These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Goods.
Business Name: Yunax Ltd
Trading as: Yunax Modern Furniture or Envision Kitchens & interiors
Our registered address is: 10 The Grove, Kill St Lawrence, Airport Road, Waterford City,Ireland
Our showroom location is: Unit 1, Johnstown Business Park, Johnstown, Waterford City, Ireland
You are: a visitor to our Website / our customer
We at Envision Kitchens & Interiors want to ensure that your shopping experience with us both online and in-store is as user friendly as possible. We have designed our website to ensure that your online shopping experience is both easy to navigate and user friendly. We welcome any feedback you might have with regard to our website.
1. Definitions
In this agreement:
“Carrier” | means any person or business contracted by us to carry Goods from us to you. |
“Consumer” | means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. |
“Content” | means any content in any form published on Our Website by us or any third party with our consent. |
“Goods” | means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
“Our Website” | means any website of ours, and includes all web pages controlled by us. |
“Post” | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly. |
2. Interpretation
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers for the provision of some of our Goods, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we despatch the goods to you.
- At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on Our Website or in via a Quote provided by our staff.
- Prices displayed in-store and online will vary. This is due to the potential of any sales being specific to either an online sale or an in-store sale.
- All sale prices on this website apply exclusively to online purchases and do not have a bearing on the in-store price of products. Price variations on the same product may occur and we can only honour product prices as displayed or seen at the point of purchase being either online or in one of our stores.
- Prices include Irish value added tax (“VAT”).
- If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- In the event that we have mistakenly published inaccurate information on our website regarding price or availability of a product which you have ordered we will notify you as soon as possible and offer you an alternative product or a cancellation of your order at any stage up to the point of delivery and provide a full refund for the purchase made by you.
- Because we rely on our suppliers for the provision of some of our Goods, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- All descriptions, measurements, images, colours, specifications and advertising on our website are for the sole purpose of providing an approximate description of our products.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. These service providers are Stripe and PayPal.
- We also accept Bank Transfers, Cash, Cheques for all orders however payment must reach our account before we dispatch goods.
- We do not accept card details over the phone due to EU regulations
- Full payment is required before any products are delivered.
6. Return and Cancellation Policy
All our products are made to order so we do not accept returns except in the following circumstances:
- Product is not fit for use
- Product is damaged by us beyond repair on delivery
In both instances above we will work with the customer to arrange a replacement or arrange for a repair. Customer must notify us with 3 days of delivery otherwise we cannot guarantee the damage will be covered.
Our Cancellation Policy is below:
- 100% refund if cancelled within 5 Business Days of first order
- 50% refund if cancelled within between 6-10 Business Days of first order
- 0% refund if cancelled after 10 Business Days of first order
This cancellation policy is in place as we custom order all products and as such we cannot cancel the order with our manufacturing partners. This does not affect your statuary rights as these goods are made to order.
7. Delivery and pick up
Goods are delivered as soon as possible from the date the order arrives from the manufacturer/supplier. Please see out delivery page for more details.
- Deliveries will be made to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.
- Signing “Unchecked”, “Not Checked” or similar is not acceptable.
- Customer must ensure before delivery that there is appropriate access to deliver large items and must advise us in advance if items need to be carried up multiple flights of stairs etc. Failure to do so may result in cancelled delivery.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
- When a booking slot has been made with the customer and our delivery teams arrive at the customer’s location to find there is no answer at the address provided. Our teams will endeavour to contact the customer by telephone and by calling at the door. If within 60 minutes of our arrival no contact can be made, we will charge the full cost of the delivery if any. If Delivery was free of charge than next delivery will only be completed upon payment of a new delivery fee.
- Free delivery where advertised/offered is only valid on first attempted delivery and in agreed area. Additional charges apply on subsequent deliveries.
If you pick up Goods from our premises then:
- We may not be able to assist you in loading heavy items;
- Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
- You agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
8. Assembly and Fitting Services
- We do offer additional services including assembly and fitting, however this is on a sale by sale basis and often comes with an additional agreed charge. In certain situations assembly and fitting of the product will result in in the rate of vat change from 23% to 13.5% however this will not increase or decrease the price or cost of your order.
- Our assembly services includes full assembly of the product only. Where possible the team will move to the correct room on delivery but will not move or touch existing furniture that is in place due to insurance and accidental damage issues.
- Our fitting service includes moving the products to the customers preferred location and anchoring to the wall in one spot. Our fitters are not responsible for moving existing furniture. Lighting accessories will be installed but no electrical work will be completed by our team, it is responsibility of the customer to have the correct electrical points in place.
- Additional services such as adding in fillers/plinths are not included as standard, this should be arrange prior to delivery as additional panels are needed. This can be added later but will require a new fitting date and will result in additional charges.
- Our team will always try to ensure that they take care of all customer property, however minor issues such as scrapes to floors/walls etc are sometimes unavoidable, we recommend that customer ensure that work areas and areas that our team have to move products through are clear as damage to property will not be our responsibility.
- Our Team will always remove waste packaging and ensure they clean their work area to the best of their ability.
9. Assembly and Fitting Issues
When a booking slot has been agreed with and our team arrive and faces any of the below issues then the full delivery and assembly/fitting fee will still be applied and the customer will need to rearrange at their expense. This is in place as considerable time and effort goes into arranging this service.
- No answer at the address provided – If within 60 minutes of our arrival no contact can be made.
- Customer cancels the delivery on the day the delivery is booked.
Where a customer has ordered products based on their own measurements it is they’re responsibility to ensure that they have the correct measurements. Measurements should always be done on the narrowest part or the wall. Where products ordered do not fit the required space there are only 3 options:
- Products are left in customers home and are the responsibility of the customer.
- Replacement products can be ordered completely at the cost of the customer.
- Where possible our fitting teams may be able to cut down the product but there will be a significant extra cost here, these must be agreed and any additional callouts will need to be paid on the day. Once product is amended in any way the warranty will also be void.
10. Cost of Returns
If you choose to return a product and we have accepted this return, you will be responsible for the costs of returning the product(s) to our Store or alternatively, we can arrange for the product(s) to be collected if you contact us directly.
- A collection fee of approximately €50 will apply if the item is to be collected from a location within a 20 mile radius of our store.
- A collection fee of approximately €125 will apply if the collection point is outside a 20 mile radius our store.
- Products must be returned in new condition in the original packaging.
- You will be liable for any diminished value of the goods resulting from the handling of the goods by you beyond that necessary to establish their nature, characteristics and functioning.
11. Liability for subsequent defects
We will repair or replace Goods which fail to comply with the provisions of the Supply of Goods and Services Act 1980 or which show a defect. If you claim that the item is defective, the following conditions apply:
- The defect must be reported to us within three days of becoming apparent;
- The defect results only from faulty design or manufacture;
- You have returned the defective Goods or parts to us if we have so requested.
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
If a product is faulty we ask that you do not use the product for your own safety.
12. Faulty or Damaged Products
- If you are reporting a faulty or damaged product by email, please include photos of the damaged or faulty product. We reserve the right to carry out a further inspection of the product, if deemed necessary.
- You will not be liable for any damage to goods existing at the time of delivery therefore to make sure you are completely satisfied with your furniture the delivery team will ask you to sign for your furniture after it has been installed.
- Once reported to us, if the product is faulty or damaged, our sales teams will discuss with you the most appropriate means of redress in the circumstances.
- Each case will be dealt with on an individual basis.
- Please note that a full refund will not be available where the damage to the product is minor in nature and you ought reasonably to have been aware of the damage on inspection of the product either at the time of delivery or shortly thereafter.
- From time to time, a product specification from the manufacture may change, in which case in the event of replacement we will do our best to offer you a substitute product of similar or better quality than the faulty item being returned.
13. Disclaimers
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- non-infringement of any right.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
14. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
15. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
16. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
17. How we handle your Content
- Our privacy policy is strong and precise. It complies fully with current law.
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright and Related Rights Act 2000.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- If you do send to us material regarding ideas for improvement of our service of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 5 above.
18. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this only if you have our express written consent. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may not copy the text of any page for your personal use in connection with the purpose of Our Website without our express written consent.
19. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
20. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
21. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
This Agreement was last modified on December 09, 2024.