This page (together with our Privacy & Cookies Policy) sets out the Terms on which we, the business trading as Elm Epicurean (“we”, “our” “us” or “Margadh”) provide our services through our website www.elmepicurean.ie (the “Website”) and the basis on which you can order products through the Website (the “Terms”).

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Please read these Terms carefully before ordering any products or services through the Website, as your purchase of any products or services offered on the Website is subject to these Terms. By ordering products or services via the Website (whether now or in the future), you agree to be bound by these Terms. If you do not accept the Terms, you should leave the Website immediately, and you will not be able to order any products or services through the Website. We reserve the right to change these Terms from time to time by changing them on this page. We recommend that you print a copy of these Terms for future reference. These Terms are only in the English language. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.

Use of your personal information submitted via the Website is governed by our Privacy and Cookies Policy, which incorporated into these Terms by reference and is available here. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.

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About Us

Elm Epicurean is a trading name for Elm Hospitality Ltd with a company number 674917and a registered office at 10 Clanwilliam Sq, Grand Canal Quay, D2.

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Your Status

By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old (or the legal age to buy the relevant products that you wish to buy).

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Electronic Communication

When you visit our Website or shop online on our Website, or send an e-mail to us, you are communicating with us electronically. We communicate with you by e-mail or posting on our Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you complete your details in the Contact section, you agree that you wish to be contacted by us. This condition does not affect your statutory rights.

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Liability

General: To the extent permitted by law, we provide the services and content on the Website on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Website and services, or that it will be timely or error-free or that defects will be corrected. We will not be liable if, for any reason, our Website is unavailable at any time for any period. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.

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Exclusion of liability: Subject to the paragraph directly above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms (including the use, inability to use or the results of use of the Website) for:

• any loss of profits, sales, business or revenue;

• loss or corruption of data, information or software;

• loss of business opportunity;

• loss of anticipated savings;

• loss of goodwill; or

• any indirect or consequential loss.

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Limitation of Liability: Subject to the provisions above, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your order or €250 whichever is lower.

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Force Majeure

We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance.  Non-exhaustive examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction, epidemics, pandemics and natural disasters.

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Indemnification

You agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers and employees, harmless from any claims, damages, expenses, liabilities, costs or demands, including legal expenses, made or brought by any third party due to or arising out of:

• your use of the Website or any part thereof;

• the violation of these Terms or any provision therein by you; or

• any intellectual property rights of any person or entity.

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Intellectual Property Rights

This Website is our proprietary property and all material published on it (including – source code, databases, functionality, software, website designs, audio, video, texts, photographs, and graphics on the Website) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws around the world. All such rights are reserved. Unless expressly provided in these Terms, we do not grant any express or implied right to any intellectual property rights in our Website and the material published on it.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged and you must retain all copyright and other proprietary notices contained in such materials. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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Complaints Procedure

We hope you are pleased with our service, however if you are unhappy with any products or services, please email hello@elmepicurean.ie.

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Feedback

If you have any feedback about content that is featured on our Website, please email us at hello@elmepicurean.ie.

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Severability

If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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Entire Agreement

These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

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No Waiver

Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

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Governing Law

These Terms shall be governed by Irish law and the exclusive jurisdiction of the courts of the Republic of Ireland.

 

Queries

If you have any queries regarding our Terms, please contact us on the phone number or email address below.

+35315341516
hello@elmepicurean.ie

205 Llandaff Terrace, Elm Park Green, Merrion Rd, D4

Your use of this of this Website constitutes acceptance of our Terms as set out.

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