outside the ambit of the warranties and your rights in clause 18.1, Budda Bag Online will notify you of this and will return the Product to you at your sole cost and risk and you will be liable to pay Budda Bag Online for the time incurred by Budda Bag Online in inspecting the Product in accordance with our returns policy, and any charges incurred by Budda Bag Online as a result of your failure to initially deal directly with the manufacturer in accordance with its instructions.
- 18.8 Budda Bag Online offers, at its discretion in each case, a repair service where it uses reasonable commercial endeavours to repair Products returned to it which are not covered by the warranties and your rights referred to in clause 18.1. Budda Bag Online will agree with you in advance a charge for any such services if you wish to avail of them.
- 18.9 Budda Bag Online asks that you contact Budda Bag Limited in accordance with our returns policy http://www.buddabagstore.com/footer.php?page=returns. Any Product returned by a non-Consumer to Budda Bag Online without a valid order number will be left in Budda Bag Limited's warehouse for collection by you and, if not collected within thirty (30) days of its receipt, subsequently disposed of as Budda Bag Online sees fit. Budda Bag Online is not responsible in any way whatever for any Product returned by a non-Consumer without a valid order Number.
- 18.10 This clause does not effect your statutory rights.
19. Liability
- 19.1 Budda Bag Online's liability:
  - (a) in respect of death or personal injury caused by Budda Bag Online.s negligence or breach of duty;
  - (b) in respect of fraud or fraudulent misrepresentation;
  - (c) arising by virtue of the Liability for Defective Products Act 1991; and/or
  - (d) which cannot be limited or excluded pursuant to applicable law,
  is not in any way excluded or limited by this Agreement despite any other provision of this Agreement.
- 19.2 If you are dealing as a Consumer, nothing in this Agreement excludes any conditions implied pursuant to sections 12, 13, 14 and 15 of the Sale of Goods Act 1893 and/or your rights under the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
- 19.3 The Products which Budda Bag Online sells are generally Products manufactured by third parties. Subject to clause 19.1 and 19.2, any Products (or part of them, as the case may be, including without limitation, any Intellectual Property comprised in the Products) supplied to you by Budda Bag Online pursuant to this Agreement which were manufactured by a third party carry only the warranty (if any) of the relevant third party manufacturer and you are only entitled to the benefit of that warranty to the extent that Budda Bag Online has the power to pass through the benefit of such third party's warranty to you.
- 19.4 Budda Bag Online, subject to clauses 19.1 and 19.2, excludes all terms, conditions, warranties and representations, whether expressed or implied by statute or common law, to the fullest extent permitted by applicable law including, without limitation, all terms, conditions, warranties and representations implied by section 39 of the Sale of Goods and Supply of Services Act 1980 and sections 13, 14 and 15 of the Sale of Goods Act 1893 (but not in any case that implied pursuant to section 12 of the Sale of Goods Act 1893).
- 19.5 Budda Bag Online, subject to clause 19.6, is responsible for any direct losses you suffer which were reasonably foreseeable to both you and Budda Bag Online when a Contract for the sale of Products by Budda Bag Online to you was formed in accordance with this Agreement subject to a maximum amount which shall be no greater than the amount paid by you for the relevant Product.
- 19.6 Budda Bag Online, subject to clause 19.1 and 19.2, is not liable or responsible for any of the following, whether arising directly or indirectly and irrespective of whether it was advised of the possibility of them in advance:
  - (a) loss of actual or anticipated profits or loss of sales;
  - (b) loss of business, business opportunity, investment or customers;
  - (c) loss of actual or anticipated revenue or savings;
  - (d) loss of, damage to, or reduction in value of, goodwill or reputation;
  - (e) loss and/or liabilities arising under or in relation to any other contract; and/or
  - (f) economic, consequential, exemplary, punitive, special, or incidental damages or losses.
- 19.7 Each of the sub-clauses contained in this clause 19 is capable of surviving separately and independent of each other. You acknowledge and agree that the price payable by you to Budda Bag Online in respect of Products are based upon the assumption that Budda Bag Online's liability is limited and/or excluded in the manner set out in this clause 19 and this Agreement and that such limitation or exclusion is fair and reasonable taking into account the value and price of the Products and your ability and right to source the Products elsewhere or not to purchase them.
20. Force Majeure
- 20.1 Neither party is liable to the other party for any delay or non-performance of its obligations under a Contract arising from any cause or causes beyond its reasonable control (a "Force Majeure Event").
- 20.2 A Force Majeure Event includes any act, event, omission, accident or other circumstances beyond a party's reasonable control and includes, in particular and 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) lack of or inability to use railways, shipping, aircraft, motor transport or other means of public or private transport;
  - (e) lack of or inability to obtain power, supplies or resources;
  - (f) lack of or inability to use public or private telecommunications networks; and/or
  - (g) the acts, decrees, legislation, regulations or restrictions of any government.
- 20.3 A party's performance under any Contract is deemed to be suspended for the period that a Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. Each party will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure event continues for a period in excess of three (3) months, either party will be at liberty to terminate the Contract without incurring any liability whatever for any loss or damage arising therefrom.
21. Data protection
- 21.1 You agree that Budda Bag Online may process any personal data you supply to it in connection with the performance of this Agreement and any Contract as well the maintenance of its relationship with you. Please note that Budda Bag Online may use the services of a third party data processor in connection with the supply of Products to you and processing of payments. It may also provide your personal information to manufacturer where necessary in connection with the performance of your Contract.
22. Variation of Prices / Agreement
- 22.1 The Agreement may be amended by Budda Bag Online from time to time. Budda Bag Online envisages that it will normally post any proposed variations to this Agreement on this Website thirty (30) days prior to the variation of this Agreement taking effect. Variations to the Agreement will not take effect during this notice period. If you do not accept the varied Agreement, you should not purchase any Products from Budda Bag Online to which the varied Agreement applies.
- 22.2 The prices and delivery charges for Products may be increased or decreased without any notice whatever. However, the prices variation will not apply to any Products for which we have already issued a Purchase Confirmation.
23. Definitions
- 23.1 In this Agreement, the following capitalised terms and expressions have the following meanings:
  - "Agreement" has the meaning given to it in clause 1.1
  - "Consumer" means a natural person who is acting for purposes which are outside that person's trade, business or profession.
  - "Contract" has the meaning given to it by clause 6.3.
  - "Delivery Point" has the meaning given to it in clause 10.1.
  - "Purchase Confirmation" has the meaning given to it in clause 6.3.
  - "Budda Bag Online" has the meaning given to it in clause 2.
  - "Intellectual Property" means any intellectual property including, without limitation, any copyright works and related rights (including copyright in computer software and databases), database rights, discoveries, concepts, domain names, patents, trade secrets or other processes, technologies, know-how, inventions, ideas, improvements, information, trade secrets, logos, designs, trademarks, service marks, topography and semi-conductor chip rights, confidential information, business names and all similar rights anywhere in the world existing now or in the future (whether any of the foregoing is registered or unregistered and including any application or right of application or right of renewal in relation to any of them).
  - "Products" means any goods and/or products listed on this Website from time to time and/or supplied to you by Budda Bag Online.
  - "Order Number" means a number allocated to an Order by Budda Bag Online and quoted in correspondence relating to an order and/or returns.
  - "Termination Events" has the meaning given to it in clause 15.1
  - "Website" has the meaning given to it in clause 1.1.
24. Miscellaneous
- 24.1 The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include firms or companies. The section headings to the clauses in this Agreement are inserted for convenience of reference only and are not a part of, and do not or affect the construction or interpretation of, this Agreement.
- 24.2 You may not assign this Agreement and any Contract formed under it, in whole or in part, without Budda Bag Online's prior written consent, which consent will not be unreasonably withheld.
- 24.3 The exercise by Budda Bag Online of any of its rights under this Agreement is without prejudice to any of its other rights and remedies. The provisions of this Agreement may only be waived by either party in writing by express reference to this sub-clause. No delay, neglect or forbearance on the part of either party in enforcing any provision of this Agreement is a waiver, or in any way prejudices any right of a party under this Agreement. A waiver by a party of any breach of any of the provisions of this Agreement does not constitute a general waiver of such provision or of any subsequent act contrary to it.
- 24.4 The contents of any documents referred to in this Agreement form an integral part of this Agreement and have as full effect as if they were incorporated in the body of this Agreement. If any conflict or inconsistency arises between the provisions of this Agreement and any documents referred to in it, the provisions of this Agreement take precedence except if the document expressly provides otherwise.
- 24.5 Each Contract represents the entire understanding of the parties concerning its subject matter and, except as expressly provided in this Agreement, overrides and supersedes all prior and contemporaneous promises, representations, understandings, arrangements, and agreements concerning the same (whether written, oral or implied) which are hereby revoked by mutual consent of the parties. This sub-clause does not exclude any liability for fraud, misrepresentations and/or fraudulent misrepresentations.
- 24.6 If any provisions of this Agreement are held to be unenforceable, illegal or void in whole or in part by a court of competent jurisdiction or a competent authority, the remaining portions of the Agreement will remain in full force and effect to the fullest extent permitted by applicable law.
- 24.7 Budda Bag Online may assign, novate and/or transfer its rights and obligations (or any part of them) under this Agreement and any Contract to (i) any company within the group of companies to which Budda Bag Online belongs from time to time and/or (ii) any third party purchaser of same and/or Budda Bag Online and/or of their assets, (or any part or parts thereof) provided it has no detrimental effect to you. You agree to do all reasonably things necessary to affirm any such acts, at the reasonable cost of Budda Bag Online.
- 24.8 This Agreement and any Contract formed under it are binding on and inure to the benefit of you and Budda Bag Online and, as the case may be, their heirs, estates, successors and permitted assigns.
- 24.9 This Agreement and any matter or dispute concerning or arising out of it or any Contract is exclusively governed by Irish law and is subject to the exclusive jurisdiction of the courts of Ireland. This clause will not prevent Budda Bag Online from making an application for injunctive relief or enforcement proceedings in any jurisdiction.

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Terms and Conditions

1. Your Agreement with Budda Bag Online

2. About Budda Bag Online

3. Countries served by Budda Bag Online

4. Your Acceptance of this Agreement

5. Your Status as Customer

6. How to Order on the Website

7. Description of Budda Bag Products

8. Your Consumer Right of Cancellation

9. Time is not of the essence

10. Delivery

11. Delivery to Business Customers

12. Title to and risk in Goods

13. Price and Quotes

14. Payment

15. Termination, Third Party IP and IP Exports

17. Budda Bag Warranty

18. Budda Bag Online Returns policy

19. Liability

20. Force Majeure

21. Data protection

22. Variation of Prices / Agreement

23. Definitions

24. Miscellaneous