Terms and Conditions Of Website Use
* The content of the pages of this website is for your general information and use only. It is subject to change without notice.
* Your use of any information or materials on this website is entirely at your own risk, for which Handleit shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
* This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
* All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
* Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
* From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). Handleit have no responsibility for the content of the linked website(s).
* Your use of this website and any dispute arising out of such use of the website is subject to Irish laws.
WEBSITE TERMS AND CONDITIONS
WEBSITE USE AND ACCESS
a) Handleit do not guarantee that the Website will operate continuously or without interruptions or be errorfree. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internetconnected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denialofservice attack, a distributed denial of service attack or otherwise.
b) You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that Handleit cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including antivirus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
d) Handleit reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that Handleit will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.
e) You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or antisocial purpose, or in a manner which is or may be damaging to our name or reputation.
f) You must not use this Website in any way that interferes with our systems, other users in particular this website must not be used by you in any way that harasses, menaces or harms anyone.
g) You must not use this Website to make any speculative, false or fraudulent orders.
a) This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material). All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us.
e) You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.
a) This Website is updated regularly, and content may change without notice. Handleit are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. Handleit make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, Handleit accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.
b) Without limiting paragraph above this Website may from time to time contain guides and instruction that are provided for general information and background purposes only. The guides should not be relied upon as professional advice or as the sole source of information.
TERMS & CONDITIONS OF SALE THESE TERMS SET OUT THE BASIS ON WHICH HANDLEIT MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY. HANDLEIT DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS AND THE LIMITS OF OUR LIABILITY AS DETAILED HERE IN
Words used in these Terms: In these Terms, when Handleit say:
a) you or your, Handleit mean you, the customer ordering and purchasing Products;
b) we, us or our, we mean O’Brien Handle it limited & handleit.ie from whom you purchase Product(s),
c) “Delivery Terms”, Handleit mean the terms that apply to our Product delivery services, full details of which can be found below.
d) “Order” Handleit mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as Handleit may permit from time to time;
e) “Our agreement” Handleit mean our agreement as defined in clause 2;
g) “Product or Products”Handleit mean the goods and products that Handleit sell;
h) “Terms”Handleit mean these terms and conditions of sale; and
i) “Website”Handleit mean the website www.handleit.ie that is operated by us or on our behalf.
These Terms set out the basis on which Handleit may sell Products to you. Please read these Terms carefully.
By submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
a) Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote Handleit may give or any promotional or special offers (together our agreement).
ORDER PROCESS & BINDING CONTRACT
a) You will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the check out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
b) Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement and subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where Handleit have otherwise stated that Handleit will), Handleit will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
c) Unless Handleit have notified you that Handleit do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, Handleit accept your order (or offer to make a purchase) as follows: i) Where you place an order via the Website, Handleit accept your order when the Products are dispatched to you. ii) When you place an order by telephone, Handleit accept your order when Handleit confirm that the order has been placed and processed.
d) Handleit may choose not to accept your order (or offer to make a purchase) for any reason and Handleit will not be liable to you or to anyone else in those circumstances. If Handleit do not accept your order (whether in whole or in part) Handleit will refund any monies paid in connection with that order (or that part of the order that Handleit do not accept). e) If Handleit accept your order, Handleit have a legal duty to supply our Products in conformity with our agreement.
BUYING FROM US
a) You must be 18 or over to purchase Products from us via our Website. Certain Products can only be purchased if you satisfy the legal age requirement for that Product which can be found in the relevant Product description. Handleit are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage please do not attempt to order or purchase these Products. By ordering and/or purchasing Products you agree that you satisfy the legal age requirements for those Products. Handleit reserve the right not to supply any age restricted Products where Handleit reasonably believe that you are below the relevant legal age for those Products.
b) Handleit will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, Handleit do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
c) Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, Handleit recommend that you contact us prior to placing an order and/or purchase a sample in advance.
PRICE, DELIVERY CHARGES AND AVAILABILITY
a) Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT)
b) Prices for Products exclude delivery charges unless expressly stated otherwise. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.
c) Handleit may update prices at any time. Despite our best efforts, a small number of the products Handleit sell may occasionally be mispriced. If this happens then Handleit will not be obliged to supply the Products at the incorrect price or at all. Handleit will (at our discretion) either cancel your order and refund the price you have paid or endeavor to contact you and ask you whether you wish to continue with the order at the correct price. If Handleit are unable to contact you or you do not wish to continue with the order at the correct price, Handleit will cancel your order and refund the price you have paid.
d) From time to time Handleit may apply promotional prices to Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). Handleit may update promotions at any time.
e) Where Handleit provide a quote to you it will be subject to the terms and conditions applicable to that quote.
f) All Products are subject to availability. If you order Products which are not available from stock, Handleit will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or Handleit are unable to contact you), Handleit will cancel your order for those Products and refund the price you have paid for those Products.
a) The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.
b) Handleit must receive payment in advance before your order and/or purchase can be processed, unless Handleit have agreed otherwise in advance in writing.
c) Payment can be made by most major credit or debit cards / paypal in accordance with the payment methods section of our Website.
d) If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, Handleit will not accept your order and Handleit will not be liable for any delay or nondelivery and Handleit are not obliged to inform you of the reason for the refusal.
e) Handleit are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
f) The Credit Card Processing function on this website is provided by https://stripe.com/ie and Handleit will not be liable for any action or omission committed by them which results in loss to you.
RECEIVING YOUR PRODUCTS
a) If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless Handleit specifically agree otherwise, Handleit only deliver to the areas indicated in our Delivery Terms.
b) You can see a full set of our Delivery Terms on the Website.
c) Subject to availability and our Delivery Terms, where Handleit have agreed to deliver the Products, Handleit will use reasonable endeavors to do so on any specified date Handleit agree. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) Handleit may not be able to deliver the Products within these timescales and Handleit will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, Handleit and you will agree an alternative delivery date.
d) You must also do all that you reasonably can to enable the delivery to take place on the given date. If Handleit are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), Handleit may need to arrange an alternative delivery date and Handleit reserve the right to charge you a further fee for this.
e) For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location.
f) Unless Handleit have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when Handleit deliver the Products to the address you specified in your order.
g) If you do not receive your Products on the stated delivery date, you must notify us immediately. Handleit recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.
h) Each Product remains our property until you have paid for it in full or Handleit have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you or collection of the Products by you (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and Handleit will not be responsible for any damage or fault arising from incorrect storage.
i) Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and 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. Handleit may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. 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.
RIGHT OF CANCELLATION UP TO 14 DAYS AND RETURNS
a) STATUTORY RIGHT Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party nominated by you (other than the carrier) receives the products purchased (or last good or item if it relates to products or multiple items delivered separately) or from the day of the conclusion of the contract.
b) NOTIFICATION You must inform us of your decision to cancel your order at any time within this period of 14 days.
c) REIMBURSEMENT Handleit will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise. If you paid for your order using a credit/debit card, Handleit will refund you on the credit/debit card used to pay for the order. If you paid via paypal Handleit will issue a refund to your payable account. You will not incur any fees as a result of such reimbursement. Handleit may withhold reimbursement until Handleit have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
d) FOLLOWING CANCELATION, Handleit will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, Handleit will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, Handleit may recalculate any applicable delivery charge and deduct this from the refund. Handleit will pay the refund within 14 days after the day:
i) you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you);
ii) Handleit receive the Products you returned to us, where you are in receipt of the Products; or
iii) you provide us with a proof of return for the Products, where you have returned the Products but Handleit have not yet received them
e) COST OF RETURN You will be liable for the direct cost of returning these products. You may be liable if the value of the products returned diminishes due to the handling of the products (except when it was necessary to establish the nature, characteristics and functioning of the products).
f) RETURN You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless Handleit expressly agree in writing otherwise.
g) DAMAGED RETURNS Handleit reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be considered appropriate.
h) EXCEPTIONS TO THE RIGHT OF CANCELLATION The right of cancellation does not apply to: the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparately mixed with other items; Products which are cut, made to measure, bespoke or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered the supply of products which may deteriorate or expire rapidly;
FAULTY OR DEFECTIVE PRODUCTS.
a) INSPECTION On receipt of the Product(s) you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if Handleit have not been given an opportunity to put matters right.
b) COST OF RETURNS Unless the Product(s) is /are faulty or not as described or purchased and delivered simultaneously while Handleit are in your property, you will be responsible for the cost of returning the Product(s).
c) REPLACEMENT In addition to the right to cancel an order as described at 7) above, if there is a problem with your order or the Product(s) you purchase is(are) faulty, Handleit may make good any shortage or nondelivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Should this situation arise you can email us at email@example.com
a) Handleit accept no liability for any:
i) 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 at the time you and Handleit entered into our agreement);
ii) loss which arises when Handleit are not at fault or in breach of our agreement; and
iii) business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
b) You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consume.