Terms And Conditions
(A) These terms and conditions which supersede all earlier terms and conditions shall apply to all sales and services by Clonmines Joinery Ltd and no variation
shall have effect unless expressly agreed in writing by the Company.
(B) There will be no contract between the Company and Buyer until the buyers order is accepted and the Company has confirmed the order in writing.
(C) All goods supplied under this contract shall be to customary trade standards and subject to the usual allowances from cutting, planning, shrinkage, drying
or other recognised tolerances.
2. TRANSFER OF OWNERSHIP
(A) The property and goods supplied by Clonmines Joinery Ltd shall remain in the Company until the Company has received payment in full for all sums due and owing on the account of the buyer.
(B) If the Buyer shall sell or otherwise dispose of the goods before payment in full as aforesaid has been made to the Company, The Buyer shall in such case act on his own account and not as agent for the Company and shall hold all monies received by him from such sale or disposal in trust for the Company and shall on request furnish the Company with the names and addressed of the persons to whom such disposals have been made together with all necessary particulars to enable the Company to recover any outstanding sums due from ownership.
(C) So long as the property in the goods shall remain in the Company, the Buyer shall hold the goods as bailee for the Company and store the goods so as to clearly show them to be the property of the company, and the Company shall have the right without prejudice to the obligations of the Buyer to purchase the goods to retake possession of the goods (and for that purpose to go upon any premises occupied by the Buyer)
(D) In the event of the buyer having worked on the Company’s goods, mixing those goods with any other goods supplied by any other supplier, the provisions of Clause 2.A shall apply an the Company is authorised to dismantle any end product or item removing from there any goods which it supplied not withstanding that such goods have been incorporated by the buyer into any product or item. The Company shall, under no circumstances, be liable in any way for any damage caused to any of the buyer’s product as a result of such removal. The buyer grants to the Company the right to enter onto any premised occupied by the buyer to retake possession of goods supplied.
(A) Any times quoted for delivery are estimates only and the Company shall not be liable for failure to deliver within the time quoted.
(B) If the goods are not received by the Buyer within seven days from the date of the relevant invoice, the carrier and the Company must once be informed.
(C) The Company shall be entitled to make partial deliveries or deliveries by instalments and the terms and the conditions herein contained shall apply to each partial delivery.
(D) Deviations in quantity of the goods (representing not more than 10 per cent by value) from that stated in the contract shall not give the Buyer any right to reject the goods or to claim damages and the Buyer shall be obliged to accept and pay at the contract rate for the quantity of the goods delivered.
(E) The goods properly packed and secured in such a manner as to reach their destination in good condition under normal conditions of transport, shall be delivered by the Company at, or despatched for delivery to the place or places and in the manner specified in the order or subsequently agreed. Delivery to any lands or premises shall be deemed to be effected by delivery to the nearest off loading point or hard surfaced area.
(F) Where goods are to be delivered by public carrier the liability of the Company shall cease immediately the goods are delivered to the said carrier its servant or agent for delivery to the Customer.
(G) The signature of any employee of the buyer acknowledging receipt of the goods shall be conclusive evidence of receipt of the goods specified on the relevant delivery docket.
4. RISK OF LOSS OR DAMAGE
(A) Notwithstanding that the property in the goods may not have passed to the Buyer, the Buyer shall carry all risk of loss of damage to the goods from the time
when the goods are delivered to a carrier for transmission to the Buyer or the prior delivery to a carrier for transmission to the Buyer, or the prior delivery
of the goods to the stipulated place of delivery, either of which events shall constitute delivery to the Buyer, and Section 32 (2) and (3) of the Sale of Goods
Act, 1892 shall not apply.
(B) From when the risk of loss or and damage to the goods commences to be carried by the Buyer until the Company is paid in full for the goods, the Buyer shall:
(i) indemnify and keep indemnified the Company against all loss of and damage to the goods and against any reduction in the re-sale value thereof below
the price to be paid therefore by the Buyer.
(ii) Insure and keep insured the goods in an amount at least equal to the price to be paid therefore by the buyer; and (iii) Hold upon trust for the Company absolutely all proceeds of such insurance.
(A) Any price quoted by the Company or comprised in the contract is provisional only, and is subject to market fluctuations and/or changes in basic national wage rates, freight charges, rates of exchange, cost of materials (including raw materials) or other relevant costs. Whilst every effort will be made to maintain prices quoted the Company reserves the right to execute orders at prices ruling at the time of delivery.
6. TERMS OF PAYMENT
(A) All sums due and owing to the Company shall become payable on receipt by the buyer of an invoice from the Company unless otherwise agreed in writing.
(B) In the event of the Company agreeing to credit terms other than payment on receipt of invoice, such credit terms may be revoked or cancelled by the
Company by written notice to the buyer and in the event that they are revoked the amount due shall become payable on receipt of such notice.
(C) The Buyer shall pay to the Company interest on overdue payments calculated on the day-to-day balance at a rate of interest equal to that from time to time
payable by the Company on overdraft borrowings. Such interest shall be payable on demand and may be charged and added to the balance of overdue
payments and thereby compounded, from time to time as the Company may determine. A statement from the Company as to the rate of interest applicable
under this paragraph shall, in the absence of manifest error, be conclusive
(D) Nothing in this clause shall be taken as limiting the Company’s Right under clause 8.
7. CLAIMS BY THE BUYER
(A) the Company shall not be liable for non-shipment /non-delivery, damage or delay arising from circumstances beyond the Company’s control or arising out of
a trade or industrial dispute, either at the Company’s premises or any other premises.
(B) If by reason of any defect in the goods there shall be a breach of any implied condition or warranty applicable thereto, the Company shall at its option either
repair or replace the goods or issue credit to the Buyer, provided that:
the Company is notified in writing within 1 days of the discovery of any such defects by the Buyer and in any event not later than 21 days after purchase. The relevant goods are returned to the Company at the cost of the Buyer.
Examination of such goods by the Company shall disclose to its satisfaction (that the defect or failure to have occurred as aforesaid, and in particular that the goods shall not have been affected by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the Company.
8. DEFAULT BY BUYER
(A) If the buyer
(i) fails to comply with any terms of the contract (including stipulations as to payment);
(ii) commits an act of bankruptcy, makes an arrangement with creditors or suffers any distress or execution;
(iii) resolves or is ordered to be wound-up or has a Receiver or Examiner appointed.
Then in such event the Company shall have the right (without prejudice to any other remedies) to cancel uncompleted orders and withhold or suspend any
delivery of further goods and demand payment forthwith of all sums due by the buyer to the company.
(B) In the event the Company exercises any rights it may have to stop goods in transit because of the buyer’s financial condition, the Company may at its option
resell such goods, by public or private sale, without notice to the buyer and without affecting the Company’s rights to hold the buyer liable for any loss or
damage caused by breach of contract by the buyer
The Buyer shall not indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done or the supply of goods in accordance with the Buyer’s specifications which involves the infringement of any letters patent, registered design, copyright, trademark or trade name or other rights of confidentiality or information or industrial, commercial or intellectual property.
The buyer shall not assign or transfer or purport to assign or transfer to any other person the contract or the benefit thereof or the benefit of any condition, warranty or guarantee or other term or condition express or implied) forming part thereof or relating to the goods.
The headings of these Terms and Conditions are for convenience only and shall have no effect on the interpretation thereof.
12. GOVERNING LAW
This contract shall be governed and construed in all respects in accordance with the laws of the Republic of Ireland.
Although we endeavour to provide you with the item requested, occasionally we may be unable to fulfil an order due to unavailability of certain items. In this case, you will be informed as soon as possible and will be given the choice to wait for more stock to become available, cancel the order or order a different item.
Price of Goods
The price listed on the Website (the ‘Price’) for Éirewood products (the ‘Products’) will be as stipulated at the time when you place your order on the Website. We are entitled to make adjustments to the price from time to time to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website are wrong. We are also entitled to make adjustments to the price of Products during sale time and roll out promotions on Products without notice.
Payment can be made by all major credit cards. Payment will be debited and cleared from your account at the point at which your order is despatched. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Éirewood, we will not be liable for delay or non-delivery of goods. We retain the legal ownership of all goods until full payment has been made by you and received by us and legal ownership of the goods will immediately transfer back to us if we refund any payment for the goods to you. Risk in the goods transfers to you upon delivery.
Legally Binding Contract
Please remember that when we accept your submitted order for goods on this website, there will be a legally binding contract.
All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. We do not file details of your order for you to access so please print out these terms and conditions and the order acknowledgement for you own record.
We will endeavour to deliver the products to you within the lead-time shown to your stated delivery address, where this is practical. However, products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 28 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. At the time of delivery you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility. If no one is available to accept the delivery you will receive a written note to advise that a delivery has been attempted. If you are not available to sign for the parcel on the second delivery, the goods will be delivered back to ourselves and there will be a re-delivery charge applicable.
We reserve the right to change our shipping charges in line with costs.
Information on Returns
This Returns Policy is in accordance with The European Directive on Distance Selling (Directive 97/7/EC). These terms do not affect your statutory rights.
The European Directive on Distance Selling, dictates that customised goods (i.e. personalised gifts) made according to custom specifications may not be returned. This protects the livelihoods of our Sellers, so please ensure that your customised order is agreed and documented with the Seller before work begins. This will avoid disputes after delivery.
Prior to returning the item, please contact us to receive a Product Return Code to ensure the item is accurately tracked. This code should then be included with the returned item.
Unwanted or damaged items may be returned or exchanged provided they are received within 7 working days of the original delivery date. We operate a strict notification policy of damages or faults to products. Notifications must be made within 24 hours post signed delivery. Notification can be made by email to email@example.com or by phone +353 (0)51 561805 between 9.00am to 5.00pm (GMT) Monday to Friday. Our offices are closed every Saturday, Sunday and all Irish Public Holidays. Out of hours voice-messaging service will be available on the above line.
No claims will be processed or credit provided until the returned items are received in brand new, unused condition in the original packaging (including labels and care cards). This must be accompanied by a note stating your name, address, email address, contact telephone number, the reason for the return and whether you require a refund or exchange. Send returns to Gameball Awards, Clonmines Joinery, Clonmines,Wellington Bridge, Co Wexford Ireland. The items remain your responsibility until we receive them.
In respect of determining whether or not a product is faulty/defective, you expressly acknowledge that the Products are handmade and accordingly that each Product will vary somewhat in size, shape and design. No two Products, even within the same Product category or type, will be identical and such differences shall not of themselves indicate that any Product is defective.
Unless the goods are defective, you will need to pay the cost of returning the goods to us. In the case of defective goods, you will receive a full refund including postage and packaging costs. Please note that proof of postage may be required should an item be lost in transit. We cannot provide refunds or exchanges until such proof is provided.
Refunds will be applied to the credit/debit card used to make the original purchase unless otherwise notified. Refunds will be furnished within 30 days of the accepted request.
If you have requested replacements of a higher value, the difference due will be charged to the card used to pay for the original order.
All sale items are considered final sale and not eligible for refunds or exchanges.
For further information on our returns policy, please contact us on +353 (0)51 561805.
We make every effort to ensure that the images displayed on our website are as accurate as possible. However, product images displayed on the website may occasionally differ from the respective product names and descriptions due to changes in packaging and /or availability. Please also note, due to the nature of the products there will be small variations in the colour and size. To minimise waste we judge each piece of wood individually and therefore the sizes can vary and sometimes be slightly larger or smaller than stated. Every piece is made to be absolutely unique, so you may not receive exactly what is in the picture, although it will be very similar.
Conformity of Goods
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer used by you.
All product information contained on this website is for guidance only. We cannot take any responsibility for errors or omissions.
Gameball Awards reserves the right to abort access to our internet services if your behaviour is found to be discordant with these terms and conditions at any time.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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.