Datacables.ie - TERMS AND CONDITIONS
Making A Purchase
Making a purchase could not be easier. Just browse our store and add
any items that you wish to buy into the shopping cart. After you have
finished your selection, click on 'Checkout' and you will be asked for a
few details that we need to be able to complete the order.
We accept Visa and PayPal. We do not charge for any item until it is
ready to ship. Backordered items are not charged until they are
shipped. You may send your credit card information via phone, fax, snail
mail or over the Internet.
When confirmation of order is received, this is to indicate that we
have received your order. It does not indicate that a contract exists
between us. We will indicate acceptance of your order, and hence a
contract between us, when we send you an invoice. We have included this
term to protect us in the case that a mistake has been made in pricing,
we have inadvertently under-priced goods, or we are no longer able to
supply a particular product for some reason. In the case of a change of
price, we will always contact you first to ensure that the price is
acceptable.
Delivery Schedule
We deliver your order right away. We will normally send your order to you in 2 business days .
Back Orders
If your item is not in stock, we will back order for you. You will
always be emailed with the option to cancel your order if you would
rather not wait.
Tax Charges
For orders made from Ireland, 23% VAT has already been included.
Credit Card Security
When the order is placed at our website, credit card numbers are
encrypted using 128 bit encryption. They are only decrypted after they
reach our computer. They are not held in clear text on any web site. Privacy Policy
Datacables.ie do not disclose buyers' information to third parties
other than when order details are processed as part of the order
fulfilment. In this case, the third party will not disclose any of the
details to any other third party.
Cookies are used on this shopping site to keep track of the contents
of your shopping cart, to store delivery addresses if the address book
is used and to store your details if you select the 'Remember Me'
Option. They are also used after you have logged on as part of that
process. You can turn off cookies within your browser by going to 'Tools
| Internet Options | Privacy' and selecting to block cookies. If you
turn off cookies, you will be unable to place orders or benefit from the
other features that use cookies. Data collected by this site is used
to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
This policy covers all users who register to use the datacables.ie
website. It is not necessary to register in order to gain access to the
searching facilities of the site, but we may restrict access to certain
areas. We are committed to protecting your privacy when you are using
our online services.
Terms & Conditions of Sale
During our registration process, we ask for personal information
which both identifies you and enables us to communicate with you. We
also invite you to tell us your interests so that we can make our
communications relevant and interesting for you.
To help us prevent fraud, please be aware that we may make searches
about you at credit reference agencies for the purpose of verifying your
identity. We will use the information you provide only for the
following purposes:
To send updates regarding the status of your orders
To send you newsletters and details of offers and promotions in which we believe you will be interested
To improve the content, design and layout of the datacables.ie website and to facilitate knowledge management
To understand the interests and buying behaviour of our registered users
To perform other such general marketing and promotional activities
focused on our products and services. We may also register you for our
other services which we feel may be useful or of interest to you
a) Making an agreement to purchase our goods
The market in the goods is such that the specification, description and price of individual goods can change
The invitation to you to order goods from us is not an offer by us to
sell to you goods of the specification and description at the price
indicated.
Your order is an offer to us to buy the goods of the specification and description at the price indicated.
Wherever possible we will accept your order to buy the goods of the
specification and description at the price indicated by e-mail and in
which case there will be a concluded agreement between you and us.
Wherever it is not possible to accept your order to buy the goods of
the specification and description at the price indicated we will advise
you by e-mail and offer to sell you the goods of the specification and
description at the price stated in the e-mail and will state the period
for which the offer or the price remains valid.
You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
b) Delivery of the goods
The price of the goods does not include delivery by us to you
The costs of carriage and any insurance which you direct us to incur
shall be reimbursed by you and shall be due on the date for payment of
the price.
The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
You should note that our carrier requires immediate notice to be
given of any loss or damage to goods and you should inspect the goods
upon receipt and report any loss or damage to the carrier immediately.
Insofar as you report any damage to goods to us within 48 hours of
delivery we will refund the price and carriage or replace the goods at
no cost to you.
In respect of any damage to goods reported to us after 48 hours of
delivery we shall require proof from you that the goods were damaged
before receipt by you.
Payment and Price
We shall not be bound to deliver the goods until you have paid for
them. Payment shall be due when the agreement is made between us. Time
for payment shall be of the essence. The price due from you is the price
indicated as inclusive of value added tax.
Delivery
We will try to deliver the goods to you within the time estimated for delivery.
If we are unable to do so, we reserve the right to deliver them
within 30 days beginning with the day after the day of the agreement
between us.
If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
1. we shall inform you by e-mail ;
2. we shall make a further offer to you by e-mail to sell you the
goods of the specification and description at the price stated in the
e-mail and will state the period for which the offer or the price
remains valid ;
3. unless you accept the offer we will reimburse any sum paid by you
or on your behalf under or in relation to the agreement within a period
of 30 days beginning with the day after the day on which the time for
delivery expired.
Your right of cancellation
The rights of cancellation set out below apply to any agreement
between you and us save insofar as the agreement is in respect of
computer software if it is unsealed by you.
You have a right to cancel the agreement at any time before the
expiry of a period of 7 working days beginning with the day after the
day on which you receive the goods.
You may cancel by giving us notice in any of the following ways:
1. by a notice in writing which you leave at our address
2. by a notice in writing which you send by post to our address
3. by facsimile to our business facsimile number
4. by electronic mail to our electronic mail address
and the notice shall operate to cancel the agreement between us.
If you cancel the agreement :
1. you must return the goods to us at the address given above ;
2. the goods must be returned to us complete in original packaging
3. you are responsible for the cost of returning the goods to us at the address given above ;
4. you are under a duty to take reasonable care of the goods
(including reusable packaging, manuals etc) until they are returned to
us ;
5. you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under or
in relation to the agreement including the costs of carriage and any
insurance which you directed us to incur.
7. we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
Our right of cancellation
If for reasons beyond our reasonable control, including but not
limited to an inability or failure on the part of the manufacturers or
suppliers of the goods to supply the goods to us, we are unable to
supply the goods to you, we may cancel the agreement at any time before
the goods are delivered by giving notice to you. We shall promptly repay
to you any sums paid by you or on your behalf under or in relation the
agreement. We shall not be liable for any other loss or damage whatever
arising from such cancellation.
Statutory rights
Your right of cancellation is in addition to your other statutory rights.
The after sales service and guarantees and the voluntary code for the
return of goods by you to us mentioned below do not affect your
statutory rights.
Your responsibilities
It is your responsibility to ensure compatibility of any goods
offered for sale by us both with the existing components within your
system and with any other goods offered for sale by us.
It is your responsibility to ensure proper installation of our goods into your existing system.
It is your responsibility to ensure that wherever necessary you
access the manufacturers web site to download any necessary product
upgrades (including drivers and manuals). Conditions applicable
These conditions shall apply to all contracts for the sale of goods
by us to you to the exclusion of all other terms and conditions
including any terms or conditions which you may purport to apply under
any purchase order confirmation of order or similar document.
All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.
1. Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
2. Any variation to these Conditions (including any special terms and
conditions agreed between you and us) shall be inapplicable unless
agreed in writing by us.
3. These terms represent the entire agreement between you and us.
b) Price and Payment
The price (unless otherwise expressly stated) shall be exclusive of
value added tax which shall be due at the rate ruling on the date of our
invoice.
Where the price is expressed to be inclusive of value added tax we
have the right to adjust the price at any time before delivery to take
account of any increase in value added tax.
Payment of the price and value added tax shall be due within 30 days
of the date of the date of the invoice. Time for payment shall be of the
essence.
Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at a rate of 5%
above Allied Irish Bank’s base rate from time to time in force and shall
accrue at such a rate after as well as before any judgment.
If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
1. suspend or cancel deliveries of any articles due to you; and/or
2. Appropriate any payment made by you to such of the goods (or goods
supplied under any other contract with you) as we may in our sole
discretion think fit.
No set off
You may not withhold payment of any invoice or other amount due to us
by reason of any right of set off or counterclaim which you may have or
allege to have or for any other reason whatsoever.
Delivery and non-delivery of goods
The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
We shall arrange for carriage of the goods to your address. The costs
of carriage and any insurance which you reasonably direct us to incur
shall be reimbursed by you without any set-off or other withholding
whatever and shall be due on the date for payment of the price. The
carrier shall be deemed to be your agent.
We shall not be liable for any loss or damage whatever due to failure
by us to deliver the goods or any of them promptly or at all.
Notwithstanding that we may have delayed or failed to deliver the
goods or any of them promptly you shall be bound to accept delivery and
to pay for the goods in full provided that delivery shall be tendered at
any time within 3 months of the agreement.
Retention of title by us
The goods shall be at your risk as from delivery.
In spite of delivery having been made property in the goods shall not pass to you until:
you have paid the price plus value added tax in full; and no other sums whatever shall be due from you to us.
Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
You shall store the goods (at no cost to us) separately from all
other goods in your possession and marked in such a way that they are
clearly identified as our property.
Notwithstanding that the goods (or any of them) remain our property
you may sell or use the goods in the ordinary course of your business at
full market value for our account. Any such sale or dealing shall be a
sale or use of our property by you on you own behalf and you shall deal
as principal when making such sales or dealings.
Acceptance of the goods
You shall be deemed to have accepted the goods 3 days after delivery to your carrier.
After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
Rejection of the goods
If you properly reject any of the goods which are not in accordance
with the contract you shall nonetheless pay the full price for such
goods unless you return such goods to us at your cost before the date
when payment of the price is due.
Return of goods which are in accordance with the contract
No goods delivered to you which are in accordance with the agreement
will be accepted for return by us without our prior written approval (in
accordance with our returns authorisation procedure) and on terms to be
determined at our absolute discretion.
If we agree to accept any such goods for return you shall be liable
to pay a handling charge of (10%) of the invoice price. Such goods must
be returned by you to us carriage-paid and in the original packaging.
Goods which are in accordance with the agreement and are returned
without our prior written approval may at our absolute discretion be
returned to you or stored at your cost without prejudice to any other
rights or remedies we may have. Variations in description or specification
We may deliver goods of a different description or specification from
that agreed and as may be required to comply with any applicable safety
or statutory requirements or which do not materially affect the quality
or fitness for purpose of the goods.
Limitations upon our liability to you
Our liability to you for any breach of contract or negligence (save
and except our liability for negligence for death or personal injury)
shall be limited to the price of the goods together with any expenses
incurred by you in notifying us and returning the goods to us.
We shall not be liable for any consequential loss including without
limitation any loss caused by interruption of your business, loss of
electronic information or physical damage to property and whether
directly or indirectly caused by any breach of contract or by negligence
by us or by any servant or agent of ours.
We recommend that as a matter of good business practice you maintain
insurance and that you maintain a back up system and that you back up
your electronic information.
Choice of law and jurisdiction
This contract is subject to the law of Ireland.
All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of Ireland.
If any part of these terms and conditions shall be found to be
unlawful, it shall not affect the validity or enforceability of the
remainder of the conditions |