This page provides information about who we are and the legal terms and conditions that we apply to your use of the Moloney Music website and any product or service you order from us.
Information About Moloney Music

This website is owned and operated by Moloney Music. We are a company registered in Ireland whose registered office is at 17 High Street , Old Malt Arcade, Galway, Ireland. You may contact us at this address or on +353 (0)91 566488.

Unless we say otherwise, we use the terms "Moloney", "Moloney Music", "we" and "us" on this page and throughout the website to refer to Moloney Music.

If you want to ask anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.

Website Terms and Conditions

These website terms and conditions ("Website Terms") apply to your use of the Moloney Music website at moloneymusic.com (the "Website"). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. We reserve the right to change these terms and conditions at anytime and without notification. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you should not use this Website.

Privacy Policy

These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

Using this Website

You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may use, download and print content on the Website solely for your own personal use. Other than for your own personal use, you may not without our prior written consent:

Use of this Website from outside the E.U.

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Moloney' products and services available in the EU. However, Moloney may accept orders for delivery to locations outside of the EU subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the EU or place orders for delivery to locations outside the EU are responsible for compliance with local laws if and to the extent local laws are applicable.

Password & Account Security

You are responsible for maintaining the confidentiality of your password and account details and any activities that occur under your account. Moloney shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Ownership of Rights

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Moloney. If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

Accuracy of Content

To the extent permitted by applicable law, Moloney disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Moloney or any of its group companies.

Damage to your Computer or other Device

Moloney uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Moloney shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

If you believe your computer, laptop, mobile phone or any other device used to access this Website, has been infected by content downloaded from this Website, either directly or indirectly, please contact us immediately.

Links to other Websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Moloney cannot accept any liability in respect of the use of these websites.

Exclusions of Liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably forseeable arising out of or in connection with these Website Terms or your use of the Website.

Except to the extent required by applicable law, Moloney shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

These exclusions shall be governed by and construed in accordance with Irish law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Entire Agreement

These Website Terms & Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, Jurisdiction and Language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by Irish law and subject to the exclusive jurisdiction of the courts of Ireland. All contracts shall be concluded in English.

Changes to these Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.


General Terms and Conditions of Sale

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the Moloney website at moloneymusic.com (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Website Terms and Conditions

Whenever you use this Website to order a product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Moloney’ product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions, and also our Privacy Policy.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

Acceptance of your Order

Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, placing an order on this website places you (the consumer) under an obligation to pay. The specific moment that this becomes applicable is when you (the consumer) click on the "Pay Now" button on the order confirmation page. If you are any doubt whatsoever, you should either contact us before placing your order or take appropriate professional advice.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order. We will also send you a confirmation email once the goods have been dispatched.

All products that you order through the Website will remain the property of Moloney until we have received payment in full from you for those products.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory, must be completed. Please note that a third party payments gateway company 'Realex Payments' will collect your information, using an encrypted secure payment mechanism.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

Delivery Charges

Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

Delivery will be to Ireland or international address specified in your order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you after they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

International Delivery

Payment - Purchases will be made in Euro. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.

Products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Delivery times outside of Ireland are approximate.Once an order leaves Ireland we are relying on the service on any countries postal systems en route.Customers in countries that do not use the Roman alphabet are advised to provide the delivery address in their languages script on an email that we can printout and attach alongside the English version.A contact phone number is always required and will be visible on the parcel but we cannot give instructions to carriers to call customers.There must be someone available at the delivery address to receive and sign for the item.Special instructions can be written on parcels but we cannot guarentee the delivery person will follow them.

 

Your Right to Cancel

If you are an Irish/EU consumer, you have the legal right, under EU distance selling regulations to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled will be processed in accordance with your legal rights.

1. Inform us of your decision to cancel. To do this inform us by email or telephone. This must be sent to us before the end of the 7 day cancellation period.

2.Send the products back to the following address:
Moloney Music 
Cancellations 
17 High Street 
Old Malt Arcade
Galway
Ireland


You must do this no later than 7 days after you notified us of the cancellation. Please note that weekends, bank holidays and public holidays are counted when you calculate the 7 days. Also note that if you cancel the contract, you will have to pay the cost of returning the relevant products to us. 

We are not obliged to give you a refund until we receive the products back from you or we receive evidence from you that you have sent them back to us. We strongly recommend you send the products using a secure or trackable method - i.e. Recorded/Special Delivery - and that you retain your proof of postage.

If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply: 

This is not intended to be a full statement of all your rights. Full details of your rights under the Distance Selling Regulations are available in Ireland from your local Citizens’ Advice Bureau.

Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Collection: For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).

If you cancel your order in any of the circumstances set out above  we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).

Our Goodwill Refund Policy

 Any “goodwill” refund or exchange (where there is no legal right to a refund or exchange under the Distance Selling Regulations or otherwise) may be offered on certain goods, in certain situations, when goods are returned in a resalable condition with a receipt or parcel summary document within 35 days of purchase.

 If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Liability

There are certain liabilities, which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights, contact your Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events, which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied, which is caused by your failure to follow this advice.

In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.


Guidelines for Product Reviews and Questions & Answers

 

By accessing, browsing, using, registering or contributing to the Moloney website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you should not use this website.

Ownership of Submissions

Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Moloney on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Moloney once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Social Networking Websites

These terms also govern any Submissions you make on any Moloney  related third party websites or pages such as Facebook, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Moloney Music or its employees and Moloney Music is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual Property Rights

A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Moloney of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Moloney related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Moloney  pages of third party social networking sites are not the responsibility of, or endorsed by, Moloney. All rights, including copyright on Moloney pages are owned by or licensed to Moloney Music. Any use of any Moloney social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Moloney Music. All worldwide rights reserved