Terms & Conditions of Supply
Terms & Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.enodare.ie (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
If required, and notwithstanding the foregoing, please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you may be unable to order any Products from our site.
In these terms, and reference(s) to the words “we”, “our” or “us” shall be deemed, where appropriate, to include references to Enodare Limited, it’s members, officers, employees, servants, agents and any other person involved with the provision and maintenance of our site or the services thereon.
Information about us
www.enodare.ie is a site operated by Enodare Limited (“we”). We are registered in Ireland under company number 362015 and have our registered office at 15 Willow Drive, Athlone, Co. Westmeath, Ireland.
Our site is only intended for use by people resident in Ireland. We do not accept orders from individuals outside this country.
By placing an order through our site, you warrant that:
- – You are legally capable of entering into binding contracts; and
- – You are at least 18 years old.
How the contract is formed between you and us
The contract between us for the supply of goods (“Contract”) will be formed in one of two ways.
In the case of electronic Products which are downloadable from our site, you will receive an e-mail from us after you have successfully placed your order setting out details of how and where you can download your Product (“Electronic Product Download Instruction”). The Contract between us will only be formed when we send you the Electronic Product Download Instruction.
In the case of physical Products, you will receive an e-mail from us after you have placed your order acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All such orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
In the case of electronic products and physical products, the Contract will relate only to those Products whose download instructions we have provided in the Electronic Product Download Instruction or whose dispatch we have confirmed in the Dispatch Confirmation, as the case may be.
In the case of physical Products, we will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Please note that in some cases, we may accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
If you are contracting as a consumer, you may cancel a Contract for the purchase of a physical Product at any time prior to the dispatch of that Product to you. In this case, you will receive a refund in accordance with our refunds policy.
You will not have any right to cancel a Contract for the supply of any Product which is made available to you for download or which is sold at a discount to its regular sale or recommended sale price.
To cancel a Contract, you must inform us in writing.
We may agree, at out discretion, to give refunds for Products which have already been delivered to you. If we so agree, you must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. If you fail to comply with this obligation, we will not refund your payment. Any such refund will be in accordance with our refund policy, which is outlined below.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa and American Express credit cards.
Our refunds policy
In the case of physical Products, if you cancel a Contract at any time prior to us instructing our agents to dispatch the Product to you, we will refund your payment in full.
Where a physical Product has been dispatched to you, you will ordinarily have no right to a refund. However, in certain circumstances, we may agree to such a refund or to a partial refund of the purchase price if we believe same is warranted. For further information, contact our customer care team.
Refunds for physical products are conditional on the return of the product to us in a manner which is fit for re-sale.
When you return a physical Product to us, we will examine the returned Product and will notify you of any entitlement you may have to a refund or partial refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Product.
You must ensure that any information supplied to our site is accurate. Where you have supplied incorrect or false information we will not accept responsibility for same or offer a refund on foot thereof.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Due to the instantaneous means of providing downloadable Products, you will have no right to cancel a Contract for the purchase of such Products where you purchase same online using a debit or credit card. Your payment in respect of any such Products will therefore be non-refundable. However, where you purchase your downloadable Products using our manual order processing option you will have a right to cancel the Contract up until the time the Product has been dispatched to you.
Documents prepared using our site or any Product sold on our site (“Documents”) need to be tailored to suit your individual circumstances. These Documents should only be used in conjunction with proper legal advice as to their application and adaptation for your particular requirements. The sole basis on which these Documents are sold or made available to you is that you will only use them in conjunction with proper legal advice as to their suitability for use by you. The Documents are not made available to you on any other basis.
We shall not have any liability to you for the use of the Documents or any loss arising from that use. You must obtain appropriate legal advice as to the Document’s suitability for your particular requirements and the legality of those Documents. Whatever advice you receive is the responsibility of the lawyer or any other person advising you and we cannot in any way be responsible for it.
We do not accept any liability for any loss or damage of whatsoever nature including but not limited to financial loss, goodwill or any type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of the use of or reliance on the Documents produced by our site, or the Documents in any of our publications or in relation to any information on our site, publications or Products.
We take no responsibility for the proper execution of your Documents and make no representation or warranty or undertaking of any kind in relation to the validity, completeness, accuracy, fitness for use or otherwise of any Documents. We shall not be responsible to your beneficiaries or heirs or any other person for the validity, completeness, accuracy, fitness for use or otherwise of any Documents. We disclaim liability in respect of the foregoing to the fullest extent permitted by law.
We shall not take any responsibility for the execution of your Document or the safe and proper storage of such Documents.
Our liability for losses you suffer as a result of (i) us breaking this agreement including deliberate breaches or (ii) use of any Documents is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
- – For death or personal injury caused by our negligence;
- – For fraud or fraudulent misrepresentation; or
- – For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, even if such losses result from a deliberate breach of these Terms and conditions by us that would entitle you to terminate the Contract or the use of or reliance on defective Documents or information, including but not limited to:
- – Loss of income or revenue;
- – Loss of business;
- – Loss of profits or contracts;
- – Loss of anticipated savings;
- – Loss of data;
- – Direct or indirect loss to property;
- – Direct or indirect financial loss; or
- – Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
If you order Products from our site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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.
All notices given by you to us must be given to Enodare Limited at 15 Willow Drive, Athlone, Co. Westmeath, Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- – Strikes, lock-outs or other industrial action.
- – Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- – Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- – Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- – Impossibility of the use of public or private telecommunications networks.
- – The acts, decrees, legislation, regulations or restrictions of any government.
- – Power failure.
- – Failure of telecommunication lines connections or equipment.
- – Failure or defects in any hardware or software owned or supplied by third parties.
- – Server faults.
- – Merchant banking faults.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the requirements of these terms and conditions.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.
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