Terms and Conditions

Welcome to theBookmark.ie. These Terms and Conditions set out the basis on which you may use our website at www.thebookmark.ie and buy goods from us. They are written to be as clear as possible so you know what to expect.

These terms apply to everyone who visits or uses the site, whether you register an account or simply browse. By accessing or using the website, or by placing an order, you agree to be bound by these terms. If you do not agree, please do not use the site.

We may update these terms from time to time to reflect changes in our business, our website, or the law. The version in force is the one published on this page at the time you use the site or place your order. Please check back periodically for the latest version.

1. About Us and These Terms

theBookmark.ie is an online retailer operating in Ireland. If you need to contact us about your order or these terms, you can reach us through the contact details published on our website.

These terms cover your use of the website and any correspondence between us. You can browse most of the site without registering, but certain features require you to create an account. Specific terms may apply to particular products, services, or pages, and where they do, they form part of these terms. If there is any conflict, the specific terms for that product or page take priority.

Nothing in these terms affects your statutory rights as a consumer under Irish and EU law, including the Consumer Rights Act 2022. Where any term in this document conflicts with your statutory rights, your statutory rights prevail.

2. Eligibility and Your Account

To place an order you must be at least 18 years of age and legally capable of entering into a binding contract. If you create an account, you are responsible for keeping your login details confidential and for all activity that takes place under your account. Please let us know promptly if you believe your account has been used without your permission.

You agree that the information you provide when registering or ordering is accurate, current, and complete, and that you will keep it up to date.

3. Using Our Content

We are happy for you to browse the website and use it to explore and buy our products. The following applies to the content on our site:

•       Our content is protected. All material on the site, including text, photographs, graphics, logos, and layout, is owned by us or our licensors and is protected by Irish, EU, and international copyright and intellectual property laws.

•       Limited use. You may view the website and use it to make purchases for your own personal, non-commercial use. You may not copy, reproduce, republish, modify, distribute, or commercially exploit any content without our prior written permission.

•       Breaking the rules. If you misuse our content or breach these terms, your right to use the website ends immediately, and you must destroy or delete any copies of our materials you have made.

4. Orders and Contract Formation

Your order is an offer to buy the goods in your basket. After you place an order, we will send an acknowledgement confirming we have received it. This acknowledgement does not mean your order has been accepted.

A binding contract is formed only when we send you confirmation that your goods have been dispatched. If we are unable to fulfil your order, for example because an item is out of stock or there has been a pricing error, we will let you know and will not charge you, or will refund any payment already taken.

We reserve the right to refuse or cancel any order before dispatch, including where we suspect fraudulent activity or where an item has been listed at an incorrect price due to an obvious error.

5. Pricing and Payment

Prices are shown in euro and include VAT where applicable. Delivery charges, where they apply, are shown separately before you complete your order. We take care to ensure prices are accurate, but errors can occur. If we discover an error in the price of goods you have ordered, we will contact you to ask whether you wish to proceed at the correct price or cancel the order.

Payment is taken using the methods shown at checkout. You confirm that you are authorised to use the payment method you provide.

6. Website Availability

We aim to keep the website available at all times, but we cannot guarantee uninterrupted access. We may suspend, withdraw, or restrict access to all or part of the site for maintenance, repairs, or other operational or legal reasons. We will not be liable to you if the site is unavailable at any time or for any period.

7. Your Contributions

If you submit any content to the website, such as reviews, comments, or files, the following applies:

•       Licence to use. Apart from personal data covered by our Privacy Statement, any content you submit is treated as non-confidential. You grant us a non-exclusive, royalty-free, perpetual licence to use, reproduce, adapt, and publish it for any purpose connected with our business.

•       You must not submit anything that is threatening, abusive, defamatory, obscene, discriminatory, or otherwise objectionable, or that is likely to cause harm, harassment, or distress.

•       You must not use the site for unsolicited marketing, spam, or other commercial purposes without our consent.

•       You must not submit anything unlawful, anything that infringes another person's rights, or anything that contains viruses or other harmful code.

•       You must not collect other users' personal information without their consent, or attempt to gain unauthorised access to, interfere with, or damage the website or its users.

We will cooperate with any law enforcement authority or court order that requires us to disclose the identity of anyone posting content in breach of these terms.

8. Links to Other Websites

The website may contain links to third-party sites for your convenience. These links do not imply any endorsement by us. We do not control and are not responsible for the content, availability, or practices of those sites, and you access them at your own risk.

9. Accuracy of Information

We take reasonable care to ensure the information on our website is accurate and up to date, but we do not warrant that it is always complete, current, or error-free. Product descriptions, images, content, and prices may change without notice, and some information may become out of date. Except as required by law, the website and its content are provided on an “as is” basis.

10. Our Liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any breach of your statutory rights as a consumer, or for any other liability that cannot be limited or excluded under Irish law.

Subject to the above, we are not liable for losses that were not foreseeable, that arise from your failure to follow our reasonable instructions, or that relate to your use of the website rather than the goods you purchased, including:

•       losses arising from your inability to access the site;

•       loss or damage caused by viruses or other harmful material affecting your device, software, or data as a result of using the site; and

•       losses arising from your use of linked third-party websites.

Because you are a consumer, we supply our products for your private use, and we are not liable for any business loss such as loss of profit, loss of business, or business interruption.

11. Your Right to Cancel (Cooling-Off Period)

If you are a consumer buying online, you have a statutory right under the Consumer Rights Act 2022 to cancel your order for any reason within 14 days, without giving a reason. This cooling-off period ends 14 days after the day on which you (or someone you nominate) receive the goods. Where your order is delivered in several instalments, the period ends 14 days after you receive the last item.

To cancel, you must tell us clearly of your decision before the cooling-off period ends, by email, post, or any other clear statement. You may use a cancellation form, but you do not have to.

•       Returning the goods. After telling us you wish to cancel, you must return the goods to us without undue delay and within 14 days. You bear the direct cost of return unless we have agreed otherwise or the goods are faulty.

•       Condition of goods. You may handle the goods only as you would in a shop. If their value is reduced because you handled them more than necessary, we may deduct an amount to reflect that reduction.

•       Refund after cancellation. We will refund the price you paid, including standard delivery, no later than 14 days after we receive the goods back, or after you provide evidence that you have returned them, whichever is earlier. We may withhold the refund until then.

Certain items are exempt from the cooling-off period under the Consumer Rights Act 2022, for example goods that are sealed for health or hygiene reasons and have been unsealed after delivery, made-to-order or personalised items, and sealed audio, video, or software that has been unsealed. Where an exemption applies, we will tell you before you order.

12. Faulty, Incorrect, or Misdescribed Goods

Under the Consumer Rights Act 2022, the goods we supply must be of merchantable quality, fit for their purpose, as described, and match any sample or model shown to you. These rights are in addition to, and separate from, the cooling-off period above.

If goods are faulty, not as described, or otherwise not in conformity with your contract, you may be entitled to a repair, replacement, price reduction, or refund. Please contact us as soon as you become aware of the problem, with details of the fault and a description of when it arose. We may ask you to return the item; if it is genuinely faulty, we will cover the reasonable cost of return.

Many products also carry a manufacturer's guarantee, typically 12 months. A manufacturer's guarantee is in addition to, and does not replace, your statutory rights. Before reporting a fault, it can help to check items such as the plug, fuse, batteries, and instructions.

13. Waste Electrical and Electronic Equipment (WEEE)

If you buy a new electrical or electronic product from us that replaces a similar old one, we will take back your old item free of charge, as required under WEEE legislation. You should return the old item within a reasonable period of your new purchase, and you cover the cost of returning it to us.

14. Refunds

Where you are entitled to a refund, whether following a cancellation, a faulty item, or a cancelled order, we will process it using the same payment method you used, unless you agree otherwise. Refunds are made without undue delay and, in any event, within 14 days, in line with the timeframes set out in the relevant sections above. You will not incur any fee as a result of the refund.

15. Events Outside Our Control

We are not responsible for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, such as severe weather, fire, flood, power failure, industrial action, or the acts of third parties. If such an event occurs, we will contact you and take reasonable steps to minimise any delay.

16. Data Protection

We process personal data in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and our Privacy Statement, which explains what data we collect, how we use it, and your rights. Please read our Privacy Statement for full details.

17. Complaints and Dispute Resolution

If you are unhappy with any product or with our service, please contact us first so we have the chance to put things right. If we cannot resolve your complaint, you may refer it to the Competition and Consumer Protection Commission (CCPC). For cross-border purchases within the EU, the European Consumer Centre (ECC) Ireland may also be able to assist.

18. General

•       If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions continue in full effect.

•       Our failure to enforce any right under these terms is not a waiver of that right.

•       These terms are between you and us, and no other person has any right to enforce them.

19. Governing Law and Jurisdiction

These terms are governed by the laws of Ireland. As a consumer, you benefit from the mandatory protections of the law of the country where you live, and nothing in these terms affects that. Any dispute may be brought before the courts of Ireland, and where you are a consumer resident in another EU country, you may also be entitled to bring proceedings in the courts of your own country.