Terms of Service

General Terms

Terms and Conditions Faisean Dublin

Definition and Scope 1.1 In the General Terms and Conditions, the following terms have the following meanings:

Offer: the products offered by the intermediary.
Intermediary: Faisean Dublin;
Order: the product ordered by the buyer, for which a contract has been concluded;
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, or profession and who concludes a distance contract with an intermediary;
Dropshipping: The buyer places an order via the website, whereby the intermediary receives the order and the authorization to act as an intermediary and thus conclude an agreement on one or more products between the buyer and the supplier, with payment being made through the intermediary under the agreement and the supplier delivering the product directly to the buyer;
Form: the withdrawal form provided by the provider, which a consumer can fill in if they wish to exercise their right of withdrawal, as set out in the annex to the terms;
Right of withdrawal: the consumer's ability to withdraw from the contract within the cooling-off period;
Buyer: the person with whom a contract is concluded on behalf of the supplier;
Supplier: the supplier of a product;
Agreement: an agreement between the buyer and the supplier to be concluded or concluded through an intermediary for the purchase of products, using only one or more distance communication techniques for the conclusion of the agreement;
Product: a product offered by the provider via the website through dropshipping;
In writing: any digital communication using characters that can be stored on a durable medium, with the method to be determined by the intermediary;
General terms and conditions: The general terms and conditions are determined by Aussie Origins, acting as an intermediary.

1.2 These terms and conditions apply to every offer from an intermediary, every order, and every agreement, including supplements or amendments thereto, as well as subsequent agreements.

1.3 The scope of the general or purchase conditions of the buyer of the intermediary is explicitly rejected.

1.4 Articles 11.5, 11.6, 12, 13, and 14 of the General Terms and Conditions apply only to consumers.

1.5 If one or more provisions of the terms and conditions are wholly or partially void at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced immediately by a provision that, in mutual agreement, comes as close as possible to the meaning and purpose of the original provision.

Dropshipping

2.1 The details of the supplier are listed on the website.

2.2 If the supplier is not based in Ireland, the ordered product will be registered in the name of the buyer. All additional costs, such as VAT, customs clearance costs, and other government charges, are borne by the buyer.

2.3 The prices stated in the offer are exclusive of VAT and other government charges, as well as exclusive of shipping and any transportation and packaging costs, unless expressly stated otherwise.

2.4 Payment for the order will be handled through an intermediary, with the intermediary paying the supplier on behalf of the buyer.

2.5 The difference in amount between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier is to be considered as compensation for the services provided by the intermediary.

Offer

3.1 Each offer made by an intermediary has a limited validity period, i.e., until the time when a product is no longer in stock or available from the supplier ("expires") or cannot be ordered through the website anymore.

3.2 If an offer is made under specific conditions, this will be explicitly mentioned in the offer.

3.3 Each offer is non-binding. The intermediary is entitled to change the offer at any time.

3.4 Each offer includes a complete and as accurate as possible description of the products to enable a correct assessment by the buyer. Images of products are a faithful representation of a product. The intermediary cannot guarantee that the colors shown exactly match the real colors of a product. When the buyer places an order, he could assess the product, the image, and the description of the product taking into account the above.

3.5 All illustrations and descriptions of a product are indicative and cannot be a reason for compensation or contract termination in case of inaccuracies and/or deviations unless they deviate from the essential product characteristics to such an extent that it is actually a different product than the one the buyer intended to order.

3.6 Each offer that the buyer could reasonably expect, or should have understood, contains an obvious typographical error or an obvious mistake does not have to be honored by the intermediary. The buyer cannot derive any rights from such an error or mistake.

Agreement

4.1 Subject to the provisions of Article 4.5, a contract is concluded at the time of acceptance of the offer and placement of the order by the buyer in accordance with the specified conditions.

4.2 The agreement is concluded in the English language unless the intermediary offers the terms and further communication in another language through the website. In the latter case, a contract can also be concluded in a language of the buyer's choice, and the buyer can communicate with the intermediary in that language.

4.3 If the buyer accepts the offer electronically, the intermediary immediately confirms receipt of the acceptance electronically, thereby concluding the contract. As long as receipt of the acceptance has not been confirmed by the intermediary, the buyer can dissolve the contract.

4.4 The intermediary takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure environment. The intermediary will take adequate security measures when the buyer is able to pay electronically.

4.5 The intermediary may inquire whether the buyer can meet its payment obligations and about anything else that may be relevant to the responsible conclusion of the contract. If the intermediary has good reasons not to conclude the contract, it is entitled to refuse acceptance or the order or to connect the execution with special conditions.

4.6 The buyer ensures that all information that the intermediary indicates as necessary or that the buyer should reasonably understand to be necessary for the execution of the contract is provided to the intermediary in a timely manner. If such information is not provided to the intermediary in a timely manner, the intermediary has the right to suspend the fulfillment of the contract and/or to charge the buyer for the additional costs incurred due to the delay at the usual rates of the intermediary.

4.7 The intermediary is not liable for damages of any kind arising from the fact that the intermediary relied on incorrect and/or incomplete information from the buyer, unless such incorrectness or incompleteness was known to the intermediary.

Price

5.1 The prices mentioned in the offer are based on the cost factors applicable at the time of contract formation, such as import and export duties, freight and unloading costs, insurance, and any duties and taxes. All favorable and unfavorable differences at the time of arrival, departure, or delivery accrue to the benefit or at the expense of the buyer.

5.2 The offer prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the intermediary is not obliged to deliver the product at the incorrect price.

5.3 A composite offer does not obligate the intermediary to deliver a portion of the goods included in the offer or quotation at a corresponding portion of the specified price.

Conformity and Warranty

6.1 Subject to the provisions set forth in the General Terms and Conditions, the products conform to the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or fitness for purpose, and the legal provisions and regulations in force on the day of contract formation.

6.2 The intermediary advises that certain products have a limited minimum shelf life, which is indicated on the respective product. The buyer must consider this shelf life to ensure the quality and safety of the product in accordance with the supplier's warranty.

6.3 Any defects or incorrectly delivered products must be reported to the intermediary in writing within four (4) weeks of delivery. The products must be returned in their original packaging and unused condition.

6.4 The warranty period of the intermediary corresponds to the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.

6.5 In the event of a warranty claim, the intermediary will, at its discretion, provide replacement or repair. In the case of a replacement, the buyer agrees to return the replaced item to the intermediary.

6.6 The warranty does not apply if:

The buyer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the intermediary's instructions and/or handling on the packaging.
the defect is wholly or partly attributable to regulations issued or to be issued by the government regarding the type or quality of the materials used.

21. Delivery and Execution

7.1 The intermediary will process orders for products with the utmost care.

7.2 The place of delivery is the address provided by the buyer to the intermediary when placing the order.

7.3 The intermediary will promptly forward and execute accepted orders.

7.4 All delivery times are indicative. For deliveries of products from a country other than the Ireland, delivery times may be longer than stated on the website. This period depends on the delivery time of the supplier. The buyer cannot derive any rights from any of the mentioned periods.

7.5 If an order cannot be executed or only partially executed, the buyer will be informed within 30 days of placing the order.

7.6 The intermediary is entitled to deliver the goods in parts, unless agreed otherwise or the partial delivery has no independent value. The intermediary is entitled to invoice the goods delivered in this way separately. Exceeding a deadline does not entitle the buyer to compensation.

7.7 The delivery times stated on the website are indicative only.

7.8 If the specified delivery time is exceeded, the buyer is not entitled to dissolve the contract or compensation, unless expressly agreed otherwise.

7.9 In the event of dissolution in accordance with the provisions of paragraph 3 of this article, the intermediary will refund the amount paid by the buyer as soon as possible, but no later than 14 days after dissolution.

7.10 If the delivery of an ordered product proves impossible, the intermediary will make every effort to provide a substitute item. A clear and understandable notification that a substitute item will be delivered will be made no later than at the time of delivery. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of return shipping are borne by the intermediary.

7.11 The risk of damage and/or loss of products is with the intermediary until the moment of delivery to the buyer or a representative appointed in advance and notified to the intermediary, unless expressly agreed otherwise. Acceptance of goods without remarks on the waybill/invoice constitutes evidence that the packaging was in good condition at the time of delivery.

22. Payment

8.1 Unless otherwise agreed, the amounts due from the buyer under the agreement must be paid immediately after placing the order.

8.2 The buyer is obliged to report any inaccuracies in the specified payment details to the intermediary immediately.

8.3 If the buyer fails to fulfill his payment obligation(s) in a timely manner, he shall owe statutory interest on the amount still owed, and if the buyer is not a consumer, he shall owe statutory commercial interest, and the intermediary is entitled to invoice the extrajudicial collection costs incurred by the intermediary or on his behalf. The collection costs will be calculated in accordance with the Act and the Regulation on Compensation for Extrajudicial Collection Costs.

23. Provisions Regarding the Website and Products

9.1 The intermediary is not responsible for errors and/or irregularities in the functionality of the website. The intermediary is not liable for malfunctions or unavailability of the website for any reason whatsoever.

9.2 The intermediary does not guarantee the correct and complete transmission of the content of emails or other digital communications sent by or on behalf of the intermediary, nor their timely receipt.

9.3 Any claims by the buyer due to defects on the part of the intermediary expire if they have not been notified to the intermediary in writing within one (1) year after the buyer became aware of the defects on which he bases his claims or could reasonably have become aware of them.

9.4 The intermediary expressly disclaims all liabilities and claims by buyers and third parties who have suffered (physical) damages due to careless, incorrect, or unnecessary use of the products. The products may only be used in accordance with the instructions for use.

9.5 The intermediary recommends that the buyer always reads the user manual before use and acts accordingly. The products must be stored and used in accordance with the instructions for use.

9.6 All advice on the use of products is of a general and non-binding nature. The buyer must assess for himself and at his own risk whether a product is suitable for him. In case of doubt about the use of a product, the supplier or the buyer's (house) doctor should be consulted to assess its use in a specific case.

9.7 Certain products, such as products containing small parts, products for external care, and electrical appliances, should be kept out of reach of small children.

9.8 The intermediary advises the buyer at all times, especially during pregnancy, breastfeeding, medication use, and in case of doubt about hypersensitivity to any of the ingredients, to consult an expert if necessary before using products, such as cosmetic care products, after reading the instructions for use.

24. Force Majeure

10.1 The intermediary is not liable to the buyer if obligations under the contract cannot be fulfilled as a result of force majeure. Force majeure shall in any case include:

Force majeure on the part of the supplier;
governmental measures and restrictions;
power outage;
interruption of the internet, data network, and telecommunication facilities, e.g., due to cybercrime and hacking;
natural disasters;
war and terrorist attacks;
general transportation problems and restrictions;
supplier or representative strikes;
and other situations beyond the control of the intermediary that temporarily or permanently prevent the fulfillment of obligations.

10.2 During the period in which force majeure persists, obligations under the agreement are suspended. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to compensate the other party or the intermediary.

10.3 To the extent that the contractor has already partially fulfilled its obligations under the contract or can fulfill them at the time of force majeure, and the fulfilled or to be fulfilled part has an independent value, the contractor is entitled to invoice the part already fulfilled or to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate agreement.

25. Data Protection

11.1 The buyer's (personal) data will be included in a database. These data are primarily used for the execution of the agreement. Upon request, the intermediary may send information about its products, such as newsletters and offers, to the buyer. The buyer may at any time object to the use of personal data for direct marketing purposes and/or to the (further) receipt of (specific) marketing information by sending an objection to the intermediary.

11.2 The buyer agrees to the use of electronic communication means. The buyer acknowledges that despite all reasonable security measures taken by the intermediary, electronic communication is not secure and may be intercepted, manipulated, infected, delayed, or misdirected, including by viruses and spam filters. Likewise, an intermediary cannot offer absolute security against unauthorized consultation.

11.3 The intermediary takes appropriate measures to ensure the confidentiality and secure storage of (personal) data.

11.4 As part of contract performance, (personal) data may also be transferred to countries outside the European Union, for example, to a supplier in China, as otherwise the contract between the buyer and the supplier cannot be executed, and the delivery of the order to the buyer by the supplier cannot take place. However, the intermediary will provide contractual guarantees in this regard.

11.5 The buyer, who is a consumer, has the right to request the contractor in writing to grant access to the personal data processed by the contractor and/or (if applicable) to correct, supplement, remove, or block them. A request for inspection and/or correction must be addressed to the management of the intermediary. Upon the buyer's initial request, the registered personal data will be provided, corrected, or removed.

11.6 The personal data of the buyer, who is a consumer, will not be disclosed to third parties unless the intermediary is obliged to do so by or pursuant to applicable laws and regulations, or it is necessary for the execution of the contract.

26. Consumer

12.1 For consumers, prices are stated including VAT, taxes, and shipping costs.

12.2 Before a contract is concluded with a consumer, the text of the terms and conditions will be made available to the consumer (electronically) in such a way that the consumer can easily save it on another durable medium. If this is not reasonably possible, it will be indicated before concluding the contract where and how the terms and conditions can be viewed electronically and that the terms and conditions can be sent electronically or otherwise to the consumer free of charge upon request.

12.3 For the benefit of the consumer, the intermediary will provide the following information on the website or ensure that this information can be stored and accessed on a durable medium:

the conditions under which and the manner in which the consumer can submit a complaint;
the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement that he is excluded from the right of withdrawal;
information about warranty and customer service; and
the form.

12.4 For the exercise of all legal rights that the consumer has against the provider, the consumer can contact an intermediary, provided this is in accordance with the terms and conditions.

12.5 A warranty provided by the intermediary or supplier or on its behalf does not affect the consumer's statutory rights under the contract against the intermediary.

12.6 In the event of the application of Article 7.5, the buyer who is a consumer has the right to terminate the contract free of charge with regard to products that are not deliverable or not deliverable within a reasonable period.

12.7 The intermediary may deviate from Article 8.3 regarding the collection costs to be charged to the consumer.

27. Right of Withdrawal

13.1 When purchasing products, the consumer has the option to terminate the contract without giving reasons for a period of 14 days. This reflection period begins on the day after the consumer or a previously designated representative, notified to the intermediary, receives the product.

13.2 During the reflection period, the consumer must handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, the consumer will return the product to the intermediary with all accessories supplied and, if reasonably possible, in its original condition and packaging in accordance with the reasonable instructions of the intermediary.

13.3 If the consumer wishes to exercise his right of withdrawal, he must notify the intermediary within 14 days of receiving the product using the form. After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the product to the intermediary or supplier within 14 days. The consumer must prove that the products have been returned in a timely manner.

13.4 If the consumer has not notified within the deadlines mentioned in Articles 13.2 and 13.3 that he wishes to exercise his right of withdrawal, or if he has not returned the product to the intermediary, the purchase is final.

The following products are excluded from the right of withdrawal:

a) Products that are clearly of a personal nature;

b) Products that cannot be returned due to their nature;

c) Products that can quickly spoil or age;

d) Products whose price is subject to fluctuations in the financial market and over which the intermediary has no influence;

e) Audio and video recordings and computer software whose seal has been broken after delivery;

f) Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; and

g) Products that are made according to consumer specifications or are clearly tailored to the personal needs of the consumer.

28. Costs of Withdrawal

14.1 If a consumer exercises their right of withdrawal, they shall bear the cost of returning the goods.

14.2 If a consumer has made a payment, the intermediary shall refund this amount to the consumer as soon as possible, but no later than 14 days after receipt of the withdrawal. Refunds shall be made using the same payment method that was used for the purchase, unless the consumer expressly agrees to a different payment method and the intermediary accepts this method. A prerequisite for a refund is that the product has already been received by the intermediary or supplier, or conclusive proof of complete return has been provided.

14.3 In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any depreciation in the value of the product.

29. Complaints and Disputes

15.1 If the buyer has a complaint, the buyer must notify the intermediary in writing.

15.2 A complaint does not suspend the obligations of the buyer or the intermediary, unless the intermediary indicates otherwise in writing.

15.3 A complaint about the execution of the agreement must be submitted in writing and with reasons stated within seven (7) days after the buyer has discovered the defects.

15.4 A response to a complaint must be provided within 14 days from the date of receipt by an authorized representative. If a complaint requires a foreseeable longer processing time, the complainant shall be notified within 14 days and informed of the period within which the complaint will be processed.

15.5 The intermediary shall have a minimum of four (4) weeks at any time to resolve a complaint by mutual agreement. After this period, the complaint shall be considered a dispute within the meaning of Article 15.8.

15.6 If the intermediary deems a complaint to be justified, they will, at their discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint shall be considered a dispute within the meaning of Article 15.8.

15.7 If the complainant is a consumer, they may also refer the matter to a dispute resolution body via the European ODR platform (https://ec.europa.eu/consumers/odr/).

15.8 All disputes arising out of or in connection with the contract or to which the terms are applicable shall be governed solely by Ireland law and shall be subject to the exclusive jurisdiction of the court, regardless of the residence of the buyer or any third party, unless mandatory legal provisions lead to the jurisdiction of another court.

15.9 The applicability of the Vienna Sales Convention is excluded.