Terms and Conditions of Sale

 

These Terms and Conditions of Sale (these “Terms of Sale”) govern all aspects of your purchase of merchandising products at geraldmkilby.com. In these Terms of Sale, “you” refers to you as our customer “We”, “Us”, “Website” refers to geraldmkiby.com t/a Outer Planet Media. We can be contacted by email: merch@geraldmkilby.com

1. Our Contract
1.1 By placing an order with geraldmkilby.com you are offering to purchase a product on and subject to these Terms of Sale. All orders are subject to availability and confirmation of the order price.
1.2 When you place an order or complete the payment approval process, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). When your products are placed into production, we will notify you with a “Production Confirmation”. When we dispatch the products to you we will send you “Dispatch Confirmation”.
1.3 Merchandising Products purchased on this site are fulfilled by a third party print-on-demand service, printfull.com.

2. Cancellation
You can cancel an order anytime before receiving the Dispatch Confirmation email. It takes approximately 3-7 days to fulfill (pick, print and pack) an order before shipping and you can cancel anytime during this period for a full refund. Refunds will be paid back to the same card / payment service as you used for the initial transaction.
To cancel your order please contact us at merch@geraldmkilby.com indicating your order number.

3. Delivery
See Delivery & Returns

4. Customs
See Delivery & Returns

5. Our Liability
geraldmkilby.com, Outer Planet Media and its affiliates will not be responsible for: (i) losses that were not caused by any breach on our part, (ii) any delay or failure to comply with our obligations under these Terms of Sale which arises from any cause which is beyond our reasonable control, (iii) any business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these Terms of Sale limits or excludes our responsibility for fraud or fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct, or any other liability that under applicable law may not be so limited or excluded.
To the fullest extent possible under applicable law, except as expressly set out in these Terms of Sale we exclude any and all terms, conditions, warranties and representations of any kind whether express or implied, in relation to our products. However, this does not affect any of your statutory rights including in relation to products that are not of satisfactory quality, or your contract cancellation rights.

6. Privacy
Please note that using our website to purchase products or otherwise may require or involve the submission, collection and/or use of certain personally identifying or identifiable information to or by us, our Store Operators and/or third party payment or data processors operating on our behalf. You expressly consent our website’s disclosure and use of your personal information as needed to fulfill our obligations under these Terms of Sale and as provided in our Privacy Policy.

7. Disputes Governing Law
7.1 These Terms of Sale, their interpretation, the rights and remedies provided hereunder, and any and all claims and disputes related hereto, or the breach, termination or validity thereof, the relationships which result from or pursuant to these Terms of Sale, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with Irish law, without respect to its conflict of laws principles.
7.2 You and we submit to the exclusive jurisdiction of the courts of Ireland, in relation to any dispute arising out of or in connection with these Terms of Sale, provided that we may seek injunctive or other appropriate relief in any country or region if you have violated or threatened to violate the intellectual property rights of geraldmkilby.com or a third party.

8. Amendments to these Terms of Sale
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time that you order products from us, unless any change to those Terms of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).

9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

9.2 An Event Outside Our Control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10. Other important terms

10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

11. Severability
If any part of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining parts.

12. Waiver
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.

13. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

14. Privacy
See Privacy Policy