Preamble 

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Welcome to sculpture-sable.com, operated by EMFUM LTD (a private limited company with a capital of €100,000.00), located at POD 2, The Old Station House, 15A Main Street, Blackrock, Dublin, A94 T8P8, Ireland. Your access to our unique selection of sand, snow and ice sculptures, beach art and engaging workshops is subject to the following terms and conditions.

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General Terms and Conditions

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1. Website Content

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1.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

1.2. We do not warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude all liability for such inaccuracies or errors to the fullest extent permitted by law.

1.3. Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It shall be your own responsibility to ensure that all products, services or information available through this website meet your specific requirements.

1.4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

1.5. All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

1.6. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

1.7. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked websites.

1.8. You may not create a link to this website from another website or document without the prior written consent of EMFUM LTD.

1.9. Your use of this website and any dispute arising out of such use of the website are subject to the laws of England, Northern Ireland, Scotland and Wales.

 

Sculptures, Beach Art and Workshops

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2.1. EMFUM LTD offers a range of products and services including sculptures, beach art and workshops. Our services are subject to availability and we reserve the right to change or discontinue our services without notice.

2.2. EMFUM LTD retains ownership of all intellectual property rights relating to our products and services, including designs, drawings, plans and photographs.

2.3. EMFUM LTD takes all reasonable steps to ensure that our products and services are delivered to the highest standard. However, EMFUM LTD will not be liable for any loss or damage arising from errors or omissions in the delivery of our products and services.

2.4. EMFUM LTD may use photographs or videos of its services for promotional or marketing purposes. By using our services, you consent to the use of such photographs or videos.

2.5. EMFUM LTD may use third party subcontractors or suppliers to assist in the provision of its products and services. We take all reasonable steps to ensure that such subcontractors or suppliers are competent and reliable, but EMFUM LTD will not be liable for any loss or damage arising from the acts or omissions of such subcontractors or suppliers.

2.6. EMFUM LTD may offer workshops or courses related to its services. By participating in these workshops or courses, you agree to follow all instructions and guidelines provided by EMFUM LTD and acknowledge that there may be inherent risks associated with these activities. EMFUM LTD will not be liable for any injury or damage resulting from your participation in these workshops or courses.

2.7. Bespoke or Customized Services

2.7. EMFUM LTD may offer bespoke or customized services upon request. Any such services will be subject to separate terms and conditions, which will be agreed between EMFUM LTD and the client.

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Permits and Safety

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3.1. EMFUM LTD will obtain all necessary permits for sand sculpting on beaches or public spaces.

3.2. During workshops, EMFUM LTD will describe safety procedures and provide all necessary equipment to ensure the safety of participants.

 

Weather Policy

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4.1. In the event of bad weather that could compromise the integrity of a sand sculpture, EMFUM LTD will work with the client to reschedule the project or propose alternative solutions.

4.2. 4.2. EMFUM LTD reserves the right to cancel workshops due to unfavorable weather conditions. In this case, participants will be offered a full refund or the possibility of rescheduling the workshop.

 

Payment and Cancellation

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5.1. EMFUM LTD's services may be subject to a fee, which will be agreed upon in advance in a written proposal or contract. Unless otherwise agreed, payment will be due in full before the commencement of services.

5.2. EMFUM LTD reserves the right to require a deposit or upfront payment for certain services, such as custom sculptures or large-scale projects. The percentage and due date of the deposit will be specified in the proposal or contract.

5.3. Cancellation or rescheduling of reservations for EMFUM LTD's services must be notified in writing at least 14 days prior to the scheduled date. You can send your cancellation notice by email to contact@sculpture-sable.com.

• Cancellation within 14 days of the scheduled date: EMFUM LTD will retain the deposit (if applicable) and may charge a cancellation fee of up to 50% of the total project cost.

• Cancellation within 7 days of the scheduled date: EMFUM LTD will retain the deposit (if applicable) and may charge a cancellation fee of up to 100% of the total project cost.

5.4. EMFUM LTD reserves the right to cancel or reschedule a reservation of its services due to unforeseen circumstances or events beyond its control, such as unfavorable weather conditions (as outlined in the weather policy above), sudden illness of a team member, or permit restrictions. In such cases, we will make all reasonable efforts to inform you as soon as possible and offer alternative dates, a full refund for any fees paid, or a credit for a future project.

 

Privacy

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6.1. EMFUM LTD takes your privacy seriously and is committed to protecting your personal information. Our Privacy Policy, accessible on [link to your Privacy Policy], sets out how we use and protect the information you provide to us when you use our website or services.

6.2. By using our website or services, you consent to the collection, use and storage of your personal information in accordance with our Privacy Policy.

 

Modifications

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7.1. EMFUM LTD reserves the right to modify these Terms of Use from time to time without prior notice. The most current version of these Terms of Use will be available on our website at [link to your Terms of Use on your website].

7.2. Your continued use of our website or services following any changes to these Terms of Use will constitute your acceptance of those changes.

 

Intellectual Property

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8.1. All intellectual property rights relating to EMFUM LTD's services, including but not limited to sculptures, beach art, designs, drawings, plans and photographs, shall remain the property of EMFUM LTD or its licensors.

8.2. You may not reproduce, distribute or display any of our services or our intellectual property without our prior written consent.

8.3. EMFUM LTD may use photographs or videos of its services for promotional purposes, including on its website, on social media, and in its marketing materials. By using our services, you consent to such use of your image or property, unless otherwise agreed in writing.

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Limitation of Liability

 

9.1. EMFUM LTD will not be liable for any indirect, incidental, special or consequential damages arising out of your use of our website or services.

9.2. EMFUM LTD's liability for any direct damages arising out of your use of our website or services will be limited to the fees paid for those services.

 

Governing Law and Jurisdiction

 

10.1. These Terms of Use shall be governed by and construed in accordance with the laws of Ireland.

10.2. Any dispute arising out of these Terms of Use or your use of our website or services shall be subject to the exclusive jurisdiction of the Irish courts.

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Severability

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11.1. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

Entire Agreement

 

12.1. These Terms of Use constitute the entire agreement between you and EMFUM LTD concerning your use of our website and services.

12.2. All other terms and conditions are excluded to the fullest extent permitted by law.

 

Termination

 

13.1. EMFUM LTD may terminate these Terms of Use and/or your access to our website or services at any time without notice if you breach any of these Terms of Use or if we have reason to believe that your use of our website or services violates applicable laws or regulations.

13.2. Upon termination, you shall immediately cease all use of our website and services, and all provisions of these Terms of Use which by their nature should survive termination shall continue in full force and effect.

 

Waiver

 

14.1. The failure of EMFUM LTD to enforce any provision of these Terms of Use shall not be construed as a waiver of such provision or any right.

 

Force Majeure

 

15.1. EMFUM LTD will not be held liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism or permit restrictions.

 

Assignment

 

16.1. EMFUM LTD may assign or transfer its rights and obligations under these Terms of Use to a third party without notice.

16.2. You may not assign or transfer your rights and obligations under these Terms of Use without the prior written consent of EMFUM LTD.

 

Independent Contractors

 

17.1. EMFUM LTD and you are independent contractors, and nothing in these Terms of Use shall be construed as creating an agency, partnership or joint venture relationship between the parties.

 

Language

 

18.1. These Terms of Use may be provided to you in languages other than English for your convenience. However, in the event of any conflict between the English version and any other version, the English version shall prevail.

 

Contact Us

 

19.1. If you have any questions or concerns about these Terms of Use, please contact us at contact@sculpture-sable.com or contact@emfum.com, or by mail at our address provided above:

 

EMFUM LTD
POD 2, The Old Station House
15A Main Street
Blackrock, Dublin

A94T8P8

Ireland

 

Thank you for reading our Terms of Use. We look forward to serving you and providing you with the best possible service for your sand sculpture, beach art, and workshop creations.