Terms of service
OVERVIEW
Welcome to Basic Senses!
The terms “we”, “us” and “our” refer to Basic Senses. Basic Senses operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Basic Senses is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access or use our Services.
Please read these Terms carefully before accessing or using our website.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependants to use the Services on devices you own, purchase or manage.
To use certain Services, including purchasing products, you may be asked to provide information such as your email address, billing, payment and shipping information.
You agree that the information you provide is correct, current and complete and that you have the necessary rights to provide it.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately describe and represent the products available through our online store.
Because many Basic Senses products are handmade in small batches, slight variations in colour, shape, texture, finish and appearance may naturally occur between batches and individual products. These variations are part of the handmade nature of our products and do not affect their intended use or quality.
Colours and product appearance may also vary slightly depending on your device, screen settings and display configuration.
Product descriptions, availability and ranges may change from time to time. We reserve the right to discontinue products or limit quantities where reasonably necessary.
Nothing in this section affects your statutory rights, including your right to receive goods that conform to the sales contract and are as described.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products from Basic Senses.
Your order is accepted when we confirm acceptance of your order. Payment must be successfully authorised and processed.
Please review your order carefully before submitting it. Where possible, we will try to accommodate cancellation requests. Your statutory cancellation and withdrawal rights, where applicable, are not affected.
If we are unable to accept an order, or need to cancel or make a material change to it, we will attempt to contact you using the contact information provided with the order.
Purchases are subject to our Refund Policy
Products purchased through our retail store are intended for personal or household use unless otherwise agreed with us.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change from time to time.
The price charged will be the price displayed and applicable when your order is placed, subject to correction of obvious errors where permitted by law.
The total price and any applicable delivery charges will be displayed during checkout before you complete your purchase.
Where applicable, prices displayed to consumers include taxes required by law.
Additional customs duties, import taxes or charges may apply to international orders where applicable. Any such charges will be communicated or handled in accordance with applicable law.
You agree to provide current, complete and accurate purchase, payment and account information.
You represent that you are authorised to use the payment method supplied for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
We aim to prepare and dispatch orders within the timeframes stated on our website.
Delivery times are estimates unless we have expressly agreed a specific delivery date with you. Delivery may occasionally be affected by postal or courier delays or circumstances outside our reasonable control.
Orders will be delivered to the shipping address provided at checkout. Please ensure your delivery information is complete and accurate before placing your order.
Where required by applicable consumer law, Basic Senses remains responsible for the goods until you, or a person nominated by you other than the carrier, take physical possession of them.
If you independently arrange for a carrier that was not proposed by us, responsibility may transfer in accordance with applicable law when the goods are delivered to that carrier.
Nothing in these Terms affects your statutory rights regarding delivery, damaged or lost goods, non-delivery or delayed delivery.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including our trademarks, brand name, logos, text, images, graphics, product photography, videos, designs and other content, are owned by Basic Senses or our licensors and are protected by applicable intellectual property laws.
These Terms permit you to access and use the Services for your personal, non-commercial use.
You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use material from the Services without our prior written consent, except where such use is permitted by law.
Nothing in these Terms grants you a licence or other rights in the intellectual property of Basic Senses, Shopify or any third party except as expressly stated.
The Basic Senses name, logo, product names, designs and slogans may be trademarks or other protected intellectual property of Basic Senses and may not be used without permission where such permission is required.
Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos and trademarks appearing through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools or functionality supplied by third parties.
We do not necessarily monitor or control these third-party tools. Their use may be subject to separate terms and policies imposed by their providers.
Any use of optional third-party tools is at your discretion, subject always to any rights you have under applicable law.
We may introduce new features, tools or resources in the future. Unless otherwise stated, these will form part of the Services and will be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites or services provided or operated by third parties.
We are not responsible for the content or accuracy of independent third-party websites or services that you choose to access.
If you purchase products or services directly from an independent third party, their own terms, policies and practices may apply.
Nothing in this section excludes or limits any responsibility that cannot lawfully be excluded or limited.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Basic Senses is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Basic Senses.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Basic Senses, including any injury, damage or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Basic Senses, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy
Because our store is hosted by Shopify, Shopify also processes certain personal information in order to provide its ecommerce services.
Shopify’s own privacy practices are described in its privacy documentation.
Our Privacy Policy provides further information about how Basic Senses, Shopify and other service providers may collect, use, disclose and process personal information.
SECTION 11 - FEEDBACK
If you voluntarily submit reviews, suggestions, feedback, ideas, photographs or other content to us (“Feedback”), you confirm that you have the necessary rights to provide that content.
Where you provide Feedback for publication or promotional use, you grant us permission to use, reproduce and display that Feedback for purposes connected with operating and promoting Basic Senses, subject to applicable privacy and intellectual property laws.
You must not submit content that infringes another person’s intellectual property, privacy or other legal rights, or content that is unlawful, abusive, misleading or malicious.
We may moderate or remove Feedback where reasonably necessary.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information available through the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, delivery charges, transit times or availability.
We may correct such errors and update information where appropriate.
If an error materially affects an order you have already placed, we will deal with the matter in accordance with applicable law and, where appropriate, contact you before proceeding.
Nothing in this section limits your statutory consumer rights.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You must not use the Services to:
- engage in unlawful or malicious activity;
- infringe our intellectual property rights or those of another person;
- harass, threaten, abuse, defame or harm another person;
- submit deliberately false or misleading information;
- transmit viruses, malicious code or other harmful material;
- send spam or other unauthorised communications;
- impersonate another person or entity;
- unlawfully collect or track personal information;
- circumvent security or access-control measures; or
- interfere with the proper functioning or security of the Services.
We may restrict or terminate access to the Services where reasonably necessary because of misuse or violation of these Terms.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
Automated systems, software agents or similar technologies that access or interact with our Services must comply with applicable laws, these Terms and any reasonable technical restrictions we or Shopify apply.
Automated tools must not conceal their automated nature, circumvent security measures, bypass access restrictions or interfere with the operation of the Services.
We may use technical measures to restrict automated access where reasonably necessary to protect our Services, customers or systems.
SECTION 15 - TERMINATION
We may suspend or terminate access to all or part of the Services where reasonably necessary, including where these Terms have been materially breached or the Services are being used unlawfully.
Termination does not affect rights or obligations that arose before termination or provisions that, by their nature, should continue afterwards.
Nothing in this section affects your statutory consumer rights relating to an order or purchase.
SECTION 16 - DISCLAIMER OF WARRANTIES
We aim to provide accurate and reliable information through our Services, but general informational content may occasionally contain errors or become outdated.
Nothing in these Terms excludes or limits any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded or limited.
The availability and operation of the website itself may occasionally be interrupted by maintenance, technical problems or circumstances outside our reasonable control.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes, restricts or affects your statutory rights as a consumer or any liability that cannot be excluded under applicable Irish or European Union law.
To the extent permitted by law, Basic Senses will not be responsible for losses that were not reasonably foreseeable when the contract was entered into, or for business losses suffered by a consumer using products for personal purposes.
SECTION 18 - STATUTORY CONSUMER RIGHTS
Nothing in these Terms of Service excludes, restricts or affects any rights or remedies you may have under applicable consumer protection law, including Irish and European Union consumer law.
Products supplied by Basic Senses must meet the standards required by applicable consumer law.
Where any provision of these Terms conflicts with a mandatory consumer right, the applicable consumer law will prevail.
Our voluntary returns policy is additional to, and does not replace or reduce, your statutory consumer rights.
For information about returns, cancellations and the EU right of withdrawal, please see our Refund Policy
SECTION 19 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Basic Senses and its service providers against losses, liabilities or claims arising from your unlawful use of the Services or material breach of these Terms.
Nothing in this section applies in a way that would unfairly restrict or remove rights available to consumers under applicable law.
SECTION 20 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced only to the extent permitted by law or, where appropriate, treated as severed from these Terms.
The remaining provisions will continue to apply.
SECTION 21 - WAIVER AND ENTIRE AGREEMENT
A failure by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and information expressly incorporated into them, constitute the agreement governing your use of the Services.
Nothing in this section limits rights that cannot lawfully be waived or excluded.
SECTION 22 - ASSIGNMENT
You may not transfer your contractual rights or obligations under these Terms where doing so would materially affect our rights or obligations without our consent, except where applicable law provides otherwise.
We may transfer our rights or obligations where permitted by law, provided that doing so does not reduce your statutory consumer rights.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of Ireland.
If you are a consumer residing in another country, you may also benefit from mandatory consumer protection rights available to you under the laws applicable to you.
Nothing in these Terms is intended to restrict any rights you may have under applicable consumer protection law or to prevent you from bringing proceedings in a court where applicable law gives you that right.
SECTION 24 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.
SECTION 25 - CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service on this page.
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will not retrospectively reduce statutory rights that have already arisen in relation to purchases made before the change.
SECTION 26 - CONTACT
Questions about these Terms of Service can be sent to:
Basic Senses
Email: shop@basicsenses.com
Further legal and business information about Basic Senses is available in our Legal Notice.