Terms & Conditions for Purchases from the Farm & Plant Online Shop
December 2013
The following terms and conditions apply to purchases of goods and services (“products”) from the Farm & Plant Online Shop and set out the agreement between you and Farm & Plant for using and making purchases on the Online Shop.
For the purpose of purchasing goods from the Online Shop, all references to “Farm & Plant”, “us” or “we”, shall mean JKLM Media.dac of Unit 22 Kilcarbery Business Park,New Nangor Road,Grange Castle, Dublin 22.
By clicking the “Continue” button, you will be deemed to have accepted these terms and conditions of sale, our legal notices and our privacy policy. You are advised to read these terms and conditions each time you visit the site as they may change from time to time without notification.
This Online Shop service is only available to you if you live in the Republic of Ireland or Northern Ireland, are 18 years of age or over and hold a valid credit or debit card issued in your name.
1. How to Order
1.1 You place orders by following the instructions set out on the Online Shop. You must include the following information with your order, as we cannot process your order without this information:
· Name
· E-mail address
· Contact telephone number
· A valid Visa, Mastercard, Laser Card with the full name/s displayed on the card, the card number and expiry date.
· A valid delivery address
· Items you require
1.2 You undertake that the information that you provide to us for the purpose of making
a purchase is fully complete and accurate. In particular you confirm that you are legally
and fully entitled to use any credit or debit card for the purpose of making the purchase
and that sufficient funds are available to cover the cost of your purchases. We reserve
the right to request formal documentary identification from you or verification of your
right to use any credit or debit card to make a purchase on the Online Shop.
1.3 Payment may only be made by means of those credit or debit cards listed on the
Online Shop. We reserve the right to modify the list of card types that are acceptable.
You may only use one card per order.
1.4 We will endeavour to try to ensure that all descriptions and details (including prices)
displayed on this website are correct and up to date but do not and cannot guarantee
that they are. Details may be updated from time to time and are subject to change. You
must ensure that prior to placing an order you have checked all relevant details about
the products you have selected. We cannot confirm the price of a product until your
order is accepted. All products and services advertised are subject to availability.
2. Acceptance of orders
2.1 The information displayed on the Online Shop, including prices, does not constitute
an offer to contract or enter into an agreement and constitutes an invitation to treat
only.
2.2 All orders submitted by you are an offer by you to contract with us and are subject
to acceptance by us. Your order will not be deemed accepted until the relevant products
have been shipped to you.
2.3 We reserve the right to refuse your order for any legitimate reason, including where
the bank refuses to authorise the credit or debit card payment or the products ordered
are out of stock. All products are subject to availability and we reserve the right to change or vary the products promoted on the Online Shop at any time and without notification.
2.4 Once we have received your order we will automatically acknowledge receipt of the
order. This acknowledgement is not acceptance of your order.
2.5 Once we have shipped the order we will notify you and this shall be deemed to be
acceptance of your order.
2.6 We reserve the right to limit the amount of products purchased in each transaction
or on each card.
3. Delivery
3.1 You may only specify one delivery address per order.
3.2 We will endeavour to deliver your order within three (3) working days however
delays may occur, including where the items you have ordered are out of stock. We are
not liable to you for any delay in making deliveries. Our fulfilment partners make
deliveries Monday through Friday from 9am to 6pm. Please note that orders will only be fulfilled within the Republic of Ireland and Northern Ireland.
No Products will be supplied or delivered overseas or to PO boxes.
3.3 You should note that our fulfilment partners will deliver to the delivery address as
specified by you on the order form, based upon the signature of any occupant of that
address at the time of delivery. We are not liable to you for ensuring personal delivery to
you. In the event that there is no person at the address to accept delivery, our fulfilment
partners will deliver the products to their nearest depot where you can collect
them at your convenience. Our fulfilment partners will leave a notice at the delivery
address directing you to the depot where the products are available for collection.
You will be required to present this notice at the depot when collecting the
products.
3.4 In the event that some of the products you have ordered are out of out of stock we
may send your order to you by two or more deliveries. We will meet any additional
delivery charges.
3.5 If your products do not arrive within the time specified above please contact us at
info@farmandplant.ie or on (01)4577018.
3.6 Please retain the invoice and shipping notice, as it will be required should you decide
to return any product under our returns and refunds policy, set out below.
3.7 You agree that we shall be entitled to postpone or cancel delivery in the event that
any additional information requested under clause 1.2 is not provided.
4. Prices
4.1 Prices for Products are quoted in Euro. All prices are inclusive of VAT. We reserve
the right to change price at any time. Irrespective of any change of prices, you will be charged the price which was specified for the product when you ordered.
4.2 The delivery charges that apply to your purchases are specified at the time you
submit your order.
4.3 Promotional codes for Products on the online store are only valid from period stated
on promotion. If no end date is specified, the validity of any promotional code is at the
reasonable discretion of JKLM Media.dac,
5. Payment
You may pay by credit or debit card. We will accept payment for products according
to any instructions given by you, or appearing to us to have been given by you. All
credit and debit card purchases are subject to validation and credit checks.
6. Returns
Right of Withdrawal
6.1 As a consumer, under the European Communities (Protection
of Consumers in Respect of Contracts made by Means of Distance Communication)
Regulations, 2001 (“the Distance Selling Regulations”), where you purchase products on
the Online Shop, you have seven (7) working days to cancel your purchase from the
date you receive your order, for any or no reason.
6.2 Where you cancel your purchase in these circumstances we will give you a full refund
within thirty days of you exercising this right to cancel, provided you exercise this right
to cancel within this seven day period by returning the product to us in its original
packaging with proof of purchase to Farm & Plant,Unit 22 Kilcarbery Business Park,
New Nangor Road,Grange Castle,Dublin 22. You should retain proof of postage.
6.3 We are not responsible for returned products while in transit. Products must be
returned with the confirmation email you received when placing your order or the
delivery note received at the time of delivery.
Repairs Replacements and Refunds
6.4 In the event that the goods purchased are faulty or deficient, and you return it to us
in accordance with our returns procedure, your goods will be repaired, or wholly or
partly replaced.
6.5 Subject to the paragraph below, we make no warranty or representation as to the
quality of any products sold or their fitness for a particular purpose or their conformity
with any description or sample and we shall not be responsible for damage or loss of any
kind whatsoever (including loss of profits and consequential damages) caused directly or
indirectly by the products supplied.
6.6 Consumer Protection: Where you purchase goods and services as a
consumer you are entitled to certain statutory rights. Your statutory rights are
unaffected.
7. Privacy
Collection of Personal Data
7.1 You agree that Farm & Plant may use the personal information provided by you for all purposes to fulfil your order. We may also use the personal information provided in the course of using the Online Shop in accordance with our website terms and conditions and our Privacy Policy.
7.2 If you identify yourself by submitting customer information forms to purchase
Products in the Online Shop we will use such other information as may reasonably be
required to complete the transaction, including your name, e-mail address, contact
telephone number, credit card type, full name as displayed on the credit card, credit card
number and expiry date, delivery address and the items you require.
7.3 We may use the personal and payment information provided by you for our
internal business purposes. Also, in order to provide the Online Shop service, it may be
necessary that we also forward certain personal and payment information provided by
you to third party banking and credit institutions or fulfilment partners and other
intermediaries. We may also disclose your information where permitted or required by
law. Your continued use of the service constitutes your consent to such disclosure of
information.
Submitting Your Credit Card Number
7.4 When you submit your credit card number to purchase Products from the Online
Shop, we use the Realex pament processing system. This secure server software (SSL) encrypts the credit card information you submit before it is sent to us. This helps assure that the information is protected against unauthorised access. We do not have access to credit card information for online purchases made through our Online Shop. We may also implement our own security procedures designed to prevent fraud.
We reserve the right to amend and update security procedures without notification.
7.5 Notwithstanding the above security procedures, you should be aware that there are
certain risks associated with Internet communications and credit/debit card use over
which we have no control. We expressly disclaim, in so far as legally permissible,
responsibility for any loss or damage arising out of the loss or delay of transmissions
between us and you. In respect of any other loss or damage caused, our liability to you
shall not, to the fullest extent permissible under applicable law, exceed the value of
products and services purchased. We recommend that you maintain some form of
credit/debit card insurance/card protection scheme and in the event of loss, theft or
unauthorised use of your credit/debit card you notify your credit/debit card provider in
accordance with its standard terms.
8. Governing Law
8.1 These terms and conditions are governed by the laws of the Republic of Ireland, and
you hereby agree for the benefit of Farm & Plant, and without prejudice to the right of Farm & Plant to take proceedings in relation to these terms and conditions of use before any other court of
competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and
determine any action or proceedings that may arise out of or in connection with these
terms and conditions of use, and for such purposes you irrevocably submit to the
jurisdiction of such courts.
8.2 If any part of these terms and conditions is determined to be invalid or
unenforceable pursuant to applicable law, the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these terms and conditions shall
remain in effect. These terms and conditions constitute the entire agreement between
Farm & Plant and you for the use of the Online Shop and they supersede all other communications.