- TERMS & CONDITIONS
- What they cover
This document sets out Murphy of Ireland, Website On-Line Sales Terms and Conditions.
We may change these on-line sales terms and conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
- Exclusion of your terms of purchase
These on-line sales terms and conditions apply to the exclusion of your terms and conditions of purchase.
- What they cover
In these on-line sales terms and conditions: the contract is the contract which incorporates these on-line sales terms and conditions; the contract documents are these on-line sales terms and conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping cart and the checkout and other ordering pages generated by our web site and sent to your browser specific to your orders; you and your means the person purchasing the goods from us; we, us and our mean Murphy of Ireland; the web site means our web site, murphyofireland.com through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays.
- CONTRACT DETAILS
- Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
- Acceptance of your order
Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we dispatch the goods or the first installment of the goods to you.
- Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not accept any order until we have received pre-payment in full of the price, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.
- Your order
- SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
The goods will be the description of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer’s specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour, size or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
- PAYMENT TERMS
- Payment with Order
Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
- Payment Methods
We accept payment by PayPal Account, Credit and Debit cards via PayPal, and such other cards as may be stated on our web site from time to time. Payment is deducted when we accept your order.
- Payment with Order
- Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will to the address at which your payment card or PayPal account is registered, or to any other address you have provided.
- Change of Delivery Address
The delivery address cannot be changed after the date of shipping your order.
- Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.00 noon, please calculate your delivery time as if your order had been placed the following working day.
- Delivery Timescales
We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
- Partial Deliveries
We may make partial delivery of the goods if necessitated for any reason.
- Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, we will contact you to make other suitable arrangements.
- Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 10 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
- Delivery Address
- RETENTION OF TITLE
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid the full the price and all other amounts payable under the contract. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.
- CANCELLATION RIGHT
- Your right to cancel
To enable you to have a reasonable opportunity to try out the goods, we give you the right to cancel the contract in accordance with the following terms. You can do this by giving us notice before you receive the goods, or by giving notice no later than 30 days after the day you received the goods. We reserve the right to refuse a cancellation in our sole discretion if we believe in our reasonable opinion that this right is being abused (such as you are not genuinely using it just to evaluate the goods).
- When can I NOT cancel?
You are allowed to open the goods and try them out before cancelling, but you will not be able to cancel if:
- the goods were made to your specifications or are personalized for you
- the goods are damaged or marked in any way or have unreasonable wear or are otherwise not in a condition consistent with your having taken reasonable care of them
- you are not able to return the goods with all packaging, contents, labels, and other items supplied with or as part of the goods, including any free gifts and/or special offers
- you sell, transfer, hire or lend the goods or give ownership of the goods to any other person
- How do I cancel?
If you wish to exercise your right to cancel then you can do this by one of the following methods:
- e-mailing us at firstname.lastname@example.org, quoting your order reference number
- telephoning us on the number shown on our contact page, with your order reference number to hand
- writing to us at Murphy of Ireland, using either of the addresses on our contact page, quoting your order reference number
- What must I do with the goods if I cancel?
If you decide to cancel you must stop using the goods immediately and you must immediately return the goods to us at the address we specify. Until you return the goods to us you must protect the goods and take reasonable care of them, and if you send the goods back to us you must ensure that they are received by us and are not damaged in transit, otherwise your right of cancellation will cease.
- When do I receive my refund?
If you decide to cancel, we will refund you within 30 days of the date that you cancel, or if later, within 30 days of return of the goods to us.
- Your right to cancel
- Our Warranty
We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our discretion):
- we will endeavor to repair the goods, or
- we will replace the goods with goods which do conform to the contract, or
- we will take the goods back and refund you all amounts paid by you under the contract. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may take the goods back and refund you all amounts paid by you under the contract.
- Our Warranty
- FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfill.
- OUR RIGHT TO CANCEL OR VARY
Murphy of Ireland reserves the right to cancel or vary on-line orders if: we are not able to supply any of the goods for genuine reasons beyond our control, e.g., because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted, Murphy of Ireland shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
- Law and Jurisdiction
The contract shall be governed by the laws of Ireland and the Irish courts shall have exclusive jurisdiction.