TERMS AND CONDITIONS
The Brass Monkey Restaurant VOUCHER TERMS OF SALE
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from The Brass Monkey Restaurant via The The Brass Monkey Webshop.
1.2 The Brass Monkey Webshop sells vouchers on behalf of The Brass Monkey Restaurant of West Pier Restaurant Limited, a company registered in Ireland and with its registered office at The Brass Monkey Restaurant, 12 West Pier, Howth, Co. Dublin. The Brass Monkey Restaurant’s company registration number is West Pier Restaurant t/a The Brass Monkey Restaurant No. 480794 and its VAT number is IE 9737910.
1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Promoted Offering from The Brass Monkey Restaurant during the period of time stated on the Voucher (the “Redemption Period”).
1.4 The Brass Monkey Webshop Offering shall mean the goods and/or services to be supplied and/or provided by The Brass Monkey Restaurant to the Voucher Holder, as specified on The Brass Monkey Restaurant’s Webshop and on the Voucher.
1.5 The Brass Monkey Webshop does not sell, supply and/or provide the The Brass Monkey Restaurant Offering. It only sells and supplies the Voucher.
1.6 These Terms of Sale were last updated on 04/11/2016. The Brass Monkey Webshop reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a purchase you need to register and create an account with The Brass Monkey Restaurant.
2.2 By clicking on the “Buy Now” button you submit an offer to The Brass Monkey Webshop to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from The Brass Monkey Webshop confirming acceptance of your offer. The Brass Monkey Webshop expressly reserves the right to reject your offer. In addition, even if The Brass Monkey Webshop has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against The Brass Monkey Restaurant, an affiliated third party of The Brass Monkey Webshop or another Merchant.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the The Brass Monkey Restaurant and not with The Brass Monkey Webshop.
(c) the Voucher is valid for one person only.
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with The Brass Monkey Restaurant.
3.2 All Vouchers sold by The Brass Monkey Webshop are single-purpose Vouchers which can only be redeemed with The Brass Monkey Restaurant.
3.3 In order to redeem a Voucher you must present it to The Brass Monkey Restaurant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
3.4 If you redeem the Voucher for goods and/or services other than the Promoted Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by The Brass Monkey Restaurant to you.
3.5 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with The Brass Monkey Restaurant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.6 On behalf of The Brass Monkey Restaurant, The Brass Monkey Webshop may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
3.7 In the event that The Brass Monkey Restaurant cannot supply and/or provide the Promoted Offering as described for unforeseen reasons, The Brass Monkey Webshop will notify you as soon as possible by email. The Brass Monkey Webshop will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.
4. Use of a Voucher
4.1 Any purchase of a Voucher is for your noncommercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
4.2 Your Voucher is solely your responsibility. Neither The Brass Monkey Webshop nor The Brass Monkey Restaurant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at The Brass Monkey Restaurant’s discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited.
5. Cancellation (and exceptions), Refunds and Problems
5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request The Brass Monkey Webshop to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since The Brass Monkey Webshop is not responsible for the supply or provision of the Promoted Offering, once your Voucher is redeemed The Brass Monkey Webshop has completed its services to you in full.
5.2 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
5.2.1 by emailing firstname.lastname@example.org
5.2.2 by calling the customer service team at 00353 (0) 1 8063746
5.2.3 by contacting us at http://www.brassmonkey.ie/contact-us/; or
5.2.4 by writing us at the address mentioned in section 1.2.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5, The Brass Monkey Webshop will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed The Brass Monkey Webshop about your cancellation.
5.4 If you have been unable to redeem your Voucher with The Brass Monkey Restaurant before the expiry of the Redemption Period through no fault of your own, you may be entitled to a refund. In order to receive a refund, you must prove to The Brass Monkey Restaurant’s reasonable satisfaction that your inability to redeem the Voucher was not your fault. The decision to grant a refund is within the sole discretion of The Brass Monkey Restaurant.
5.5 If you redeem your Voucher, but The Brass Monkey Restaurant has not properly provided you with the Promoted Offering, or if you have a complaint regarding the provision of the Promoted Offering, you must take action against the The Brass Monkey Restaurant directly. This is because The Brass Monkey Restaurant, and not The Brass Monkey Webshop, is responsible for the supply and/or provision of the Promoted Offering. The Brass Monkey Webshop only sells and supplies the Voucher. However, if you and The Brass Monkey Restaurant cannot agree on how to resolve the complaint, The Brass Monkey Webshop may, upon your request, try to help resolve the issue between you and The Brass Monkey Restaurant.
5.6 Unless you expressly inform The Brass Monkey Webshop in advance not to, any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at http://www.brassmonkey.ie/contact-us/. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. The Brass Monkey Webshop will not provide more than one refund.
5.7 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against The Brass Monkey Webshop related to, arising out of, or connected to that Voucher.
6. Responsibility for the Promoted Offering
6.1 Please note that The Brass Monkey Restaurant, and not The Brass Monkey Webshop, is:
6.1.1 the seller, supplier and/or provider of the Promoted Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Promoted Offering and for the Promoted Offering itself.
7. The Brass Monkey Webshops Standards of Services and Liability
7.1 The Brass Monkey Webshop promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 The Brass Monkey Webshop is always liable for: (a) death and personal injury caused by The Brass Monkey Webshop’s negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, The Brass Monkey Webshop is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
7.4 The Brass Monkey Webshop does not promise the completeness, fitness for purpose or legality of the Promoted Offering. The Brass Monkey Webshop is not liable for the quality, safety, usability or any other aspect of the Promoted Offering.
7.5 The Brass Monkey Webshop is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, The Brass Monkey Web Shop's total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. The Brass Monkey Webshop’s Site
The Brass Monkey Webshop Site (the “Site”) means the Internet website, mobile applications, electronic communications or services, or any location at which you can purchase a Voucher from The Brass Monkey Restaurant.