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Terms and Conditions of sale of ekohoofcare.com
“Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
“Consumer” shall have the meaning ascribed in section 3 of the Sale of Goods and Supply of Services Act 1980;
“Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating an order concluded between the parties, together with these Terms and Conditions;
“Goods” means the articles that the Buyer agrees to buy from the Supplier; the main characteristics of the articles in sale are as follows; Hoofcare products, Hoofcare equipment and hoof trimming machinery and all other associated equipment and products.
“Services” means the (services) (provision of a repair, consultation or educating exercise to a consumer or a consumers product.
“Supplier” means EkoHoofcare, the trading name of Millfarm Hoofcare of Milltown, Buncrana, Co Donegal.
“Terms and Conditions” means these terms and conditions of sale, consisting of Clause 1-15, and any special terms and conditions agreed in writing by the Supplier (as set out Clause 2.4);
“Website” means ekohoofcare.com
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer, where applicable, and pursuant to the Sale of Goods and Supply of Services Act 1980 or the Consumer Protection Act 2007.
These Terms and Conditions shall apply to all Contracts for the sale of Goods and/or supply of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods and/or commencement of supply of the Services shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
Any special conditions applying to the sale of Goods and/or provision of Services are set out in the Schedule to these Terms and Conditions or a Contract.
Any complaints should be addressed to the Supplier’s address or to the provided email address.
All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in www.ekohoofcare.com can be accessed once Goods and/or Services have been added to your shopping cart. In cases where a deposit has been agreed or received, this deposit is non-refundable unless otherwise agreed between the Buyer and Supplier.
- PRICE AND PAYMENT
The price of the Goods and/or Services shall be that stipulated on the Website. Where applicable, the price excludes delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
Payment of the price plus VAT and delivery charges, if applicable, must be made in full prior to the dispatch of Goods or commencement of supply of Services or, if the Supplier agrees to credit terms, within 30 days of the date of the invoice, but only if such credit terms are first agreed in writing.
Payment shall be made in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (the “Regulations”). Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment in accordance with the Regulations.
- PERFORMANCE OF SERVICES
The Supplier shall begin to perform the Services as soon as is practicable, after agreement with the Buyer.
The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
Either party may terminate a Contract (as regards some or all of the Services, but not, for the avoidance of doubt, as regards Goods) at any time for any reason by giving to the other 30 days’ prior written notice. In such circumstances any payment relating to the period following the date of termination, then due and payable shall be immediately due for payment and, if already paid in respect of such period will be non-refundable.
The Supplier may terminate a Contract (as regards some or all of the Services) or suspend the supply of some or all of the Services immediately on prior written notice if the Buyer breaches any term of this the Contract, including these Terms and Conditions. In such circumstances, any payment, whether relating to the period prior to or following the date of termination shall be immediately due for payment and, if already paid, will be non-refundable.
- RIGHTS OF SUPPLIER
The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
- AGE OF CONSENT
Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services, pursuant to the Age of Majority Act 1985 and/or are 18 years of age or older.
If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
Goods supplied within Ireland will normally be delivered within 7 working days (meaning Monday to Friday, excluding Irish bank and public holidays) of acceptance of order. This excludes hoof trimming crushes.
Goods supplied outside Ireland will normally be delivered within 14 working days of acceptance of order. This excludes hoof trimming crushes.
Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
- CANCELLATION AND RETURN
The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost. However, where the buyer is a consumer, the right to cancel shall inure at any time on the consumer giving 7 days notice in writing to the supplier. The consumer shall be obligated to pay only for the value of the service up to the date the notice of cancellation is received by the supplier. Where the consumer has already paid for the service, a refund shall be made less the value of the cost of the service calculated up to the date of cancellation.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by e-mail or phone within 24 hours of delivery with attached photographic evidence. if the Goods are damaged or do not comply with any part of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 5 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
- LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any default in the performance of a Contract, including, but not limited to, any breach of these Terms and Conditions, by the Supplier, the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services, the subject matter of the Contact, and, in addition, the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever or howsoever arising under or in relation to the Contract.
Nothing in the Contract, including these Terms and Conditions, shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
The Buyers particular attention is drawn to the Supplier limitation and exclusion of liability provisions
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under a Contract shall prejudice its rights to do so in the future.
- FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations under a Contract if the delay or failure results from events or circumstances outside its reasonable control, including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall in such circumstances be entitled to a reasonable extension of its obligations.
If any term or provision of a Contract, including these Terms and Conditions, is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the terms and provisions shall continue in full force and effect as if the Contract, including these Terms and Conditions, had been agreed with the invalid illegal or unenforceable provision eliminated.
- CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts under or in relation to a Contract, including these Terms and Conditions.