IRISH SAVERS LED LIGHTING
TERMS AND CONDITIONS
1. Our Contract
1.1. These Terms and conditions of sale govern the supply of products sold by Irish Savers LED Lighting, the trading names of Mr James Green and Mrs Harjinder Green, registered number: 3229461SH (“We” and “Us”) to the customer (“YOU”). The Website www.irishsavers.com (“Website”) is owned and operated by us.
1.2. All orders placed by you or your agent on the Website, In Store, over the Telephone and by Email are basis of these Terms and Conditions of sale and are subject to acceptance by us on delivery of the products to you at which point a legally binding contract is constituted between us.
1.3. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Orders & Availability
2.1. On our Website, you may place to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Check Out” button on the checkout page.
2.2. All orders placed by you and purchases of products by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3. Where we accept your order, we have a legal duty to supply the products that are in conformity with these Terms and Conditions.
2.4. All products are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases. If we have insufficient stock to supply or deliver the products ordered and paid for by you, we will attempt to contact you using the details you have provided to us, to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where products are out of stock, we will refund you the price paid for such products as soon as possible and in any case within 14 Working days. In case of trade customer we will order the products for you in our desecration, depending on the account debt. In the event (“you the trade customer”) do not wish to proceed with the purchase we will raise a credit as soon as possible to offset the amount invoiced to you.
2.5. Occasionally, an error may occur and products may be incorrectly priced in which case we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
3.1. We insist that you use a qualified Electrician to install the items. We will not be responsible of any damages that arise whilst installing the items.
3.2. All products are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the products.
3.3. Products are intended for use in Ireland, UK and Northern Ireland only and we cannot confirm that the products comply with any laws, regulations or other standards applicable outside Ireland, UK and Northern Ireland.
3.4. We will not be responsible for any damage whilst installing or using the products, and all products should be installed to comply with the latest Electrical installation regulations.
4. Price & Payment
4.1. The price payable for the products you order or purchase is as set on our Website at the time you submit your order plus any delivery as advised to you at the time you submit. The price payable for the products includes VAT at the current prevailing Irish Rate.
4.2. We must receive payment for the whole of the price of the products you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
4.3. For Website order, payment can be made by most major credit or debit cards, via PayPal. For sales via Telephone, we will email or post you a proforma invoice, payment can then be made into our Business Bank Account. Once payment is received we will dispatched the products to your given address.
4.4. By using a credit or debit card to pay for your order or purchase, confirm that the card being used is yours or that you are authorised to use it.
4.5. All credit or debit card holders are subject to validation checks and authorisation by card issuers and PayPal. If the issuer of the card refuses to authorise payment to PayPal or us, will not accept your order or purchase. We will not be obliged to inform you of the reason for refusal, and we will not be liable for the items not being delivered or provided to you. We are not responsible for card issuer or bank charging the holder of the card as a result of PayPal or us processing of your credit or debit card payment in accordance with your order or purchase. We do not store any card details on our systems, as PayPal does that for security reasons. If a debit or credit card is used fraudulently we are not responsible as payments to Irish Savers are via PayPal. You will have to contact PayPal for further details. PayPal’s telephone number: 1800 948 510.
4.6. We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
4.7. If you are a trade customer, you are responsible for all orders placed by you or your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
4.8. If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
4.9. Any price displayed on the Website or in store shows the product selling price, both inclusive and exclusive of VAT. This shall be the sale price (exclusive of Delivery), unless otherwise another price is agreed in writing.
5. Delivery & Title
5.1. We will aim to deliver the products in accordance with your order usually within the stated delivery time but not more than 30 days (except in exceptional circumstances) after the day you place your order, unless otherwise agreed between you and us, subject always to clause 2.4 and 13. In additional to your rights under clause 2.4 and 13, in unlikely event that we do not make the products available to you within 30 days of placing your order you will have the option of cancelling your order by notifying us according prior to shipments.
5.2. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the products within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the products are suitable for your purposes and do not have any defects or missing parts.
5.3. For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangement at your own risk if the relevant item needs to be transported from the delivery location.
5.4. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 14 working days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the products, less the failed delivery costs.
5.5. Without prejudice to clause 5.4, upon delivery of the products to you or collection of the products by you, the products shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the products shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those too. Until title in the products passes from us to you, you shall:
5.5.1. Not be entitled to use the goods
5.5.2. Safely hold the goods for us
5.5.3. Return the goods to us immediately if we ask you to
5.5.4. Be liable to us for any loss, damage or destruction of the products
5.6. You shall store the products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the products.
6.1. You may cancel your order and return the items if you have purchased online, over the telephone or away from the premises to us by giving us notice of cancellation within 14 days of the date of delivery to you. In relation to products delivered to you, you may need to take the delivery of the products before you can cancel your order if the products are placed into our delivery proceed before we receive your notice of cancellation. Where your order comprises multiple delivery shipments the 14 day cancellation period for the products in your order runs from the date of the delivery of the last shipment to you.
6.2. You will lose your right to cancel after the expiry of 14 days period referred to in clause 6.1 (this does not affect your rights if there is any manufacturers fault with the products to which the provision 7.1.2 applies).
6.3. To exercise your right to cancel, you may inform us of your decision to cancel by an unequivocal statement by post (Irish Savers LED Lighting, Curraghnawall, Ballinamore, Co. Leitrim, Ireland) or telephone (071 9645437 / 087 146 1023) or email (email@example.com) or on the contact us details on our Website (http://www.irishsavers.com/contactus/) or using the cancellation form on our website (http://www.irishsavers.com/cancellation).This option applies to online sales, over the telephone sales or away from premises sales only. If products are purchased in store and by trade customers or delivered by one of our stuff member there are no cancellation rights (this does not affect your statutory rights).
6.4. On cancellation for whatever reason, where you have received the products you must return the products to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (costs apply to trade sales, our stuff delivery and store sales only). You must return products with all components within 14 days of cancellation. We will arrange for the products to be collected by DPD our courier or we will notify you if it can be posted. Will contact you and notify you of the date the collection will take place. You must pack all the products appropriately for the courier to collect.
6.5. Following cancellation, subject to clause 7.3.1 and 3.3, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges paid (this only applies to website sales and telephone sales). We will pay the refund within 14 days after notice of cancellation provided the products received are within this period otherwise
6.5.1. You notified us to cancel your order, where you have not received the products: or
6.5.2. We received the products you returned to us, where you are in receipt of the products; or
6.5.3. You provide us with a proof of return for the products, where you have returned the products but we have not yet received them.
6.6. Your right of cancellation does not apply to products that are cut (such as LED Strips and LED Strip Kits) to your requirements or ordered to your specifications.
7. Manufacturer’s Warranties / Guarantees / Faulty Products & Returns
7.1. Warranties & Guarantees
7.1.1. Your warranty is as stipulated to the manufacturer,s conditions
7.1.2. Your warranty commence from the delivery date or purchase date (subject to clause 7.1.1), if there is a manufacturer’s fault and providing the product has been installed correctly, and if you notify us within will the guarnteed period, we will repair or replace the faulty product (if this is not possible a refund).
7.1.3. Your warranty guarantee does not apply once you cut the LED Strip or install it incorrectly (instructions to install the LED strip is in the packaging).
7.1.4. If you alter any product in any way this invalidates your warranty. Where a product requires an earth conductor, if used without a suitable earth this invalidated your warranty (as some of the working parts require an earth). Where a product is replaced we cannot guarntee the exact size and design of the replacment product.
7.2. Faulty Products
7.2.1. If an item develops a fault after 30 days following delivery or collection, where there is a manufacturer’s fault, please contact us and we will replace, repair or refund.
7.2.2. If your products have arrived with a manufactures defect, or are inherently faulty, please return the products to us within 14 days of receipt where we will be happy to process an exchange (where possible).
7.2.3. Faulty / incorrect products must be returned to us before replacements are sent out.
7.2.4. To qualify for a repair or exchange the faulty product must be free of faults caused by accident, neglect, misuse or free from other conditions beyond our control (ie: lightening or adverse voltage).
7.3.1. You are required to take reasonable care of the products prior to returning them and we reserve the rights to make deduction from the amount of the refund for loss in value of the products returned where the products show signs of unreasonable use; for these purposes, unreasonable use includes
18.104.22.168. Handling the products beyond what is necessary to establish the nature, characteristics and functioning of the products
We may withhold any refund until we have received the products or you have supplied proof of return for the products. We will inform you if we are making any such deductions.
7.3.2. We will not accept any returns nor pay refunds in the event that the products returned are returned as a result of normal “Wear and Tear” of the products.
8. Legal Rights as a Consumer
8.1. The provisions of clauses 6 and 7.2 do not affect your legal rights if you are a consumer.
9. Liability for Consumers
9.1. If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
9.1.1. Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us and discussed by us at the time you and we entered into our contract)
9.1.2. Loss which arises when we are not at fault or in breach of these Terms and Conditions of sale and
9.1.3. Business loss (which includes both direct and indirect loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.1.4. Nothing in these Terms and Conditions is intended to affect your legal rights if you’re a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law (subject to clause 3.4).
10. Liability for Trade Customers
10.1. If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
10.2. Without any prejudice to clause 10.1, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any:
10.2.1. Direct and /or indirect profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption or
10.2.2. Indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
10.3. You acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
10.4. Subject to clause 9.1.4, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any products by you. Accordingly, if you are a trade customer, you here by agree to hold us harmless from indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of products that we supply.
11. Age Requirements for All Products
11.1. You confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you do not meet the age restrictions for all our products.
12.1. We may suspend further supply or delivery, stop any products in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or fail to pay when due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply products to you.
13. Event Beyond our Control
13.1. We shall have no liability to you for any failure or delay in supply or delivery of for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts, and imposition or restrictions of imports or exports).
14. Disposal of LED Lighting
14.1. The European Union (Waste Electrical and Electronic Equipment) Regulations 2014 ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound manner (recycled and recovered).
14.2. If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household LED Lighting purchased from us will be your responsibility to dispose of appropriately
14.3. In case of consumer, please take this waste to your nearest designated collection point where special facilities exist for correct disposal.
15.1. If any provision of these Terms and Conditions of Sale (including and provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our Contract shall be governed by and interpreted in accordance with the Irish Law.
15.2. You and we agree that any dispute between us arising out of our connection with Terms and Conditions of Sale will only be dealt with by the Irish Courts.
15.3. We are required by law to inform you that purchase can be concluded in English only and that no public filing requirements apply.
16. Complaints Procedure
16.1. If you have a complaint about a product / products, you can contact us at our office 0719645437 or you can email us on firstname.lastname@example.org or call our complaints manager on 087 146 1023 or write to us at Irish Savers, Curraghnawall, Ballinamore, Co. Leitrim, Ireland and we will deal with your complaint promptly.
16.2. If you have a complaint against any of our stuff please contact us on 087 739 1598 or email us at email@example.com or write to us at Irish Savers, Curraghnawall, Ballinamore. Co. Leitrim, Ireland.
17. Contact Details
17.1. If you wish to discuss your order or any other details, you can contact us on the following contacts
Office: 071 9645437
Mobiles: 087 739 1598 / 087 146 1023
Address: Irish Savers, Curraghanwall, Ballinamore, Co. Leitrim, Ireland
Contact us on the Website: www.irishsavers.com/contactus