TERMS & CONDITIONS

Emerald Guitars is the business or trading name of R & J HAY LIMITED, a limited liability company registered under the laws of the Republic of Ireland with company registration number

These terms and conditions set out the basis on which you can purchase tickets online for your visit to the Emerald Factour/ Gallery and Players Suite/Lounge (“we”, “us”, “our”). Once your e-tickets have been purchased, the booking is non-changeable and non- refundable. This however does not, in any way, affect your statutory rights.

By purchasing e-tickets for Emerald Factory Experience & Tour through this website, you acknowledge that you have read and agree to be bound by these terms and conditions and agree to our use of the information you provide us with.

Please note you must have received a confirmation email from us to have a valid booking.

• All persons wishing to purchase tickets to visit the Emerald Factory Experience & Tour do so subject to the following terms and conditions:
  
• This online booking service is only available to persons over the age of 18. The following credit and debit cards are accepted: [Mastercard, Visa, American Express, Diners and Maestro]. To make a purchase or a booking with a credit or debit card, you must hold a valid credit or debit card in your name and/or have the permission of the person or company to whom the card is issued to use the card. It is your responsibility to ensure that the card proffered may lawfully be utilized to make the purchase or booking. You must ensure that sufficient funds are available to cover any and all charges incurred by you. We reserve the right to refuse your booking if your proposed payment by credit or debit card cannot be processed for any reason.
  
• As soon as practical after booking, we will send you an email confirming your booking. Please print this and retain it. It is essential that you bring this with you when you present yourself at the Emerald Factory Experience & Tour. eTickets can only be redeemed on presentation of a valid confirmation email or booking reference.
  
• On arrival at the Emerald Factory Experience & Tour you must validate your eticket by producing it to your guide on entry 
• Have as otherwise permitted by us, all persons entering the Emerald Factory Experience & Tour, must pay for admission. Tickets must be retained at all times and submitted for inspection if required. Any person attempting to gain admission without a valid ticket may be ejected.
  
• All prices on the Emerald Factory Experience & Tour websites are quoted in Euro. We reserve the right to increase or decrease our prices at any time before you book, and to alter any offers or promotions without notice. However, once your booking is confirmed the price of your booking as stated in the confirmation email will not be increased.
  
• Once purchased, your ticket must be used within 12 calendar months. No e ticket may be re-sold without our previous written permission. If we reasonably believe that an eticket has been re-sold without such consent, the holder may be refused entry to or ejected from our premises without payment or compensation. In this regard the decision shall be final.
  
• It is the sole responsibility of the bearer of the eticket to check opening times and tour times of the Emerald Factory Experience & Tour.
  
• Should the Emerald Factory Experience & Tour operate scheduled tours on the date of your visit, you will be accommodated on the first available tour with availability following your arrival.
  
• Children under the age of 16 must be accompanied by an adult, aged 18 years or over throughout the visit.
  
• Visitors are expected to respect and conform to local laws and customs.
  
• Any behavior likely to cause annoyance to other visitors or confusion of any kind is not permitted. If, in the Emerald Factory Experience & Tour’s opinion, a visitor is behaving in such a way as to cause danger, distress or annoyance to others or damage to property, he/she may be removed from the building without refund. In addition, he/she must meet any expenses incurred as a result of such behavior.
  
• We reserve the right, in our absolute discretion, to cancel a booking subsequent to booking, refund payment, refuse entry to or remove from our premises or the vicinity of our premises any person who in our sole opinion:
  a. has affected, is likely to affect, the safety or enjoyment of other visitors or of our employees.
  b. Has behaved, or is likely to behave, in a manner which has, or is likely to, affect the safety or enjoyment of other visitors or of our employees.
  c. Has used threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may result in a breach of the peace.
  
• In accordance with Irish Law, smoking is strictly prohibited within all our premises. All breaches will be dealt with strictly.
  
• We will use all reasonable endeavors to ensure that all of the exhibits/ displays are open for use by visitors during normal opening hours. However, we reserve the right, in our absolute discretion, whether for safety reasons or otherwise, and with or without prior notice, to close the Emerald Factory Experience & Tour or any part of it. In the event of total closure, we will refund any visitor the cost of his or her prepaid ticket. Otherwise we have no liability for such closure whatever, including but not limited to liability for travel expenses or any other out of pocket expenses.
  
• Other than liability for death or personal injury resulting from our negligence, we, our employees or agents shall not be liable for any loss or damage, direct or indirect, suffered by a visitor howsoever arising. Personal property is brought onto our premises at the sole risk of the visitor. All visitors are responsible for the care of their own belongings whilst on our premises and we accept no legal responsibility whatsoever for the same. For the avoidance of doubt, this extends to any car park utilized by visitors and we accept no liability whatsoever for any car or their vehicle parked by a guest on or in the vicinity of its premises.
  
• NO food and beverage may be consumed at the Emerald Factory Experience & Tour.
  
• Pets or animals of any nature (with the exception of guide dogs and hearing dogs) are expressly prohibited at the Emerald Factory Experience & Tour.
  
• From time to time we or other authorized parties may carry out photography and/or video recording and/or other monitoring on our premises which may feature visitors. By accepting these terms and conditions you agree that we or any authorized party may use such images in perpetuity in any promotional advertising, publicity material or monitoring activity in any format whatsoever.
  
• Visitors are welcome to use cameras, videos and other photographic recording devices within the premises, subject to law. However all such photographs and footage taken shall be for home and personal use only and shall not be sold, used or re-used for any commercial purpose whether or not for gain without our prior express written permission. From time to time our staff may request visitors to refrain from the use of cameras, videos and other photographic recording devices at our sole discretion including but not limited to the interests of child protection.
  
• Emerald Factory Experience & Tour is NOT a fully accessible visitor attraction. There are 34 Stairs to the upper departments. However it is our aim that all of our visitors’ access requirements are fully met – and may be met using demonstration props from these areas not accessible . – Disclose any requirements on booking
  
• The Emerald Factory Experience & Tour is only partially accessible for wheelchairs, there are accessible toilet facilities. For information on accessible parking or any other matter please contact +353 (0)74 9148183
  

• If for some reason you are unhappy with any aspect of your booking with us, we ask that you write to us, care Emerald Guitars, Cavanacaw-St Johnston ,Co. Donegal-Ireland F93 XP82 Where possible, please quote the relevant Booking Reference Number and provide all other relevant information.
  
• eTicketsare not valid for groups and can only be used by individuals. 
• For  group bookings please contact +353 (0)74 9148183

• No special offer can be used in conjunction with e tickets.
  
• No concessions are available in respect of e tickets purchased over the internet.
  
• Your personal data will be held by Emerald Guitar Ireland Limited. We will only use your personal data as set out in our privacy statement. The privacy statement may be accessed here.
  
• These terms and conditions are governed by and shall be construed in accordance with Irish Law and any claim brought under these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts.
  
• Whilst we endeavor to make this website available 24 hours a day, we accept no liability if this website is unavailable at any time and for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reason. We do not warrant or make any representation that use of the website or the booking service will be uninterrupted or error free, that the contents will be correct, accurate or reliable or that this site or server that makes it available are free of viruses or other harmful components.
  
  

Registered in Ireland Company Number 145996

VAT Number

As a user of this website (“site”) (referred to as “you/your”) you acknowledge that any use of this site including any transactions you make (“use/using”) is subject to our terms and conditions set out below.

1. GENERAL

1.1 Your use of and purchase of products from this site is governed by the terms and conditions set out below, and as set out under Security, Copyright, and Delivery. Please note that before placing an order on our site you will be asked to agree to these terms and conditions. If you refuse to accept them, you will not be able to order any products from our site. We recommend you also read our Privacy Policy. We also recommend that you print the full terms and conditions by selecting the print option in the File menu of your browser.

1.2 We may at any time make changes to this site and the details displayed on it, including but not limited to prices.

1.5 We reserve the right to make changes to these terms and conditions at any time. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us.

4.1 Payment is taken from your Credit or Debit card at the time of despatch of the products and in the event that the payment card has expired we will be unable to take payment and fulfill your order. Where applicable, VAT (at the prevailing rate) will be added to the total of all charges on your bill.

4.2 We make every effort to ensure that the price displayed on our site is correct at the time of you placing your order.

4.3 However if an error is discovered in the price of the products that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. We shall be under no obligation to fulfill an order for a product, which was advertised at an incorrect price; if the item(s) has been charged and not dispatched we will cancel and refund your order.

4.4 Pricing structures can differ between regions whilst not emulating direct currency conversation and we have the right to update these prices when we require. Offers will be made available to different regions at varying degrees, at our discretion.

4.6 Title in the products which you have ordered on this site will pass to you on delivery assuming that we have received payment in full for such products.

5. 
   CANCELLATION AND REFUNDS

Cancellation policy

5. You must provide at least 48 hours notice of your desire to cancel in order to receive a refund. Please note the service fee is non-refundable.

5.1 As a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, during the period set out in Section 5.3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

5.2 However, the cancellation right referred to in Section 5.1 above does not apply in the case of the following products

 5.3 Your legal right to cancel a contract starts from the date of your order dispatch confirmation email, which is when the contract between us is formed. Your deadline for canceling the contract then depends on what you have ordered and how it is delivered, as set out below: 

Your Contract

Your contract is for a single product (which is not delivered in installments on separate days)

End of the Cancellation Period

The end date is the end of 14 days after the day on which you receive the product.

The end date is 14 days after the day on which you receive the last installment of the product or the last of the separate products ordered

5.4 The easiest way to let us know that you have decided to cancel your contract is to complete and email or post the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation. You can also email us or contact our customer services team by telephone on +00353 7491 48183  Please quote your order number to help us to identify it.

5.5 If you cancel your contract:

we will refund the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. We will, in the circumstances referred to in Section 5.6 below only, refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.

we will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

5.7 We are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Section 5 or anything else in these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

6. INTELLECTUAL PROPERTY

6.1 You agree that all Intellectual Property Rights and all other materials contained on this site remain our property.

6.2 ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), Trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights.

6.3 All design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this site are our copyright or are the copyright of its content and technology providers. All rights are reserved.

6.4 Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with us or for using this site as a shopping resource. Any other use of the materials on this site – including reproduction for purposes other than those noted above, modification, distribution or republication – without our prior written permission is strictly prohibited.

7. LIABILITY

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.3 Subject to 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any, economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

7.4 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.5 The products sold on this site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this site or for any products or services purchased from us.

7.6 Clause 7 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.

8. SEVERABILITY

8.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.

8.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.

9. 
   DELAY OR INABILITY TO SUPPLY

We will not be liable to you for any loss or damage which may arise as a result of the supply of products being prevented by circumstances beyond our control including the default of any of our suppliers.

10. 
    MISCELLANEOUS

10.1 These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase.

10.2 No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other position.

10.3 It is a criminal offense to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

10.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

10.6 Where we take payment for an order in Pounds Sterling/ Dollars, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in the same currency that the order was placed and we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes.

10.7 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

10.8 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party.

11. APPLICABLE LAW

11.1 These Terms and Conditions shall be construed in accordance with the laws of Ireland and all contracts governed by them will be deemed to have been made in Ireland.

11.2 You consent to the exclusive jurisdiction of the Irish Courts on all matters regarding contracts governed by these terms and conditions except to the extent that we invoke the jurisdiction of the Courts of any other country.

11.3 In the event of any conflict between the English version of these terms and conditions and any translation of them, the English version will prevail.