Terms & Conditions for Supply of Goods
This page sets out the terms and conditions under which we supply any of the products (Products) listed on our website www.hireandhardware.ie (Website).
During the order process you will be directed to this page.
An order can not be placed until you confirm acceptance of these terms and conditions.
1. INFORMATION ABOUT US
The Website www.hireandhardware.ie is owned and operated by KERRY PLANT AND TOOL HIRE LIMITED, a private company limited by shares and registered with the Company Registration Office, Ireland.
Company Registration Number: 256912
Registered office & Head office: Woodland Industrial Estate, Killarney, Co. Kerry
VAT Number: IE8256912T
Hire and Hardware is a Registered Business Name owned by Kerry Plant and Tool Hire Limited, Business Name Number 398383
To contact us please use one of the following methods:
(a) Email: firstname.lastname@example.org
(b) Telephone: +353 64 6630004
(c) Fax: +353 64
(d) Write: Hire & Hardware, Woodland Industrial Estate, Killarney, Co. Kerry
2. YOUR STATUS
By placing an order through our website, you make a binding contractual promise (or 'warranty') that you are:
(a) at least 18 years old;
(b) legally capable of entering into binding contracts;
(c) if you are an individual placing an order on behalf of a business or entity for which you work, you are authorised to place it on their behalf;
(d) authorised to use the chosen method of payment
3. PLACING AN ORDER
3.1 After placing an order, you will receive an e-mail from us acknowledging receipt of your order (Order Acknowledgment). Any order placed by you through the Website shall be deemed to constitute an offer to purchase.
3.2 No contract shall exist between for the sale of any product unless and until your order is accepted.
We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (Despatch Confirmation) together with an invoice for those Products despatched.
That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time an email is sent to you (whether or not you receive that email).
3.3 Where an order is placed for more than one product, a contract will formed only in relation to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
3.4 While every effort is made to ensure the availability of products and to fulfil all orders, we cannot guarantee the availability of any product displayed on the Site. We reserve the right to discontinue the sale of any good or service listed on this Site at any time without notice.
4.1 The price of any Product will be displayed in € EURO and as quoted on the Website from time to time, except in cases of obvious error.
4.2 Prices are exclusive of VAT; however the full price including taxes will be displayed prior to the completion of an order.
4.3 Delivery costs are excluded but will be added to the total amount due and will be provided once a delivery address is provided to through the online ordering system.
Depending upon where we are asked to despatch the goods to and depending on the weight and size of the Product, delivery costs may vary and where the cost for arranging delivery is higher than the cost advised to you on our website, we will advise you of this and give you the opportunity to cancel your order.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
4.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
4.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.1 Payment for all Products can be made by credit or debit card. We accept payment by Maestro, Laser, MasterCard or Visa. Payment in currencies other than EURO may be subject to fluctuations in exchange rates and to charges made by your credit or debit card company
5.2 On receipt of your order we will automatically deduct the cost of the Products together with delivery charges from your card within 24 hours of receiving your order.
5.3 In the event of it being necessary, pursuant to these terms and conditions, we are also able to cancel or refund individual items of your order; such refund will be automatically applied to the same method of payment chosen by you.
5.4 You may also order products on our Website and select payment by cheque. In such circumstances your order will be placed on "hold" until we receive your cheque and have obtained cleared funds to our bank account; once received we will then send to you the Order Acknowledgement.
6. AVAILABILITY AND DELIVERY
6.1 It is our aim to deliver Products within 3-5 working days for delivery in Ireland (32 counties), from the date in the Despatch Confirmation. These time periods however are estimates only and deliveries beyond this date will not be grounds to cancel your order unless we fail to deliver the Products to you within a reasonable time or as a consumer you exercise your right to cancel in accordance with condition 6.3 below.
6.2 Whilst we cannot guarantee delivery within the time periods specified at condition 6.1, if you have not received your Products after this period has expired, please contact us by sending an email to email@example.com or telephone +353 64 6630004 with your order number to hand. We will advise you of the present position and endeavour to ensure you receive the Products as soon as is reasonably possible.
6.3 Be advised that if you are trading with us as a consumer, we have a statutory obligation to deliver Products to you within a maximum period of 30 days of the date of the Order Acknowledgement after which you have the right to cancel your order and receive a full refund of the purchase price.
6.4 The quantity of any Products as recorded by us on despatch from our premises shall be conclusive evidence of the quantity received by you on delivery unless conclusive evidence to the contrary can be provided by you. For the avoidance of doubt, any signature given to our delivery agent by any person other than yourself at the delivery address confirming receipt of the Products shall not be deemed conclusive proof of non - delivery.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time we deliver the products to you.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. OUR LIABILITY
8.1 We take great pride in the products and service we offer, however as we do not manufacture any of the Products on our website, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by our suppliers.
8.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for a period of 12 months.
8.3 Our general liability for losses you suffer as a result of us breaking this agreement in any way is strictly limited to the purchase price of the Product and any losses which are a reasonably foreseeable consequence of us breaking the terms of this agreement.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.5 Your statutory rights under the Sale of Goods and Supply of Service Act 1980 are not affected
9. CONSUMER RIGHTS
9.1 A consumer in the European Union has the right to cancel a contract for purchase of a product at any time within seven working days, from the day after the Product(s) is delivered. In this case, you will receive a full refund of the purchase price paid for the Product(s) in accordance with our refunds policy (set out in clause 10 below).
9.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.
9.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.4 You will not have any right to cancel a Contract for the supply of any products that have been used by you and cannot be resold because of your use of those Products.
10. OUR REFUNDS POLICY
10.1 Where you have exercised your rights as a consumer and cancelled the Contract within the seven-day cooling-off period (see condition 9.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of you having given notice of your cancellation. In this case, we will refund the price of the Product in full to you, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective.
10.2 Where you seek to cancel the Contract for any other reason (for instance, that the Product is defective or does not comply with the warranties as set out at clause 8.2), we will examine the returned Product and will notify you with our view on whether you are entitled to obtain a refund, repair or replacement Product via e-mail within a reasonable period of time.
10.3 If any Product is alleged to be defective or does not conform with any of the warranties in condition 8.2, you must return the Product to us for inspection initially at your own cost.
10.4 Where we are satisfied that the Product is defective or does not comply with the warranties in 8.2, we shall at our option either arrange the repair or replacement of such Product(s) or refund you reasonably incurred expenses in returning the product to us. If however you are a consumer you will also have the additional right to request a full refund of the purchase price paid for the Product together with the delivery costs we originally charged you when purchasing the product and any reasonably incurred delivery costs you incurred in returning the Product to us.
10.5 Where we agree to make a refund to you, we will endeavour to process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective Product.
10.6 Any refund will be processed using the same method as per the original order.
11.1 All notices given by you to us must be given to Kerry Plant & Tool Hire Ltd. at our registered office address which is at Woodlands Industrial Estate, Killarney, Co. Kerry.
11.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. WRITTEN COMMUNICATIONS
12.1 Where the law requires information or communications to be sent to you be in writing, such communication shall be done through electronic means.
12.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between the parties shall be binding on both parties and on their respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
If you have a complaint about any of our services you may either ring our telephone number on 064 6630004 or email us at firstname.lastname@example.org
We understand that our customers are concerned about the security of the information provided to us. We take significant steps to protect all your information, and especially your payment details
All information you provide to us is stored on secure servers. When processing your order through our website, all personal data, including your card number and other personal details are transmitted over secure connections, meaning that no-one can 'eavesdrop' and capture your details.
Any payment transactions will be encrypted using VeriSign SSL technology.
Additionally, your card details are transmitted over the Realex secure server for authorisation and payment and are not viewable by us. As such you are protected because the transaction was processed on the basis 'Cardholder not present.' This means that any payments will be refunded to your card should it be later established that your card has been used fraudulently by someone else or you do not receive what you ordered.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
20. LAW AND JURISDICTION
The contract and pre-contract relations between us shall be governed by and construed in accordance with the laws of the Republic of Ireland.
The courts of the Republic of Ireland are to have exclusive jurisdiction to settle any dispute arising out of or in connection with this contract, save an except for where otherwise provided for under European Consumer Law.