TERMS AND CONDITIONS OF SALE AND WEBSITE USAGE
TradeKit Direct owns and operates this website, www.tradekitdirect.ie
If you have any queries, complaints or comments relating to this Website or these Terms, please email us at firstname.lastname@example.org
TradeKit Direct and has its place of business at Ballycasheen Road, Killarney, Co Kerry.
In these terms and conditions the following words shall have the following meaning:
shall mean TradeKit Direct;
shall mean the person, firm or company offering to purchase goods from the Company; and
shall mean the articles and services the subject matter of the contract between the Company and the Customer.
"Website" means the website located at www.tradekitdirect.ie or any subsequent URL which may replace it.
2. General - Quotations are made and all orders accepted subject to the following Terms and Conditions, notwithstanding anything which may be stated to the contrary on customers order forms or in correspondence. No person has authority on behalf of the Company to vary the Conditions except a Director or the secretary of the Company, and then only in writing signed by the Director or Secretary.
3. New Accounts - Prospective customers wishing to open a Credit Account are required to complete and sign an Application Form provided by the company, giving two trade references and a bankers reference and acknowledging receipt of these Terms and Conditions. Until the opening of an account has been confirmed by the Company in writing, goods will only be supplied on a Pro-Forma basis or Cash on Delivery basis, otherwise delivery will not be made until the opening of a Credit Account has been approved. Consumers as defined by the Consumer Credit Act, 1995 shall be prohibited from opening such an account. The Company reserves the right to decline any application without stating any reason.
4. Settlement - Payment must be received on or before the last date of the month following that in which the invoice is dated. The Customer shall not be permitted to make any deduction whether by reason of set-off or for any other reason.Where payment is overdue, delivery of further orders may be held up pending settlement without reference to the customers, or prejudice to the Company. The Company reserves the right to charge interest on overdue invoices that shall accrue from the date of invoice from day to day until the date of payment at a rate per annum of 5% above the AIB base rate from time to time in force. Once an account becomes overdue, payment for all goods and services delivered or provided, irrespective of date, immediately becomes due for payment. If applicable, settlement discount will not be allowed on any overdue payment. Settlement terms may be altered only in writing authorised by a Director of the Company. No receipts will be issued unless specifically requested.
5. Title of Goods and Delivery - While the Company shall always endeavour to ensure it will meet the delivery time quoted it can accept no liability for failure to do so. Delivery time is not of the essence.
a) Title to the goods sold shall not pass to the customer until the whole of the purchasing price has been paid. Until payment has been made, the customer will hold the said goods as fiduciary owner on behalf of the Company, and will store them in such as way as will enable them to be recognised as the goods held in a fiduciary capacity.
b) Where goods not paid for have been disposed of, whether by sale or application, or incorporated in manufactured products the customer will i) if the said goods have been sold, pay the Company the proceeds of the same, or ii) if the said goods have been used or incorporated into other goods, the customer will hold the product of the said goods as fiduciary owners on behalf of the Company.
c) The right to apply, use or sell the goods shall automatically cease if a Receiver is appointed over any of the assets of the customers company, or a Winding Up Order is made against him, or if the customer goes into voluntary liquidation (other than for the purposes of reconstruction or amalgamation), or if the customer calls meetings or makes any arrangements with its creditors or commits any acts of bankruptcy. Upon the cessation of the right to apply, use or sell the goods under the clause above, the customer will immediately place the goods or the new goods in which the said goods have been incorporated at the Company's disposal. The Company will be entitled to enter upon any of the customer's premises for the purposes of removing, and to remove, the said goods and products.An irrevocable license to enter upon any premises to effect such repossession is hereby granted by the Customer to the Company.
d) Any price quoted is construed as an invitation to the Customer to make an offer to purchase the goods only. No offer by the Customer shall be binding shall be binding on the Company unless and until it is accepted by the Company through the issue of an on-line order confirmation or through the goods being dispatched by the Company to the Seller.
6. Quotations - Are made at current prices but are subject to alteration without notice. Goods will be charged at prices ruling at date of dispatch. Prices quoted will be for quantities specified on your enquiry. Any change in quantity may require a change in price.
7. Acceptance - Unless previously withdrawn and subject to conditions 5 and 6, quotations are open for acceptance within the period stated therein: within 28 days of quotation. Furthermore the customer shall be deemed to have accepted the Goods three days after delivery to the customer and the provisions of the Sale of Goods and Supply of Services Act 1980 in relation to acceptance are hereby excluded. After acceptance the customer shall not be entitled to reject Goods, which are not in accordance with the contract. No Goods delivered to the customer which are in accordance with the contract will be accepted for return without the prior or written approval of the Director on such terms as we may determine at our absolute discretion.
8. Prices - Any prices shown in literature quotations and invoices are those current at time of preparation and it must be understood that they are subject to alteration without notice.
9. Delivery -The time for delivery will date from receipt by the Company of a written order to proceed and from all relevant information to enable the company to put the work in hand. The company will not accept any liability for any loss, damage or injury caused by or arising in whole or part from any delay or failure to affect delivery by any particular date.
10. Orders - Orders sent in confirmation of telephone instructions should be clearly marked as such otherwise any additional expense incurred by the Company as a result of duplication of the order will be charged to the customer. For materials that do not comprise of our normal stock orders are accepted on the understanding that once the goods have been dispatched by the manufacturers, they cannot be cancelled except by agreement with and on the Terms and Conditions laid down by the manufacturer. We can only accept responsibility for cancellations if made in writing. We may cancel all or part of any order for Goods at any time before the Goods are delivered by giving written notice to the customer. On giving such notice we shall within seven days repay to the customer any sums paid in respect of a cancelled order. We shall not be liable for any loss or damage arising from such cancellation. The customer may not cancel or vary any order without written consent from the Director upon terms that shall indemnify us against all losses including loss of profits, costs, damages, charges and expenses incurred by the customer.
Any works charges incurred for non-stock items will be invoiced. All orders for Goods shall be deemed to be on offer by the customer to purchase Goods subject to these conditions. All Goods are offered and sold subject to sufficient stock being available and to the price being confirmed by us.The Company reserves the right to refuse any order placed or to refuse cancellation of any order or to suspend delivery of any order from time to time if any account is in arrears
11. Packing and Cases - Boxes and cases which have been charged will be credited in full if returned and received in good condition, carriage paid within 14 days of our invoice. Cable drums are charged in accordance with the manufacturers conditions.
12. Damage in Transit and Shortages - Goods received in a damaged or unsatisfactory condition must be signed for as such. On receipt goods must be checked with the advice note enclosed with the goods and shortage claims will only be considered if the carriers and the Company receive written notification of such shortages within 3 days of delivery, failing which no liability will be admitted. The packing and contents should be retained for inspection. Risk of loss or damage shall pass to the customer from the time of delivery without prejudice to the provisions of clause 4 above. In the event of non -delivery of the goods charged on an invoice, responsibility cannot be accepted unless the company is advised in writing within 14 days of the invoice.
13. Insurance - Once the goods have been delivered by the Company to the Customer at the Customer's premises, it shall be the duty of the Customer in insure same against loss or damage and notwithstanding the fact that Title in the said goods shall not pass until all sums have been paid by the Customer to the Company, the Company shall not be liable for any damage which shall occur to the said goods once they have been delivered to the Customer's premises.
14. Returns - Goods correctly supplied may not be returned without our written agreement. Goods so returned must be consigned 'carriage paid' and accompanied by a packing note stating our invoice number and date together with the reason for return. Any goods that have been specifically ordered by the Company for a customer will only be accepted as returns subject to the terms and conditions of the supplier of the said goods and which may include (but not exclusively) any re-stocking charge. Goods incorrectly supplied may be returned without the need to obtain the consent of the Company.
In the event the Company does not have in stock the goods as ordered or advertised, the Company reserves the right to furnish the Customer with a product of similar description and nature which carries out the required function of the goods as originally ordered.
15. Guarantee - The Company's liability in respect of all goods supplied by it shall be limited to giving the buyer the benefits of any guarantee or warranty by the manufacturer of such goods. The company shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by, or under any statute custom or trade usage are hereby expressly excluded.
16. Carriage - Carriage shall be charged on all orders valued under €75.00. We normally make no delivery charge for delivery of orders valued over and above this figure. However at all times we reserve the right to charge carriage on heavy, bulky or fragile goods. Where goods are specially ordered from manufacturers and a carriage is made, we reserve the right to pass on this charge.
17. VAT - Where chargeable, VAT will be charged at the rate applicable at the date of dispatch. VAT is strictly net.
18. Business (non-consumer) Sales - The provisions of the Sale of Goods and Supply of Services Act 1980 which relate to consumers are excluded and accordingly shall have no application. All implied terms conditions and warranties relating to the condition, quality and / or fitness for purpose of the Goods or any of the Goods are excluded.
19. Credit Reference and Fraud Protection Agencies - we will make searches about you at credit reference agencies who will supply us with information from the Electoral Register. The agencies will record details of the search whether or not this application proceeds. We may use credit-scoring methods to assess this application and to verify your identity. Credit searches and other information which is provided to us and/or the credit reference agencies, about you and those with whom you are linked financially, may be used by (the organisation) and other companies if credit decisions are made about you, or other members of your household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of your account.
20. Viruses and Hacking - You must not abuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not seek to procure unauthorised access to our site, the server on which our site is stored or any server, computer or database otherwise attached to our website. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
21. Intellectual property rights - The Company is the owner or the licensee of all intellectual property rights in this our website, and in the material published on it. Such works are protected by copyright laws and treaties which are in existence worldwide. All such rights are reserved. It is permissible for you to print off one copy, and to download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to information and material available on our website.You are not permitted to modify the paper or digital copies of any materials which you may have printed off or downloaded in any form and you are not permitted to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text which is posted on our website.Our status (and that of any identified contributors) as the authors of material on our site must be acknowledged at all times. It is not permissible to use any part of the materials on our site for commercial purposes without having previously obtained a licence to do so from the Company or its licensors.
22. Access to our website - You are entitled to access the Company's website on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this our website without notice. You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable local, national or international law, or is or has any unlawful or fraudulent purpose or effect. You may not use our site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs designed to inhibit the operation of any computer software or hardware. The Company will not be liable if for any reason our site is inaccessible for a period of time.
23. The customer is subject to the Terms and Conditions in place at the time he/she orders products from the Company, unless any change to these Terms and Conditions is required by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to these Terms and Conditions before the Dispatch Confirmation is sent to you (in which event you indicate that you accept the change to the Terms and Conditions, unless you advise us of the contrary within seven working days of receipt by you of the goods).
24. Cooling off period - If you are contracting as a consumer and are an Irish or EU resident, the Distance Selling Regulations apply to you and state that you may cancel a Contract within seven working days, beginning on the day after you received the goods. If the consumer has purchased products from the Website and if the Consumer wishes to cancel the order pursuant to the aforementioned Regulations he/ she must advise in writing, within 7 days of receipt of the order, to postal address: Ballycasheen Road, Killarney, Co Kerry.
Alternatively the Consumer may email email@example.com quoting his/her order reference number. The Consumer must also return the good(s) to the Company instantly, in the same condition in which he/she received them and in the original packaging accompanied by a copy of your receipt. A refund will be issued to you upon return to the Company of the good (s) in question. The Consumer is responsible for any cost incurred or risk in returning good(s). If the Company is not informed in writing within the relevant period and the products are not returned within the relevant period you the Consumer will not have a right to cancel the Contract and return the good (s).
25. Our site changes frequently-We intend to update our site regularly and may change the content frequently. We may suspend access to our site or close it indefinitely where such action is deemed necessary. Any of the material on our website may be out of date and we are under no obligation to the Consumer or under law to update such out dated material.
26. Linking to our website
You may link to our Website, on the condition that you do so in a way that is fair and legal and does not harmthe Company's reputation or take advantage of it. However you must not establish a link in such a way as to suggest any form of association,or approval on the part of the Company where none such association or approval exists.
We reserve the right to withdraw linking permission without notice.
27. Links from our site - In the event that our website provides links to other websites provided by third parties, these links are provided for your information only. We have no control over the contents of those websites, and accept no liability for any loss or damage that may result from your use of those websites.
28. Our liability
To the extent permitted by law we and third parties connected to us exclude:
(a) all conditions, warranties and other terms which may be implied by statute, common law or the law of equity.
(b) any liability for any direct, indirect or consequential, special, incidental or punitive loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of current or future profits; loss of business; loss of profits or contracts; loss of predicted savings; loss of enterprise value; loss of goodwill; wasted office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these terms and conditions of sale and internet usage shall exclude or limit the liability of the Company for death or personal injury resulting from the negligence of the Company or any of its employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
Tradekit Direct will not be responsible for any charge issued by Your card issuer, bank or payment processing as a consequence ofTradekit Direct processing Your payment in accordance with Your order.
Except to the extent required by applicable law, Tradekit Direct shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on the Website.
29. These Terms and conditions of sale and internet usage constitute the entire agreement between Tradekit Direct and You and override any and all prior arrangements, terms, conditions, warranties and/or representations between Tradekit Direct and You, relating to the subject matter of any contract, to the fullest extent permitted by law, whether oral, written or otherwise.
30. Our right to vary these terms and conditions
We have the right to revise and amend these Terms from time to time and will notify you by posting an updated version of these Terms on our Website.
31. Force Majeure - We shall have no liability whatsoever under, or in any way related to the sale and purchase of the Goods or otherwise for any failure to fulfill any obligation hereunder if and to the extent that such fulfillment is prevented by circumstances beyond our reasonable control.including, but not limited to, an act of God, war, civil disturbance, import or export regulations, strikes, lock-outs or trade dispute (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, breakdown of machinery, fire or accident. Should any such event occur, the Company may cancel or suspend delivery without incurring any liability for any loss or damage thereby occasioned.
32. Law and Jurisdiction - All contracts made under these Conditions shall be governed by the law of The Republic Of Ireland. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of The Republic Of Ireland.