These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Kellihers Mills Ltd. Farm, Garden and Pet Supplies
Our address is: Units 9 & 10 Boyle Industrial Estate, Clash, Tralee, Co. Kerry, Ireland
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
[except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person.
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated €50 per hour].
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
accept the alternatives we offer;
cancel all or part of your order.
Price and Payment
The price payable for the Goods that you order is clearly set out on Our Website.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in theEuropean Union Consumer Contracts (Information, Cancellation andAdditional Charges) Regulations 2013. Provided those regulationsapply to the transaction concerned, then the following terms apply tothe contract.
As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
The option to cancel your order is not available:
if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
riding hats, helmets and skull caps can not be returned due to health and safety requirements, this does not affect your statutory rights
if the Goods become mixed inseparably (according to their nature) with other items after delivery.
If you decide to cancel your order within 14 days after we have despatched the Goods, you have a further 14 days in which to return the Goods.
You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
If the Goods you return show any sign of damage [or loss due to your checking] then we shall be entitled to deduct the cost from your refund money.
In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
To assist us in identifying your Goods on receipt by us, we ask you to provide a telephone number for a return reference to be placed below our address / returns label.
This paragraph does not affect your rights in the event that the Goods are faulty.
Delivery and pick up
Goods are delivered within 30 days from the day you place an order to purchase the Goods.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing "Unchecked", "Not Checked" or similar is not acceptable.
Goods are sent by courier and sometimes post. We will send you a message by email to tell you when we have despatched your order.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
We are happy for you to pick up Goods from our shop provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
If you pick up Goods from our premises then:
we will not be able to assist you in loading heavy items;
Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
Foreign taxes and duties
If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Liability for subsequent defects
We will repair or replace Goods which fail to comply with the provisions of the Supply of Goods and Services Act 1980 or which show a defect. If you claim that the item is defective, the following conditions apply:
the defect must be reported to us within four weeks of becoming apparent;
the defect results only from faulty design or manufacture;
you have returned the defective Goods or parts to us if we have so requested.
If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
These provisions apply in the event that you return any Goods to usfor any reason except as a result of your cancellation under theRegulations:
We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
So far as possible, Goods should be returned:
with both Goods and all packaging as far as possible in their original condition;
including our delivery slip
at your risk and cost.
Detailed instructions for returning faulty Goods are on Our Website in Returns. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
If delivery was made to Irish address, you are also protected by the Supply of Goods and Services Act 1980.
If we agree that the Goods are faulty, we will:
refund the cost of return carriage;
repair or replace the Goods as we choose.
Waste Electrical and Electronic Equipment Regulations 2011
These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge.
Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All the conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the quality of the Goods;
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
the correspondence of the Goods with any description;
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website;
non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use OurWebsite to Post Content which is or may:
be malicious or defamatory;
consist in commercial audio, video or music files;
be illegal, obscene, offensive, threatening or violent;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any goods or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph;
send age-inappropriate communications or Content to anyone under the age of 18.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other personto:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expensearising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Goods;
a breach of the intellectual property rights of any person.
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
In this paragraph the term “ADR Provider” means an approved bodyunder the European Union (Online Dispute Resolution for ConsumerDisputes) Regulations 2015
The following terms apply in the event of a dispute between theparties:
If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com
If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr/
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.