General Terms & Conditions

These Terms and Conditions govern your use of the Tony Kealy’s Website, and your relationships with Tony Kealy’s Limited. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not register for or use the Company site. If you have any questions on the Terms and Conditions, please contact: website@tonykealys.com.

Part A

  1. Use the Company Site
    1. The Company site is provided to you for your personal use subject to these Terms and Conditions. By using the Company site you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include references to the Sale of Goods Terms at part B below.
  2. Amendments
    1. We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation Of the Company site. Any changes will be notified to you via the e-mail address provided by you on the registration or via suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site indicates your agreement to be bound by the new Terms and Conditions.
  3. Intellectual Property
    1. The content of the Company site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Company site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy of distribute or use for commercial purposes of any of the materials or content on the Company Site without written permission from the Company.
  4. Your use of the Company Site
    1. You may not use the Company site for any of the following purposes:
      1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws.
      2. Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice.
      3. Interfering with any other person’s enjoyment of the company site; or
      4. Making, transmitting of storing electronic copies of materials protected by copyright without the permission of the owner.
      5. You will be responsible for our losses and cost resulting from your breach of this Clause.
  5. Availability  of the Company Site
    1. Although we aim to offer you the best service possible, we make no promise that the services at the Company site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company site you should report it to website@tonykealys.com and we will attempt to correct the fault as soon as we reasonably can.
    2. Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services, we will attempt to restore the service as soon as we reasonably can.
  6. The Company’s Right to suspend of cancel your registration
    1. 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.
    2. ou can cancel your registration at any time by informing us in writing website@tonykealys.com. If you do so, you must stop using the Company Site.
    3. The suspension or cancellation of your registration and your right to use the Company site shall not affect either party’s statutory rights of liabilities.
  7. The Company’s Liability
    1. The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the company site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
    2. If we are in breach of these Terms and Conditions, we will only for any losses that you suffer to the extent that they are a foreseeable consequence to both of us at the time you use the Company site. Our ability shall not in any event include business losses such as lost data, lost profits or business interruption.
  8. Applicable Law
    1. These Terms and conditions will be subject to the laws of the Republic of Ireland. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Republic or Ireland.
  9. International Use
    1. We make no promise that material on the Company Site are appropriate or available for use in locations outside the Republic of Ireland and accessing the Company site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside
      Republic of Ireland or Northern Ireland you do son on your own initiative and are responsible for compliance with local laws.
  10. Miscellaneous
    1. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights under these Terms and Conditions will be no affected.
    2. If you breach these Terms and Conditions and the company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
    3. The Company shall not be responsible for any breach of the Terms and Conditions caused by circumstances beyond its reasonable control.
    4. The company site is owned and operated by Tony Kealy’s Limited registered address: 9-11 Walkinstown Green, Dublin 12.
    5. If you have any queries please contact website@tonykealys.com

PART B

Sale of Goods Terms

These terms relate to items supplied to you through the Company Site and should be read in conjunction with the General Terms and Conditions at Part A which shall also apply.

  1. Prices
    1. Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to you without giving any reason, At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.The prices payable for the items that you order are clearly set out on the company site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.All prices are expressed inclusive of any VAT payable unless otherwise stated.Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
  2. Availability
    1. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
  3. No Commercial Use
    1. The online store is available for non-commercial and domestic use only. The Company reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
  4. Delivery
    1. Deliver will be made to the address specified by you on the completed order form.
    2. We will deliver your order to the main entrance of the delivery address. Please note that we deliver goods only to specified regions within the Republic of Ireland and Northern Ireland.
    3. Deliver time will be agreed with you at the time of placing your order. All goods must be signed for on delivery by and adult aged 18 or over.
    4. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part of in dull due to circumstances beyond our control
  5. Return of Items
    1. We hope you will be happy with your purchase. However, should you feel it necessary to return an item, you may cancel the contract for its purchase by contacting website@tonykealys.com within 7 days of delivery of the items to you. You should then return the relevant item to us in the secure packaging to: 9-11 Walkinstown Green, Dublin 12.
    2. You will be responsible for the cost of returning any item to us unless the item is defective of we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
    3. When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item r supply you with a replacement item. We will not refund the deliver charge for sending the item you unless you are returning an entire order.
  6. Cancellation and changes prior to delivery
    1. You can cancel or change any or your current orders prior to dispatch by contacting website@tonykealys.com
  7. Complaints Procedure
    1. We hope you are pleased with our service, however, if you are unhappy with the products or services you have received from us please email us at website@tonykealys.com. You can also submit your complaint to an online dispute resolution process operated by the European Commission by clicking on this link 

 

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