In these Terms and Conditions of business the following meanings shall apply:-
"the Company" shall mean Magnetic Mobility Ltd, 93 The Park, Sallins Road, Naas, Co. Kildare. Reg Number IE687323. The Company's email address is firstname.lastname@example.org.
"the Customer" shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company
"the Goods" shall mean goods (or any part of them despatched by the Company to the Customer following an order made by the Customer by telephone or on the Website but shall not include capital equipment and/or digital equipment which is invoiced separately and governed by supplemental terms and conditions.
"the Website" shall mean the website with the url (www.magneticmobility.ie)
2 Conditions Applicable
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of Goods entered into by the Company to the exclusion of terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. All terms and conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer's own terms and conditions shall not be regarded as a counter offer.
2.2 The images of the Goods on the Website and any printed catalogues are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.3 These Terms and Conditions, and any contract between us, are only in the English language.
2.4 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
3 The Order Process
3.1 Order by Telephone or by email
(i) Where the Customer places an order to purchase Goods by telephone or email, the order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms and Conditions.
(ii) The order shall only be deemed to be accepted when the Company confirms its acceptance.
3.2 Order by Website
(i) Where the Customer places the order on the Website, the Customer will receive an e-mail acknowledging receipt of the order. This does not mean that the Customer's order has been accepted.
(ii) The Company will confirm acceptance of the order by sending an e-mail to the Customer that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract will only be formed when the Company sends the Dispatch Confirmation.
4.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of Goods when they are delivered.
4.2 The Company shall not be liable for any delay in delivery of the Goods that is caused by a force majeure event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods
4.3 If Goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
5 Cancelling Orders/Returned Goods
5.1 Goods which are not shown in the Company's catalogue in force at the time of order will only be accepted for return and credit by the Company when the Company have given prior authorisation. Orders for such Goods can only be cancelled prior to delivery to the Customer where the Company has yet to receive the Goods from the manufacturer. The Company reserves the right to raise a reasonable cancellation charge and to invoice the Customer for any cancellation charge levied by the manufacturer.
5.2 Goods which are shown in the Company's catalogue in force at the time of order will be accepted for return only upon the following conditions:
5.2.1 Returned Goods must be accompanied by the Customer's number, the number of the invoice upon which the Goods were supplied and full details of the reason for return. Goods will not be accepted for return and credit if the original invoice cannot be traced.
5.2.2 Goods returned must be in a condition suitable for re-sale, and inclusive of all original packaging, operating instructions, guarantee card and accessories.
5.2.3 Goods must be returned within 30 days of delivery to the Customer.
5.2.4 Returns received after 30 days from the date of invoice will incur a restocking charge to the value of 15% of the net price (as per invoice).
5.2.5 Where items are received by the Customer in an unusable condition, the Customer must notify the Company within 3 days of delivery. Thereafter, unless otherwise instructed, items must be returned in accordance with these conditions.
5.3 Goods which are damaged or lost in transit will not be credited by the Company as it is the Customer's responsibility to ensure that Goods are adequately packaged and labelled.
5.4 Upon receipt of returned Goods a credit will be provided at a sum equal to that which the Customer paid for the Goods.
7 The Price and Payment
7.1 The price to be paid by the Customer shall be the sum(s) shown by the Company's invoice(s). This price shall be based on the sum quoted to the Customer in the Company's price list in the catalogue or on the Website but the Company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions.
7.2 The prices quoted in the Company's price list are in Euros (€). Due to fluctuations in currency exchange rates the Company reserves the right to alter prices charged to Customers outside Ireland. Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company's invoice to the Customer.
7.3 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer on any order exclusive of any tax or duties in force at the date of despatch.
7.4 Payment of the price and VAT shall be due 45 days following the date of the Company's invoice. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by credit card, full payment must be made at the time of the order.
7.5 Where Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
7.6 If the Customer is in default in paying any sum by the due date for payment, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any Goods remain to be delivered thereunder. Additionally, payment for all Goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
7.7 In the event that the Customer fails to pay any monies by the due date for payment, the Company shall be entitled to charge interest at the rate of 2% per month or part month on the overdue amount from the due date to the date of actual payment, whether before or after judgement. The customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
7.8 The Customer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Company against any amount payable by the Company to the Customer.
8.1 All Discounts exclude VAT
9 Title and Risk
9.1 The transfer of risk of damage to the goods shall take place at the moment when the customer takes delivery.
9.2 Title in the goods or any part thereof shall only pass to the Customer when payment in full for all goods whatsoever supplied and all services rendered at any time by the Company has been made.
9.3 The Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situate and to repossess the goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the goods as the Company's fiduciary agent and bailee.
10.1 Other than as expressly provided in these Terms and Conditions and except where goods are sold or services provided to a person dealing as consumer within the meaning of that term under the Sale of Goods and Supply of Services Act 1980 all warranties, conditions or other terms implied by statute or common law, including for the avoidance of doubt those implied by Section 13 to Section 15 of the Sale of Goods Act 1893, are excluded to the fullest extent permissible by law.
10.2 Where Goods are supplied to the Company with the benefit of a warranty from their manufacturer that warranty will continue to apply to the Goods following sale to the Customer, whether Goods are sold individually or as a package. If alleged defects in Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to those Goods. In all other respects the Company will warrant replacement parts for the length of the manufacturer's warranty thereon, and labour for a period of 3 months.
10.3 The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to goods supplied by the Company.
- Restriction of Liability
11.1 Nothing in these Conditions shall limit or exclude the Company's liability for any matter in respect of which it would be unlawful for the Company to exclude or restrict liability
11.2 Subject to clause 11.1:
(i) the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of business, loss of opportunity or any indirect or consequential loss or damage howsoever caused arising under or in connection with the contract;
(ii) the Company's total liability to the Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed in aggregate the price of the Good(s) and/or services forming the subject of the claim or claims; and
(iii) no liability for any losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to the Company within 3 days of despatch of the Goods by the Company. Alleged non-delivery of Goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the Goods or a statement of account, whichever is the sooner.
11.3 For the avoidance of doubt, nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any term of these Terms and Conditions.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
A waiver of any right or remedy under these Terms and Conditions or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14 Applicable Law and Jurisdiction
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with Irish law and the parties irrevocably submit to the exclusive jurisdiction of the Irish courts.