Terms and Conditions
This page states the terms and
conditions under which you may use our Site. The Site is owned and operated by P.
Boland Ltd. P. Boland Ltd. is registered in Ireland. The registered head
office address is P. Boland Ltd. Arklow,Co.Wicklow. Y14 D450. P.
Boland Ltd. registered VAT Number is:IE8W15027M.
Your use of this Site constitutes acceptance of
these terms and conditions. If you do not accept the terms and conditions, then
you may not use the Site. In these conditions the Seller is P. Boland Ltd. and
the Buyer is the purchaser of the goods (the Website User). These terms and
conditions apply to the use of this website whether as a registered user, trade
customer or guest. By using this website, you agree to be bound by the terms as
set out below. Should you disagree with any of these terms, you should refrain
from using this website.
P. Boland Ltd. may revise these terms
and conditions at any time by updating this posting. Any changes in these terms
and conditions will be effective immediately when they are posted on the Site.
We reserve the right at our discretion to change modify, and/or remove portions
of these terms and conditions at any time. You should re-visit this page
regularly to review the terms and conditions, because they are binding on you.
By accessing or using this site you acknowledge that P. Boland Ltd. has no
obligation to notify you of changes to the material on the site.
The contents of the site such as
text, graphics, images, photographs, code and different material
("Material"), are protected by copyright, trademark and different
laws in both Ireland and overseas. you may not reproduce, display, publicly
perform, distribute, sell or modify the material or otherwise use the material
in any method for any public or commercial purpose or otherwise in breach of
these terms and conditions. above all, the utilization of the material on any
other web site or in a networked computer environment for any purpose is
prohibited. All logos, service marks, and trade names are the property of P.
Boland Ltd..
When you purchase online, under the
European Union (Consumer Information, Cancellation and Other Rights)
Regulations 2013 (S.I. 484/2013) you have a right to cancel your order within
14 days from the delivery date of the goods without giving a reason and
you have a further 14 day time limit to send back goods from when you
communicate the decision to withdraw. To return a Product please contact
customerservice@toplinebolands.ie
If
the order has been dispatched, you can return the product to us and we can
organise a refund (excluding delivery costs). If a Product is damaged or faulty,
please contact us within 24 hours and we can organise a replacement or refund. P.
Boland Ltd. will cover the cost of any
goods returned due to damage of faulty.
This website contains links to other
websites. linked sites are not under the control of P. Boland Ltd. P. Boland
Ltd. is not liable for the contents of those linked sites. without limitation, P.
Boland Ltd. doesn't warrant or represent that material on linked sites, does
not infringe any intellectual property rights of any individual or that the
linked sites are free from computer viruses or other defects. Links to
other websites should not be construed as any endorsement, approval or
recommendation by P. Boland Ltd of the owners or operators of those websites,
or of any products merchandise or services mentioned in those websites. P.
Boland Ltd. makes no warranties and takes no responsibility, concerning the
accuracy, merchantability, fitness for purpose, or any other aspect of any
material on any linked sites.
P. Boland Ltd. does not, and must not be taken to, authorize any infringement
of any intellectual property rights contained in material on other websites, by
providing links to those websites.
You are entirely responsible for any
and all activities that occur under your Account which is provided to you by P.
Boland Ltd. You agree to notify us immediately of any unauthorized use or any
other breach of security. P. Boland Ltd. use Stripe Payments &
PayPal to provide a secure, robust and reliable payment processing
service. Their systems and security controls are based on current industry
standards and include several layers of technology to ensure the
confidentiality, authentication and integrity of information. All
information when in transit via the internet is encrypted (128bit SSL) to
ensure confidentiality of sensitive data. All connections to the financial
institutions are over private dedicated leased circuits, backed up with ISDN
lines and in certain cases VPN connections over the internet. The network
is designed to be highly resilient with duplicate and triplicate systems in
place depending on the critical nature of each component.
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
THE CONTRACT
These are the terms and conditions on which we supply Goods and Services to
you. Please read these terms and conditions carefully before you submit your
order to us.
1.
These conditions
shall be incorporated into each and every Contract made between the Company (P.
Boland Ltd. and the Buyer and shall apply to the exclusion of any terms or
conditions put forward by or on behalf of the Buyer; and shall not create
any agency or partnership between P. Boland Ltd. and the Buyer or any
third party.
2.
No variation or
waiver of or addition to these conditions, whether written or oral, shall have
effect unless and until authorised in writing by a manager of the Company. No
employee of the Company, except a manager, has authority to vary or add to or
depart from these terms and conditions or make any representation about the
goods or the Contracts made hereunder.
3.
Quotations and
estimates, whether written or oral, submitted by the Company shall be deemed to
be an invitation to treat and not an offer. Quotations and estimates are valid
for a period of 30 days, unless otherwise agreed. Please note supplier
costs may change within this period and therefore will affect the quotation
price given. If the cost of a product changes within the 30 day quotation
period, we will contact you with an updated quotation.
4.
Any order submitted
by the Buyer to the Company in respect of a quotation or estimate must state
the date, the reference of that quotation and address for delivery.
5.
All orders that you
place on the Company’s website will be subject to acceptance in accordance with
condition of these terms and conditions.
6.
Our acceptance of
your online order will take place when we email you to accept it, our
acceptance of all other orders will occur at the time you receive your item, at
which point a Contract will come into existence between us. We will assign you
an order number to your order and notify you of same when we accept your order.
Please quote this order number in all contact with us. You will be contacted
when your order is ready for delivery or collection, depending on what delivery
service you have chosen.
7.
Our website is
solely for the promotion of our products and is an invitation and not an offer
to sell those products to you.
8.
All online orders
must be paid in full before an order can be processed. P. Boland Ltd have a
legal obligation to supply goods that are in conformity with the contract
as required under Regulation 10(1)(a) and specified in Schedule 2(p) of S.I.
484/2013.
GOODS
1.
The images of Goods
on our website or Goods displayed on the Company’s branch locations are for
illustrative purposes only. Although we have made every effort to display the
item accurately, we cannot guarantee that the images used on our website or
Goods displayed on the Company’s branch locations accurately reflect the actual
Goods themselves. The Goods may vary slightly from these images and displays.
2.
The packaging of
the Goods may vary from that shown in the images on our website or Goods
displayed on the Company’s branch locations.
3.
Any time or date
quoted by the Company for delivery or collection of all or any of the Goods or
performance of any Services is an estimate only, and the Company shall not be
liable for any failure to meet any such estimate nor for any loss, whether
financial or otherwise resulting directly or indirectly therefrom. Time is not
and shall not be of the essence in relation to this Contract or the performance
by the Company of its obligations under the Contract.
COLLECTION AND DELIVERY
1.
If you place a Click & Collect order, you must
collect the Goods from the Company’s nominated branch locations during the
Operating Hours,
2.
We will hold your
uncollected Goods for 72 hours. After this date we cannot guarantee that the stock
on your order will be available at your chosen location.
3.
Orders require a
signature to acknowledge from you on delivery or collection. The signature of
the person accepting the Goods will be proof that delivery or collection of the
Goods has been received by you or the person in perfect condition, to whom the
order is addressed. A signature may not always be required when goods are
delivered depending on the courier.
4.
Large Goods
will be delivered to the curb side of the nominated address. The manner of
delivery shall be such as the Company in its sole discretion shall deem
appropriate. Delivery of Goods is made between Monday to Friday during normal
working hours.
5.
It is the Buyer’s
responsibility to ensure the delivery address is ready and able to accept
delivery of the Goods, in particular that there is space for any delivery
vehicle to make the delivery.
6.
If the Company is
unable to effect delivery on arrival at the Buyer’s premises for any reason
whatsoever, an additional charge for any return or subsequent visit may be made
at the Company’s sole discretion.
7.
If the delivery of
the Goods is delayed by an event outside the Company’s reasonable control then
the Company will contact the Buyer as soon as possible to inform the Buyer and
the Company will take reasonable steps to minimise the effect of the delay. The
Company will not be liable for delays or liquidated damages, including without
limitation delay or failure caused by adverse weather, strikes, traffic or
transport problems.
LOSS OR DAMAGE IN TRANSIT
1.
The Buyer is under a duty wherever
possible to examine the Goods on delivery or on collection (as the case may
be).
2.
Where the Goods cannot be examined
the carrier’s note or such other note (as the case maybe) shall be marked by
the Buyer at the time of delivery "not examined".
3.
To the extent permitted by law, the
Company shall be under no liability whatsoever for any defects or shortages as
aforesaid unless notified in writing of the details within 48 hours following
despatch or collection of the Goods.
4.
In all cases where defects or
shortages are complained of, the Company shall be under no liability to the
Buyer in respect thereof unless a reasonable opportunity to inspect the Goods
is provided to the Company by giving at least 48 hours’ notice in writing
before any use is made thereof or any alteration or modification is made
thereto by the Buyer.
5.
The Company shall make good any
defects or shortages caused by the Company’s direct negligence or breach of
contract in accordance with the terms of this condition Contract but otherwise
shall be under no liability whatsoever, whensoever or howsoever arising,
whether by way of negligence or otherwise, for such defects or shortages.
CANCELLATION BY THE BUYER
1.
No cancellation of the whole or any
part of any order, whether it is an order by instalment or otherwise, by the
Buyer is permitted except where agreed in writing in advance by a manager of
the Company, or contacting
customerservice@toplinebolands.ie
.
or calling us on 0402-32201
2.
The Company will not offer or accept
any cancellation or refund in respect of Goods made to your specification or
design, certain items are non-refundable. For a full list of non-refundable
products, please contact
customerservice@toplinebolands.ie
3.
If the Buyer is a consumer, as
defined in the S.I. No. 484/2013 - European Union (Consumer Information,
Cancellation and Other Rights) Regulations 2013, then for Goods purchased
online you may have a legal right to change your mind within 14 calendar
days and receive a refund.
4.
At the Buyer’s cost, Goods, once
delivered, may not be returned unless authorisation has been given as specified
in conditions and provided that the following conditions are satisfied:
• Goods will only be accepted
if they are in brand new and unused condition and free from any defects.
• Packaged items will only be
accepted if the package remains unbroken and in reasonable condition. Subject
to the individual product.
• Goods will only be accepted
if returned within 21 calendar days of collection or delivery.
• Where Goods are returned by
agreement, a restocking charge may be charged at the Company’s discretion.
• In every case the
invoice number and date together with reason for return must be stated; and
goods must be returned to the company’s nominated branch during
operating hours.
PRICE
1.
Any price quoted by the Company is a
provisional price only and is based upon current price ruling as at the date
appearing on the quotation, but the actual price to be charged to the Buyer
under the Contract shall be based upon such ruling price (less any discount
allowed by the Company) current as at the date of invoice and shall include the
cost to the Company of any carriage, insurance and/or shortage effected by it
in connection with the Buyer’s order. In accordance with these terms and
conditions, the Company shall be entitled at any time up to the date of the
invoice to vary the price quoted to the Buyer.
2.
For our trade customers,
unless otherwise expressly stated in writing, all prices are exclusive of VAT,
and therefore subject to the addition of VAT and any other applicable taxes and
levies. This shall not apply to consumers and for consumers all prices shall be
shown inclusive of VAT.
3.
The prices and
availability of the goods and promotions on this website are subject to change
at any time for any reason by the Seller.
4.
Once an order has been accepted, the
Buyer shall not be entitled to withhold or delay payment of any portion of the
price agreed. Title to all goods is reserved until payment is reserved in full.
5.
Should a pricing
error or omission occur on the website, we will contact you to inform you of
the error and will be unable to fulfill the order at the misquoted price. In
this event you will be offered the option of a refund before the items are
shipped. You can also choose to proceed with the order at the corrected price.
6.
This website is for
use by people aged 18 or older. If you are under the age of 18, you should
refrain from using this website.
DATE FOR PAYMENT
1.
For online orders, we may take
payment from your card when we process your order made on the Company’s
website.
2.
Subject to Conditions, the Buyer
shall make payment for all other Contracts in full within thirty days from the
end of the month in which the invoice is dated, or as otherwise agreed with the
Company as per the terms of Conditions.
3.
Any delay or default by the Buyer in
making payment in accordance with conditions shall render all sums owing
to the Company on any account whatsoever including the costs of recovery of
such sums, due and payable forthwith without requirement for any notice to be
given to the Buyer, and interest will be charged in accordance with
conditions with immediate effect until the date of actual payment.
4.
The Buyer shall not be entitled to
withhold payment of any amount payable to the Company by reason of any dispute
or claim by the Buyer (whether or not the Goods or Services are to be provided
by instalments and in such case each instalment is deemed to constitute a
separate and distinct Contract). In the case of any short delivery or delivery
of damaged Goods to the Buyer, the Buyer shall remain liable to pay the full
invoiced price of all other Goods delivered.
TERMINATION AND SUSPENSION
Without prejudice to any rights and remedies available to it, whether under the
Contract or otherwise, the Company shall be entitled in its absolute discretion
and upon giving to the Buyer written notice of its intention to do so, either
to terminate wholly or in part the Contract and/or any other contract with the
Buyer or to withhold, vary or suspend performance of all or any of its
obligations under the Contract or any other Contract in any one or more of the
following events:
1.
If any sum owing to the Company from
the Buyer on any account whatsoever shall be unpaid after the due date for
payment, in accordance with conditions
2.
If the Buyer shall refuse to take
delivery or collect any of the Goods in accordance with the terms of the
Contract.
3.
If the Buyer shall commit any breach
of any Contract with the Company.
4.
If the Company in good faith shall
have doubts as to the solvency of the Buyer.
5.
Where it is necessary to make
alternative arrangements to deal with supply shortages the Buyer’s obligation
to purchase Goods hereunder shall remain binding to the extent that the Company
meets the Buyer’s order.
6.
If the Buyer shall exceed the credit
limit agreed between it and the Company from time to time on any account. The
Company shall be entitled to require as a condition of resuming performance,
under the Contract in such circumstances, the payment of such proportion of the
sums or sum outstanding on any such account by the Buyer or such further sums
as the Company sees fit in its absolute discretion to bring the Buyer back
within its agreed credit limit.
7.
If the Buyer refuses to permit or
hinders performance of Services. The Company shall be entitled to exercise its
rights of termination or suspension hereunder at any time during which the
event giving rise thereto shall not have ceased or been remedied, and in the
circumstances of any such suspension, the Company shall be entitled to require
as a condition of resuming performance under the Contract, pre-payment of or
such security and it May stipulate for the payment of any sum or sums due or to
become due to it. Upon any such event happening the Company shall also have a
general lien over all monies and property of the Buyer in its possession for
any sums due to the Company.
CREDIT AGREEMENT
1.
The Company may, in its sole
discretion and following application by the Buyer, grant the Buyer a credit
facility in respect of payment for Goods and/or Services purchased from such
company.
2.
The credit agreement may
comprise an extended payment date, a credit limit or both on such terms as the
Facilitator may determine is necessary (“Credit Facility”).
3.
The payment date referred to in
conditions outlined in the credit agreement form will be deemed amended by
any extended payment date agreed under a Credit agreement.
4.
Where the Buyer has a Credit
agreement with P. Boland Ltd, payments made by the Buyer to P. Boland Ltd will,
without prejudice to condition, be applied in settlement of invoices according
to their issue date, from the longest outstanding to the most recent issued.
5.
Where the Buyer reaches the available
credit limit, no further Goods and/or Services may be purchased and charged to
the Credit Facility unless and until P. Boland Ltd. agrees otherwise.
6.
If the Buyer defaults in payment in
accordance with the terms of such Credit agreement, P. Boland Ltd will be
entitled to enforce payment for the Goods and/or Services in accordance with
these Conditions of Business as if the thirty day period referred to in
conditions of the credit agreement had expired on the date of such
default.
QUOTATIONS
1.
All quotations are subject to these
terms and conditions. Any additional or different terms proposed by the Buyer
shall not affect these Terms and Conditions.
2.
Upon conversion of a quotation to an
order, the order needs to be accepted by the Seller before it becomes binding
on the Seller.
3.
All prices quoted
are exclusive of VAT and are subject to change until the Seller agrees and the
order is placed.
4.
All prices quoted
are valid for up to 30 days from the quotation date. This quote is valid
providing there is no price changes by the supplier of the goods included in
the quotation. When ordering after this time, the items will need to be
re-quoted and accepted by the Buyer to place the order.