Terms and Conditions

Fat Tony’s Online Shop

TERMS AND CONDITIONS

1) INTRODUCTION

Access to or the use of this website (shop.fattonys.ie), including all the pages under the domain shop.fattonys.ie are all governed by the Terms and Conditions set out here below. By using this website, you are accepting these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them then you must stop using this website immediately.

Accessing the domain names fattonysshop.com, fattonysshop.ie, and barberapparel.ie will redirect you to this website under the domain name shop.fattonys.ie.

The term ‘website’ in the Terms and Conditions agreement here is use to refer to the website shop.fattonys.ie and the pages under this domain unless otherwise specified.

The terms ‘we’, ‘us’, and ‘our’ will be used interchangeably here in the Terms and Conditions for this website to mean Goomba Limited, the owner of this website shop.fattonys.ie.

The term ‘you’ and ‘your’ will be used here in the Terms and Conditions for this website to mean the person accessing this website shop.fattonys.ie.

The terms ‘intellectual properties’, ‘materials’, and ‘contents’ will be used interchangeably here in the Terms and Conditions for this website to mean the same thing.

Goomba Limited is the sole owner of the registered trademark business name ‘Fat Tony‚Äôs Barber Shop’, ‘FT Quality Products’ trademark and logo, and all the intellectual property that are on this website. Any use or reproduction of any contents from this website without prior written consent of Goomba Limited is prohibited.

Goomba Limited reserves the right to make any changes to the information, design, services, and products offered on this website from time-to-time without any notice, without liability, and without having to obtain your consent.

Goomba Limited reserves the right to add, remove, amend, or revise its Terms and Conditions here without any notice, and without having to obtain your consent. The revised Terms and Conditions will apply to the use of this website immediately from the date it was published on this website. Your continued use and access to this website following the changes to the Terms and Conditions will mean that you accept those changes.

2) COPYRIGHT

Goomba Limited owns the copyright and all the intellectual properties on this website. The intellectual properties that Goomba Limited owns include but are not limited to are the text, graphics, logos, images, photographs, artwork, icons, page layout, and underlying computer codes.

The copyright of our intellectual properties on this website is governed by the Copyright & Related Rights Act, 2000.

Copyright ©Goomba Limited 2017. All rights reserved. Goomba Limited does not grant anyone the rights to copy, adapt, edit, change, transform, publish, republish, distribute, redistribute, the website, or any materials on this website without prior written consent by Goomba Limited.

Goomba Limited also prohibits the automated and/ or systematic collection of data from this website without prior written consent from Goomba Limited.

Goomba Limited grants you the right to:

  • View this website and the materials on a computer or mobile device through a web browser.
  • Copy and store this website and the materials from this website on your web browser cache memory, and print pages from this website for your personal and non-commercial use. Use of this website and its copyright materials in any other ways are not permitted without prior written consent by Goomba Limited.

Permission must be granted in writing by Goomba Limited for the person wanting to use this website and the intellectual properties on this website in any ways not permitted in the Terms and Conditions set out here.

3) DISCLAIMER

Goomba Limited accepts no responsibility for the content of any third party websites to which this website refers.

By using this website you agree you will not bring any claim personally against Goomba Limited and its employees concerning any losses you suffer in connection with this website. You agree that the limitations of warranties and liability set out in this website's Disclaimer here, and in our 17) Disclaimer of Warranties; Limitation of Liability section are reasonable and will protect Goomba Limited and its employee. If you do not think that this website's Disclaimer is reasonable then you must stop using this website immediately.

4) LINKING POLICY

Other websites linking to shop.fattonys.ie

The Linking Policy here states the terms and conditions for links pointing to this website. By using this website you agree to adhere to the terms and conditions of this Linking Policy.

You can link your website to this website (shop.fattonys.ie) and the pages under this domain only if our Linking Policy's terms and conditions set out here are followed:

  • Links pointing to this website are to always use appropriate link texts and not the Registered trademark Fat Tony‚Äôs Barber Shop logo unless permitted by Goomba Limited through prior written consent.
  • Links pointing to this website should only be directed to either one of these URLs:
    • https://shop.fattonys.ie
    • https://shop.fattonys.ie/products
    • https://shop.fattonys.ie/products/…
    • https://shop.fattonys.ie/about
  • The Inline linking technique cannot be used when linking to this website.
  • This website and the intellectual properties on it cannot be framed or used through any similar technology.

shop.fattonys.ie linking to other websites

This website contains links to other websites that are owned and operated by third parties. These links are there only for your convenience when using this website. Goomba Limited does not endorse or recommend the websites and the contents that these links direct to. Goomba Limited is not responsible for the contents on any such linked third party websites.

The third party websites linked from this website are not reviewed or monitored by Goomba Limited. It is at your own risk when you use these third party websites that are linked from this website, and Goomba Limited is not liable for any damages or loss that may arise from you accessing these third party websites.

If you would like Goomba Limited to remove a link from our website that is pointing to your website then please contact us at sales@fattonys.ie. Removal of the link will be at our own discretion.

5) NO UNLAWFUL OR PROHIBITED USE

You must not use this website in any manner that could or may cause damage to this website or impair the availability or accessibility to this website. You must not attempt to gain unauthorized access to this website, its associated accounts, computer systems, or network or any other services connected to this website and the server that it is on, through hacking, password mining or by any other means.

Data mining, data extraction, data harvesting, scraping and any other systematic or automated data collection activities carried out on this website or in relation to this website are strictly prohibited without Goomba Limited's prior written consent. You must not access or try to access any materials or information belonging to Goomba Limited through any means not intentionally made available by us through this website. Goomba Limited reserves the right to restrict certain or entire access to this website at its discretion.

You must not use this website in any manner that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purposes or activities.

You must not use this website in any way in connection with harmful computer codes or malicious computer software including, but not limited to, computer virus, Trojan horse, spyware, and/or key loggers.

You must not use this website and/or its materials for any commercial or marketing purposes without prior written consent by Goomba Limited.

6) GOVERNING LAW

These Terms and Conditions listed above and below will be governed by and construed in accordance with the laws of the Republic of Ireland. Any disputes relating to these terms and conditions will submit to the non-exclusive jurisdiction of the Irish courts.

If any of the Terms and Conditions for this website are invalid or unenforceable, it will be struck out and the remaining Terms and Conditions will remain in force.

7) BREACHES OF THESE TERMS AND CONDITIONS

If you are in breach of any of this website's Terms and Conditions, Goomba Limited may suspend, terminate, or limit your access to this website at their discretion.

If Goomba Limited do not act in relation to your breach of these Terms and Conditions, this does not waive our right to act with respect to that or subsequent or similar breaches.

8) PROMOTIONS

Goomba Limited may offer Fat Tony’s promotions or competitions occasionally. All promotions and competitions are subject to their own Terms and Conditions, and can prevail over this website’s Terms and Conditions to the extent of any inconsistency. We reserve the right to make any changes to our promotion's Terms and Conditions on our website at any time without any notice. We also reserve the right to withdraw or alter any of Fat Tony’s promotions or competitions without any notice.

9) PRIVACY Policy

This Privacy Statement relates to our privacy practices in connection with this website. We are not responsible for the content or privacy practices of other websites. Any external links to other websites are clearly identifiable as such.

Purpose: Goomba Limited will collect the personal information that you volunteer to us on our website to process the purchases that you make on our website. Another personal information that we collect from you is the IP address of the internet provider you use to access our website from, and this is used for statistical purposes only and can not be associated with any identifiable individual by us.

We also collect non-personal technical details in connection with your visits to this website and these details are logged for statistical purposes only by the company that hosts our website.

We will not collect or publish any personal information about you on this website without your permission. Any personal information you volunteer to us will be treated as securely possible by us with confidentiality, and in accordance with the EU General Data Protection Regulation (GDPR).

Collection and Use of Personal Information: Goomba Limited collects personal information about you that you have volunteered and submitted to us on our website for processing your purchased order. These personal information might include your email or phone number in which we might use to contact you about your purchase order from our website. The personal information you provide us with is not made available to any third parties.

We also collect the IP address of the internet provider you use to visit our website. This personal information will be used by us for statistical and administrative puposes only and this information is not associated with any identifiable individual. It only shows the country or area of a country of the internet provider you are using to visit our website from.

The personal information we collect from you are stored securely on our encrypted onlined system and they will be stored for up to 18 months and then deleted.

Collection and Use of Technical Information: This website uses cookies to keep track of your cart data. We make use of three cookies: woocommerce_cart_hash, woocommerce_items_in_cart, and wp_woocommerce_session_. The first two cookies contain information about the cart as a whole and helps us know when the cart data changes. The final cookie (wp_woocommerce_session_) contains a unique code for each customer so that it knows where to find the cart data in the database for each customer. No personal information is stored within these cookies.

Technical details in connection with your visits to this website are logged the company that hosts our website.

These technical information will only be used by us for statistical and administrative purposes.

We will not disclose these technical information in respect of individual website visitors to any third party (apart from the company that hosts our website, where they record such data on our behalf and are bound by confidentiality provisions in this regard), unless obliged to disclose such information by law.

These technical details logged are confined to the following items:

  • Time and date of the visit to the website
  • Number of clicks and visits through our website
  • Duration of the visit on our website

These technical details collected cannot be used by us to personally identify website visitors and we will not attempt to associate the technical details we collect with any individuals.

Technical details, which we cannot associate with any identifiable individual, do not constitute ‚Äúpersonal data‚ÄĚ for the purposes of the EU General Data Protection Regulation (GDPR).

For Online Shop Purchases

FAT TONY’S ONLINE PURCHASE TERMS AND CONDITIONS

10) INTRODUCTION

Company Information:

Address: Goomba Limited, t/a Fat Tony’s Barber Shop, 8A Liosban Retail Park (Head Office), Tuam Road, Galway, H91 E068, Ireland

Phone: +353 (0)91 766 707

Email: sales@fattonys.ie

The terms “products”, “goods”, and “items” may be used interchangeably to refer to any items that are being sold on our website shop.fattonys.ie.

The term “purchase order” will refer to the list of items and the item quantity you submit to us on our website to sell to you from our website shop.fattonys.ie; this include the shipping address that you provide us with for us to ship the items to.

The Fat Tony's Online Purchase Terms and Conditions here sets out the terms and conditions that apply when you are making a purchase order or trying to make a purchase order through our website shop.fattonys.ie.

11) ORDER ACCEPTANCE POLICY

You agree that you are 18 years old or older when you are making a purchase on our website shop.fattonys.ie. If you are under 18 years old then you can not make an online purchase on our website.

By completing and submitting the order form on this website and then clicking on the ‚ÄėPay Now‚Äô button on our PayPal account‚Äôs Checkout page, you are making an offer to purchase goods from us. You enter into a binding contract with Goomba Limited if we accept your offer to purchase goods from us.

You make an offer to purchase a product(s) from Goomba Limited when you complete and submit the electronic order form on our website shop.fattonys.ie and then you click on the ‘Pay Now’ button on the PayPal website after for the purchase from our website.

You enter into a binding contract with Goomba Limited if we accept your offer to purchase goods from us. A ‘Thank you for your order’ email will be sent to the email address you provided us when we have accepted your offer to puchase good(s) from us, to confirm that this contract has been formed, and to acknowledge our receipt of your order and payment. This email will be sent from our Fat Tony's Online Shop email (sales@fattonys.ie). This is also an Acknowledgement email. This is not an Order of Acceptance by us. You will receive an Order of Acceptance email along with your order's shipping tracking number once your product(s) has been shipped out to you.

Please note that we only ship out orders after we receive full payment from you into our Goomba Limited's PayPal account, meaning your payment status in our PayPal account is shown as ‘Paid’ or ‘Completed’ there.

If you do not receive a ‘Thank you for your order’ email and/or an Order of Acceptance email within 7 working days from when you have completed your purchase order from our website, then please contact us at sales@fattonys.ie before you try placing another order of the same product&#40s;) on our website.

We can refuse to accept your purchase order at our discretion. Possible reasons for not accepting an order may include, but is not limited to:

  • The product not being in stock at the time of your order.
  • Your payment not being authorized or completed by Paypal, meaning the status of your payment is not showing as ‘Paid’ or ‘Complete’ in our PayPal account.
  • There being an error on our website relating to the product you have ordered. For example, the pricing or description of the product was incorrect.
  • Orders cannot be processed due to an error in the information you provided us.

If we refuse to accept your order then we will refund your payment through PayPal immediately and send you an email notifying you of our refusal to accept your order and the reason for it.

If you have any questions about our Order Acceptance Policy, or if you think your order was rejected in error, then please contact us at sales@fattonys.ie.

12) PRODUCT AVAILABILITY

We reserve the right to make changes at any time to the information, description, prices, or availability on the products shown on our website without first having to give anyone notice of the changes.

We will not make changes to the information, description, or prices to the order we have accepted.

We do not guarantee that the number of specific items shown to be in stock on our website are accurate, and we reserve the right to reject orders for any reason at any time by providing you with a full refund within 7 days of your initial order.

13) CANCELLATION or CHANGES (to your purchase order)

BEFORE the product is shipped

You can cancel your order before it has been shipped out by emailing us at sales@fattonys.ie or through PayPal.

You can make changes to the product type or delivery address of your purchase order before it has been shipped out by emailing us at sales@fattonys.ie.

AFTER the product is sent

Changes to the shipping address cannot be made after the product is shipped.

Changes to your purchase order cannot be made after the product is shipped.

The shave brushes, double edge razors, shaving razors, shave set stands, brush stands, and double edge razor guards that we sell on our website have a warranty of up to one year from the date of purchase. If you are not satisfied with your product after receiving it then please contact us at sales@fattonys.ie for a refund or exchange of the product.

Please see our Return Policy.

14) DELIVERY & ORDER TRACKING

Our products are shipped to locations within the Republic of Ireland. We will only use the shipping address that you make available to us on Paypal or on our website checkout page. If there are any problems with the shipment of your purchase order then we will contact you as soon as possible through the email address or phone number you provided us.

Gift sets, shave products, and other men’s grooming products that we sell on our website are shipped as a Package or Parcel through An Post, depending on the size of the item being shipped. Fat Tony's Gift Vouchers and other products or items that we sell on our website that we can flattened will be shipped as regular post using An Post. You can upgrade your shipping to Registered or Express Post. You will receive a tracking number for Registered Post, Express Post, and Parcel items through email immediately after your product has been shipped to you.

Any delivery dates provided to you in connection with your order are estimates only. We cannot promise that they are accurate.

After your product has been posted you will become responsible for it. We will not be responsible for any losses or damages to it thereafter.

15) PRICES AND PAYMENT

We only accept credit card payments and PayPal payments through PayPal. All payments are processed by PayPal. You do not need a PayPal account to make a payment for the product(s) you purchased from our website because Paypal also accepts credit cards. By using PayPal you agree to PayPal's Terms and Conditions.

We only accept orders with a shipping address in the Republic of Ireland. Orders with a shipping address outside the Republic of Ireland will be refused and refunded. You will be notified of this refusal by email to the email address you gave us.

Prices on our website shop.fattonys.ie are quoted in Euros (‚ā¨).

The prices for the products are always the prices indicated on the website when you place your order. All prices for the products on our website include VAT.

A cost for delivery can apply to your order and can vary depending on the product(s) ordered. The cost for delivery is indicated on the Check Out page of our website for your purchase order.

16) RETURNS AND WARRANTY POLICY

For ONLINE PURCHASES:

16 a) Fat Tony's Gift Vouchers

We do not offer refunds for Fat Tony's Gift Vouchers. If the Fat Tony's Gift Voucher card is damaged or faulty when you received it, or if it does not correspond to the description of the product on our website, or develops a fault after you received it, then we can offer an exchange for another Fat Tony’s gift Voucher card.

To exchange your Fat Tony's Gift Voucher Card please email us at sales@fattonys.ie and leave us your first and last name, the Order Number found in your (Thank you for your oder) email that you received for the Fat Tony's Gift voucher purchased, your phone number and the reason for why you want to exchange your Fat Tony's Gift Voucher.

This Return and Refund Policy under this section 17a) only applies to your purchase of the Fat Tony's Gift Voucher from our website, and does not apply to in-store purchase of our Fat Tony's Gift Voucher. For the Return and Warranty Policy on Fat Tony's Gift Vouchers bought in-store please email info@fattonys.ie

If you have any questions about this Return and Warranty Policy in section 17a) please contact us at sales@fattonys.ie.

16 b) Grooming Tools

The term ‘Grooming Tools’ found here in our Terms and Conditions refers to the shave brushes, double edge razors, shaving razors, shave set stands, brush stands, double edge razor guards and other similiar items that we sell here on our website.

All Grooming Tools purchased from our website have a one (1) year warranty from the date of purchase.

The one year warranty policy for our Grooming Tools only applies to the defects in materials and workmanship of our grooming tools under normal use. For example: if the shaving brush hair falls off the handle because it was not glued on properly to the handle.

If you are not satisfied with your Grooming Tool purchased from our website within 1 year of receiving it because of defects in the materials or workmanship under normal use then contact us at sales@fattonys.ie for a refund or exchange of the product. Refund or exchange will also be based on our sole discretion.

The one year warranty policy does not apply to the normal wear and tear or misuse or abuse or modification of the grooming tools.

Proof of purchase will be required for all refunds or exchanges of the grooming tools purchased from our website.

The person returning the Grooming Tool(s) to us will have to pay for the return postage him/herself.

The replacement item will be similar in value and design to the returned item and is based on our sole discretion. We do not guarantee that the replacement grooming tool you received will be exactly the same as the one you returned.

For a refund or exchange of the defected grooming tool(s) purchased from our website, please email us with information of its defect and a picture of the receipt and item to sales@fattonys.ie.

16 c) Grooming Products

The term ‘Grooming Products’ found here in our Terms and Conditions refers to the shampoos, conditioners, oil, balms, wax, hairstyling products, pomades, soaps, creams, dust matte, hair tonics and similar items that we sell on our website shop.fattonys.ie.

All Grooming Products purchased from our website should work as described on our website and on the products themselves, but we do not guarantee they will work as described on our website or the products themselves for all individuals

We do not offer refunds for our grooming products.

The Warranty policy for our Grooming Products applies to defects in products only. For example: if the hair styling product you just received is completely dried out making it impossible to use on the hair.

If you are not satisfied with your Grooming Product(s) purchased from our website within 7 days of receiving it because of defects in the product(s) then please contact us at sales@fattonys.ie to exchange the product. Proof of purchase will be required for exchange of the Grooming Product(s). Please email us the Order Number found in your ‘Thank you for your order’ email for the product(s) you want to exchange, and details and an image of its defect, and your name and phone number.

Exchange of the grooming product(s) will be based on our sole discretion.

You will have to pay for the return postage of the product(s) and we will pay to ship the replacement product(s) out to you.

The Warranty policy for our Grooming Products does not apply to when you ordered the wrong Grooming Product.

The replacement Grooming Product(s) will be the same as the returned Grooming Product(s) but without the defect.

17) DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our liability is limited and excluded to the maximum extent permitted under applicable law.

However, nothing in our Terms and Conditions shall exclude or limit our liability for fraud, death or personal injury or any other liability caused by our negligence.

Use of the WEBSITE:

Goomba Limited does not guarantee, represent, or warrant that your use of, or inability to use, this website, including when making a purchase from this website, will be uninterrupted or error free, and you agree that from time to time Goomba Limited may suspend or shutdown this website for indefinite periods of time at any time without making any notice to you.

We will not be liable to you for any damages arising out of or in connection with your use of this website. These include:

  • any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
  • any loss or corruption of or damage to data; or
  • any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty to care. Loss or damage is ‚Äúreasonably foreseeable‚ÄĚ if, at the time that you and Goomba Limited entered into a contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the contract or our legal duty to care.

ONLINE PURCHASE

We take all possible measures to try make your online purchase transaction process secure; this includes encrypting this website, using a trusted and secure payment method, and regularly carrying out the needed maintenance and updates for our websites. However, despite these efforts, there are still the possibility that our websites’ security can be compromised.

By you using this website and making a purchase on this website you agree that we are not liable for:

  • any thief of your computer data or credit card and banking information;
  • any damage or corruption to your computer data; or
  • any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill.

You agree that you are 18 years old or older when you are making a purchase on our website shop.fattonys.ie. If you are under 18 years old then you can not make an online purchase on our website.

Please see our 11) Order Acceptance Policy)

GROOMING PRODUCTS & TOOLS:

The grooming products and tools purchased from our website are for personal use only.

Statements made about the grooming products and tools and their results on our website and on the products and tools themselves might not apply or work on all individuals.

The statements and products found on our website shop.fattonys.ie are not intended to diagnose, treat, cure or prevent any condition or disease.

You should always check all the ingredients of our grooming products in order to avoid any potential allergic reactions from using them.

The razor blades are extremely sharp and should be kept away from children and anyone incapable of using them safely. Razor blades should be handled with extreme caution.

Razor blades and double edge razors should be stored in an area out of children's reach and out of vulnerable people's reach, and they should be properly discarded after use.

All the grooming products and tools purchased from our website should be used strictly in accordance with the instructions, precautions and guidelines that come with them.

We are not liable for any harm done to you or anyone if the grooming products and tools that were purchased from our website were used in any ways other than in accordance with their instructions, precautions and guidelines, or if negligence was involved on your part.

You may not sell or resell any grooming products or tools you purchased or received free from us.

18) PERSONAL INFORMATION

When you create a purchase order on our website you will be providing us with your personal information. We will use your personal information to process your purchase order and deliver the products/tools/gift vouchers that you purchased from our website and for other limited purposes. Our collection, storage and use of your personal information will be carried out subject to the terms of our Privacy Policy.

19) CONTACT

If you have any questions about these Terms and Conditions, please contact us at sales@fattonys.ie.