Welcome to the A.Hartmann & Son LTD website Terms and Conditions for use. These Terms and Conditions apply to the use of this website at www.hartmanns.ie. By accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.hartmanns.ie website is operated by:
A.Hartmann & Son Ltd, a
company registered in Ireland, whose registered office is at 27-29 WILLIAM STEET, GALWAY, IRELAND. Our company
registration number is: 59625
Our VAT Number is: 4508734N.
Our contact details are as follows:
Trading address: 27-29 WILLIAM STEET, GALWAY, IRELAND
General email: info@hartmanns.ie
Telephone number: +353 (0)91 562063
Fax number
+353 (0)91 562010
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of
this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from time to time to review the then current terms and
conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by
expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout
process you will be given the opportunity to check your order and to correct any errors. We will send you an order
acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we
despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase
contract will be made even if your payment has been processed immediately, unless we have notified you that we do
not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where
goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been
a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms
and conditions.
3.1 Our prices include VAT.
3.2 Where we charge separately for packing, carriage and insurance and other
relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this
Website.
3.3 Our prices are reviewed periodically and the next review will be on 01/04/2009.
4.1 If you wish to cancel your order:
(a) you can notify us by email
to info@hartmanns.ie before we have dispatched the goods to you; or
(b) where goods
have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can
return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or
exchange. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give
you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to
us as referred to in clause 4.3 will not apply in the following circumstances: –
The provisions of this clause 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following
basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on
this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices
and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website (including without limitation photographs and graphical
images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from
this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the
terms in these terms and conditions, your permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of
this Website may be reproduced or stored in any other website or included in any public or private electronic
retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these
terms are reserved.
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for
any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be
suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond
our control.
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this
Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such
material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein for any and all commercial or
non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any
material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of
confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not
obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the
rights of any third party, in Ireland or any other country in the world; or
(d) which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without
limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2
or 7.3.
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links,
you leave this Website. We have not reviewed all of these third party websites and do not control and are not
responsible for these websites or their content or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results that may be obtained from using them. If you
decide to access any of the third party websites linked to this Website, you do so entirely at your own
risk.
8.2 You may not create any links to this Website.
8.3 You shall fully indemnify us for any loss or
damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with www.hartmanns.ie you must be over eighteen years of age.
9.2 Each
registration is for a single user only. We do not permit you to share your user name and password with any other
person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your password, you should contact us
immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you
breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and
completeness of the material on this Website. We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice. The material on this Website may be out of date,
and we make no commitment to update such material.
10.2 The material on this Website is provided “as is”
without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law,
we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this
Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website),
and any of our group companies and the officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to
business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with the use, inability to use or the results of use of
this Website, any websites linked to this Website or the material on such websites, including but not limited to
loss or damage due to viruses that may infect your computer equipment, software, data or other property on account
of your access to, use of, or browsing this Website or your downloading of any material from this Website or any
websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot
be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need
for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You
agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from
and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any
breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your
registration details.
12.1 These terms and conditions shall be governed by and construed in accordance with Irish law. Disputes arising in
connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish
courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for
use outside the Ireland. It is prohibited to access the Website from territories where its contents are illegal or
unlawful. If you access this Website from locations outside the Ireland, you do so at your own risk and you are
responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and
conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction
to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall
continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.