Patrick Hoare & Sons Ltd LIABILITY
The following provisions set out Patrick Hoare & Sons entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; ("Event of Default"). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law.
Patrick Hoare & Sons Ltd shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Patrick Hoare & Sons Ltd as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. Patrick Hoare & Sons Ltd shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
Patrick Hoare & Sons shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Patrick Hoare & Sons Ltd does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Patrick Hoare & Sons Ltd is not responsible for those costs.
The Site and Material are provided on an "as is" basis without any warranties of any kind. Patrick Hoare & Sons Ltd and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose.Patrick Hoare & Sons Ltd and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, Patrick Hoare & Sons Ltd does not warrant that the use of the Material by you will not infringe third party rights.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Patrick Hoare & Sons Ltd, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not Patrick Hoare & Sons Ltd is advised of the possibility of such damages.
YOUR OBLIGATIONS
You agree:
that any information provided by you will be true, accurate, current and complete;
and confirm that you are the authorised holder of any credit/debit card you may use on the Site;
to notify us immediately of any changes to any information you have submitted to the Site; and
to be available for delivery and to take delivery of any products ordered by you from the Site.
PRODUCT DESCRIPTION.
Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Patrick Hoare & Sons Ltd does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.
PLACING YOUR ORDER WITH PATRICK HOARE & SONS LTD
Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Patrick Hoare & Sons Ltd for the sale by it to you of any product unless and until Patrick Hoare & sons Ltd accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Patrick Hoare & Sons Ltd sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
While every effort is made to ensure the availability of products and to fulfil all orders, Patrick Hoare & Sons Ltd cannot guarantee the availability of any product displayed on the Site. Patrick Hoare & Sons Ltd reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Promotional offers at Patrick Hoare & Sons Ltd retail or industrial outlet may not always be available on the Site and promotional offers listed on the Site may not always be available at Patrick Hoare & Sons Ltd retail or industrial outlets. Patrick Hoare & Sons Ltd cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered, we will promptly correct them and the amended provision will apply. Patrick Hoare & Sons Ltd reserves the right to change or amend prices or promotional offers at any time without notice.
PRICES AND PAYMENT
Prices are displayed in Euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT in the retail section at the current rates but do not include delivery charges.Prices quoted in the wholesale section are exclusive of VAT . Delivery charges will be notified to you and applied after you select your shipping method. Any orders in excess of €500 shall not incur a delivery charge. Promotional prices (where the previous price is struck through) indicate that these prices were listed at the original price for at least 28 days prior to this reduction.
Patrick Hoare & Sons Ltd accepts VISA, LASER CARD & MASTERCARD. Patrick Hoare & Ltd uses SSL to securely transmit your Credit Card information to our Bank. Customer Credit Card Information is not stored by Patrick Hoare & Sons Ltd on our servers. SSL (Secure Socket Layers) is a method of transmitting information over a 128 bit encrypted link between two secure servers. Patrick Hoare & Sons Ltd server is certified secure by Verisign.
DELIVERY
Patrick Hoare & Sons Ltd will endeavour to have your product delivered within three working days, for example an order placed on Monday would normally arrive on Wednesday and an order placed on Friday would normally arrive on Tuesday. All goods are physically checked by our staff prior to dispatch. We regret that at present we cannot deliver on Bank Holidays or weekends. We are unable to accept orders for delivery from outside the Republic of Ireland or to islands surrounding the coast of Ireland.
While Patrick Hoare & Sons Ltd will endeavour to meet our delivery estimates, Patrick Hoare & Sons Ltd cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the three day time frame. We would strongly recommend that you do not arrange for tradesmen to carry out work on your behalf until your order has actually been delivered.
Title to the goods will only pass when delivery is acknowledged by a valid signature from a member of your household who is 18 years or over.
RETURNS AND REFUNDS
Patrick Hoare & Sons Ltd will accept the return of any product, which is in its original condition and packaging and in the opinion of Patrick Hoare & Sons Ltd is re-saleable. In order to return goods, please contact the our store by email at returns@patrickhoare.ie or contact our telephone Helpline +353-67-41000 quoting your order number. The courier company will then be issued with an Authorised Return Label instructing them to collect the parcel from your address and return it to our on line store.
Replacement products will be charged (including delivery) until the returned product has been received in a re-saleable condition. If we agree to provide you with a refund we will instruct our Bank to credit your credit card account within 30 days of receipt of the returned product or post you a cheque from our accounts office.
LINKS TO AND FROM OTHER WEB SITES
The Site may contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Patrick Hoare & sons Ltd of the contents on such third party Web Sites.Patrick Hoare & Sons Ltd is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. Any disputes or questions relating to merchandise from linked sites or fulfilment or delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Patrick Hoare & Sons Ltd and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
Patrick Hoare & Sons Ltd generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site's homepage (and no deeper within the Site) and provided Patrick Hoare & Sons Ltd gives its consent to the establishment of such links. Notwithstanding the foregoing, Patrick Hoare & Sons Ltd reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
LIMITATION OF LIABILITY
The aggregate liability of Patrick Hoare & Sons Ltd to you for all claims arising from the use of this Site is limited to €49.99 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
INDEMNITY
You agree to defend, indemnify, and hold harmless Patrick Hoare & Sons Ltd, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Patrick Hoare & Sons Ltd shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
OUR PRIVACY POLICY
Patrick Hoare & Sons Ltd respects your right to privacy. As part of our on line store facility Patrick Hoare & Sons Ltd will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Data Protection Act 1988. Patrick Hoare & Sons Ltd may use your personal data for the following purposes:
To fulfill your order;
If there are any queries on your order or if there is a problem with fulfilling your order;
To advise you of any promotional offers that may be of interest to you;
To facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site;
Your information will be held by Patrick Hoare & Sons Ltd (or its successors, assigns or purchasers) and may be used only for this purpose. If you do not wish to receive information from Patrick Hoare & Sons Ltd about our promotional offers from time to time please email unsubscribe@patrickhoare.ie
GENERAL
This Site is controlled and operated by Patrick Hoare & Sons Ltd from its location in Ireland. Patrick Hoare & Sons Ltd makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Patrick Hoare & Sons Ltd may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Patrick Hoare & Sons Ltd may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This agreement constitutes the entire agreement between you and Patrick Hoare & Sons Ltd with respect to the use of the Site.
Patrick Hoare & Sons Ltd may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
© COPYRIGHT PATRICK HOARE & SONS LTD 2008. ALL RIGHTS RESERVED.