Terms & Conditions of eCommerce / Website Usage
Welcome to our website. By using waterstore.ie and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order. If you disagree with any part of these terms and conditions, please do not use our website.
2. Terms of Sale
– The terms ‘Leo Forde Water Services Ltd’, ‘Waterstore, ‘us’, ‘our’ or ‘we’, refers to the owner of this website, whose registered office is Unit A5, Dunshaughlin Business Park, Dunshaughlin, Co. Meath A85 YP65.
– The terms ‘you’, ‘your’ or ‘the Customer’ means any person(s) or Company using or viewing our website.
– ‘Goods’ refers to any product or service supplied by Leo Forde Water Services, including any items produced by Leo Forde Water Services or purchased from an external supplier.
– The ‘Contract’ is the Contract for the sale and purchase of the Goods (including services). The ‘Contract’ will commence when the following is applicable:
- i) goods are ordered using the Leo Forde Water Services Limited website, waterstore.ie. The contract is formed when the customer confirms payment for the goods listed in your online shopping cart.
- ii) goods are ordered over the telephone or in person. The contract is formed when the customer provides and authorizes the use of payment details, (credit card, laser card or debit card), to the Leo Forde Water Services employee
– ‘Account Customer’ is one designated and accepted as such by the Company. Customers must be trading with the Company for at least one year or by other agreement with the Company. Account customers will be invoiced when the Goods are delivered and payment will be due 30 days after invoice. If the Customer fails to make any payment on the due date then, without prejudice to their rights or remedies, the Company may cancel the Contract and the customer account facilities or suspend deliveries under it, appropriate any payments made by the Customer in such manner as the Company thinks fit and charge the Customer interest (before and after Judgement) on the amount unpaid at 3% over the base rate of Ulster Bank, from time to time applicable.
– Non-account customers must make payment for Goods through our website (in clear funds) to process your order, or if ordered via phone call or in person on or before collection or shipping.
– The statutory rate of Value Added Tax is included in prices displayed on waterstore.ie. However, these prices do not include our delivery charge. The delivery charge for each order will vary, based on the product(s) you have ordered. The cost for each delivery method is clearly indicated during your check-out process. Prices in store and online may vary.
– In order to make a purchase on our site, you will have to supply us with your email address. Once your order has been placed, you will receive a confirmation email from us. If we discover that for any reason we are unable to fulfil your order, we will let the customer know at the earliest available opportunity. If payment has already been processed for this, we will attempt to make a refund for the relevant amount, using the same payment details provided to place the order. If, for some reason, the aforementioned is not possible, we will notify you via email and ask you to contact our office, who will then settle the refund for you.
– It is the Customer’s responsibility to see that the Goods ordered and received comply with any local regulations or bye-laws and are suitable for their required needs.
– Notice is hereby given to the Customer that the instructions for use, cautionary notices and other technical notices and information are supplied to the Customer with the Goods.
Terms of Sale cont. – Supply, installation & commissioning.
- No tender, quotation or other offer by the Company shall remain open for acceptance beyond a period of thirty days from the despatch or other communication thereof to the Customer unless otherwise agreed in writing between the Customer and the Company. All tenders, quotations or offers by the Company shall always be subject to the terms.
- Where between the date of the tender, quotation or other offer by the Company and the date of delivery the price to the Company of any of the Goods sold under the Contract or of any part or component thereof or any material used in the manufacture thereof is increased, the Company shall be entitled to increase the Contractual price of such Goods by no more than the amount of such increase. If the resulting increase is greater than 10% of the total price of the Goods in question, the Company shall give the Customer notice of the increase in writing and the Customer shall be entitled to respond, within seven days of such communication, to cancel the Contract without liability.
- The Company reserves the right to cancel the contract if;
- The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction to a solvent Company); or
- an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
- the Customer ceases or threatens to cease to carry on business; or
- the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the customer accordingly.
- Should any of the above circumstances occur, without prejudice to any other right or remedy available to it, the Company shall be entitled to cancel the Contract or suspend any further delivery under the Contract without any liability to the customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if required shall be entitled to seek a return of the goods.
- No order that has been accepted by the company may be cancelled by the Customer save as provided for in the terms hereof. However, the Company may, in its discretion, accept cancellation if the Customer indemnifies the Company in full against all loss (including loss of profit), costs (including labour and materials used), damages, charges and expenses (including any due to its own suppliers) incurred by the Company as a result of cancellation, and pays a handling charge of 10% of the price of the Goods.
- The Company hereby reserves the right to cancel any order placed by the customer with the Company in the event that the Customer is in breach of its obligations to the Company or its obligations under the terms and conditions
- Any variation agreed between the Parties as to the Goods to be sold must be in writing and shall be deemed to be an amendment to the Contract and shall not constitute a new Contract.
3. Payment Terms
All payments pursuant to the Contract shall be in euros unless otherwise specified on the face thereof. All payments are due at time of contract formation, unless otherwise confirmed in writing by the company or if you are a confirmed account customer. In which case terms are 30 days.
4. Shipping & Delivery
Unless otherwise expressly agreed in writing, delivery of goods shall be ex the Company’s works.
Unless the Company expressly agrees a fixed delivery date in writing, all delivery dates quoted or agreed are estimates only and shall not be binding on the Company. Time of delivery shall not be of the essence.
5. Claims & Warranty
– The Customer shall inspect the Goods upon delivery. Any defective material, incorrect or short delivery should be noted to the Company by the Customer within three days and in the case of non-delivery, claims should be notified to the Company within seven days of the Customer having been notified of dispatch.
– In the event of any fault appearing in the ‘Goods’ within a year of delivery, the Company shall (if the said fault has been immediately notified to it by the Customer and the ‘Goods’ are (as the Company may direct) returned to it or made available for collection or inspection in situ) examine the same and in its opinion any faults found are due to any fault of its own design or manufacture or other workmanship it shall replace or (at its option) repair the same free of charge and shall refund to the Customer any cost of carriage incurred by returning the item. If it finds no faults for which it is responsible as aforesaid, the costs of such carriage or collection or inspection and of any work shall be chargeable to the Customer.
– In the case of ‘Contracts for the supply of goods outside Ireland’ such costs of carriage or collection or inspection shall in any event be borne by the Customer.
– In the case of faulty ‘Goods’ or parts not manufactured by the Company, the Customer shall be entitled, as far as possible, to the benefit of any guarantees given by the manufacturers; the Company will on request notify the Customer of the terms of any such guarantees provided however that the liability of the Company under this clause shall not be greater than the terms or value of any warranty provided by the manufacturer of such faulty goods
6. Intellectual Property
All intellectual property rights, such as trademarks and copyrights at waterstore.ie remain with Leo Forde Water Services Limited and its subsidiaries or licensors. Any use of waterstore.ie or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Leo Forde Water Services Limited.
This website and its contents is copyright of Leo Forde Water Services Limited – © All rights reserved.
Any redistribution or reproduction of any of the contents of this site is prohibited, other than the following scenarios:
- Printing or downloading extracts for your personal and/or non-commercial use only.
- You may copy our content to individual third parties for their personal use, but only if you acknowledge our website as the source of the material provided.
You may not, except with written permission from Leo Forde Water Services limited, distribute or commercially exploit our content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
7. Disclaimer of Liability
The company shall not be liable for any breach, delay or consequential loss suffered by the Customer under the “Contract” where the same is wholly or mainly due to circumstances outside the reasonable control of the Company.
Except as stated above, the Company shall not be liable to the Customer by reason of any representation or any implied condition or warranty or any duty at common law or under the express terms of the Contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, or expenses (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or re-sale by the Customer.
- Risk shall pass to the Customer (which, in the case of delivery by carrier other than the Company’s own transport shall be deemed to be effected by the posting of the Goods or their delivery to the carrier, as the case may be).
- The risk shall pass to the Customer (which, in the case of delivery by the Company’s own transport shall be deemed to be effected from the date and time of delivery of the goods to the address provided by the Customer).
- The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid the Company all sums due under the Contract together with all sums due under any other Contract with the Company.
- The Customer acknowledges that it is in possession of the goods solely as bailee and in fiduciary capacity for the Company until such time as the property in them passes to the Customer in accordance with the provisions of Clause (b)(I) of this agreement.
- Until such a time as the Customer becomes the owner of the goods, it will store them at their premises separately from their own Goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company. The Company may require the Customer to return the goods at any time before the passing of the title. If the Customer fails to return the Goods, the Company shall be entitled to enter any vehicle or premises where the Goods are (or are believed to be) and repossess the same.
- The Customer’s rights to possession of the goods shall cease upon the happening of any of the events specified in these terms, whereupon the company terminates the Contract.
- Subject to the terms hereof, the Customer is licensed by the Company to process the Goods in such fashion as they may wish and/or incorporate them in or with any other product or products subject to the express condition that the new product or products or any other items whatsoever containing any part of the Goods, shall be separately stored and marked so as to be identifiable as being made from or with Goods the property of the Company.
- If Goods the property of the Company are admixed with Goods the property of the Customer or are processed with or incorporated therein, the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Company. If the property of the Company is incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.
The Company shall not be under any liability of whatever kind for non-performance in whole or in part of its obligations under the Contract beyond the control of the Company. This is including, but not limited to war (where an actual Declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts of the customer or a third party, failure or delay in transportation, act of any government or any agency or subdivision thereof, Government regulation, judicial action, labour dispute, strike, lockout, embargo, illness, accident, fire, explosion, flood, pandemic, tempest or other act of God, delay in the delivery to the customer, shortage of labour, fuel, raw material or machinery or technical failure. In any such event, the Company may, without liability, cancel or vary the terms of the Contract, including but not limited to, extending the time but performing its obligations for a period at least equal to the time lost by reason of any of the above matters.
LAW & JURISDICTION
The contractual rights which the Customer enjoys by virtue of the Sale of Goods Act 1980 or any amendment thereof are in no way prejudiced by anything contained in the Contract elsewhere.
Nothing in the Contract or elsewhere shall be taken as in any way limiting or excluding any liability which the Company may have to the customer under the Liability for Defective Products Act, 1991 or any other laws in force from time to time which confer rights on the customer.
Failure by the Company to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provisions nor of the right of the Company thereafter to enforce each and every provision therein contained. No waiver by the Company or any breach of this Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or part it shall be deemed deleted, but the validity of the remainder of that provision and all other provisions shall not be affected.
8. External Links
Through this website you are able to link to other websites which are not under the control of Leo Forde Water Services Ltd. We have no control over the nature, content or availability of those sites. The inclusion of any links does not necessarily imply an endorsement of any views which may be expressed within them.
The information contained in this website is for general information purposes only. We work to keep our website up to date and running effectively. However, Leo Forde Water Services Ltd takes no responsibility for, and will not be liable for, our website being temporarily unavailable due to technical issues beyond our control.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
The inclusion of any products or services on waterstore.ie at any particular time does not indicate or guarantee that these products or services will be available at any time. We reserve the right to discontinue any product or service at any time without prior notice given to you.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your contract, will be those listed on waterstore.ie at the time you place your order.
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. Any replication is prohibited other than in circumstances outlined in the intellectual property – copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time we may include links to other websites. These links are provided for your convenience to provide further information. They do not indicate that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of waterstore.ie, and any dispute arising out of such use of waterstore.ie, or the contract is subject to the laws of the Republic of Ireland.
We may make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency and the acceptance by the Customer of these terms and conditions shall be deemed to be an acceptance and
consent by the Customer to the Company carrying out any such credit search.