Sales and Online Sales – Terms & Conditions
Price variation: Estimates are based on JJ O’Toole Ltd’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Tax Prices: quoted are net of VAT. VAT will be charged at the current rate.
Preliminary work: All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Proofs :In the case of printed bags, alterations from the original copy on and after the first proof, including alterations in style, will be charged extra. No responsibility will be accepted for any errors in proofs which have been passed by the buyer.
Suitability of goods: For any specific purpose cannot be guaranteed by the sellers.
Printing: We shall endeavour to match a colour as close as possible but we cannot guarantee an exact match.
Material: Whilst every effort will be made to supply material in accordance with the quality of samples submitted or quoted for, the contract is not a contract of sale by sample.
Industry tolerance: Quotations are conditional upon a margin of 10% being allowed for overs or shortage, the exact quantity delivered will be the quantity invoiced. Thickness in materials and size given is calculated at +/- 10%.
Delivery:
- Delivery of work shall be accepted when lendered and thereupon, or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
- Unless otherwise specified, the price quoted is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
- Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
- Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days JJ O’Toole Ltd shall then be entitled to payment for work already carried out materials specially ordered and other additional costs including storage.
- Failure to deliver within the time stated, on the part of the seller shall not entitle the buyers to any claim upon the sellers by reason of such a failure. Delivery times are approximate and commence from confirmation of all order details.
- Please note that late payment may cause a delay in the delivery of your order.
Claim limitation: Any claim by the buyer that the goods are not in accordance with the specification is limited to the replacement by the sellers of the goods supplied.
Claim for damage or damage or non-delivery: Will not be entertained by the seller unless they are notified in writing within 14 days of the invoice date and are signed for as damaged on the delivery note.
Customer’s property:
- Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to JJ O’Toole Ltd by or on behalf of the customer shall while it is in the possession of JJ O’Toole Ltd or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly.
- JJ O’Toole Ltd shall be entitled to make a reasonable charge for the storage of any customer’s property left with JJ O’Toole Ltd before receipt of the order or after notification to the customer of completion of the work.
Force Majeure: This contract may be varied or cancelled by the Seller if it is affected by any Act of God, War, Strike, Lock out, Fire, Flood, Drought, Tempest or any other cause beyond control of the Seller whether similar to the foregoing or not, or if the Seller shall for any reason be unable to procure materials or articles required for the performance of the contract.
Cancellation or amendment to order: Any costs incurred will be invoiced.
Payment terms: Strictly net and payable from 30 days of the invoice date (the due date). We reserve the right to charge interest on any late payments. Please note that late payment may cause a delay in the delivery of your order.
Law: These conditions and all other expressed terms of the contract shall be governed and contracted in accordance with the laws of Ireland.
Internet Sales:
- Orders placed by 3.30pm will be dispatched for next day delivery*. *NEXT DAY delivery does not apply in the event of service interruptions or failures caused by events beyond JJ O’Toole’ Ltd’s control.
- You can return your purchase to us in its original condition within 14 days of the date you received the item, we will issue a full refund for the price you paid for the bags but not for the delivery.
- You can cancel or amend any stock bag order placed with us, provided that the order has not yet entered the dispatch process. Simply call us on 061 229333 .
Other Terms & Conditions
1.Introduction
The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website
2.Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to – 5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Ireland or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6.Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7.Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8.Disclaimerof Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Ireland). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.General
10.1 EntireAgreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
10.2Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
10.4 Waiver
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Ireland without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Ireland in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us. (insert hyperlink for form).
11. Import Regulations
J J O’Toole Ltd shall not be responsible for any countries import regulations or any charges payable on goods entering any country. These charges shall be payable by the recipient.
12. RETURNS
In accordance with The European Directive on Distance Selling (Directive 97/7/EC) unwanted or unsuitable products may be returned to JJ O’Toole Ltd Raheen Business Park, Raheen Limerick within 7 working days of receipt as long as the goods are returned in usable and re-sellable condition. Goods must be returned at your own expense.
If your item is damaged or faulty, please contact us within 7 days. If you wish to return your item, for whatever reason, please include all original packaging and labelling.
Copyright Notice
Copyright Notice Effective March 2010
Copyright © www.jjotoole.ie 2010
All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright www.jjotoole.ie.ie and its affiliates or content and technology providers.
In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner. For rights clearance please contact us (tots aboard link) here.
TradeMarks
TradeMarks are covered in the Terms and Conditions section.