Terms and Conditions of Service
GENERAL
This website is owned and operated by: Caterclick
In this Agreement, the “Customer” means any person who places an Order with Caterclick (either as a private consumer or as a business); the “Goods” means any items sold or supplied by Caterclick.ie under an Order; “Order” means any request or order to purchase the Goods; “Website” means the Website operated by Caterclick at www.caterclick.ie or any successor or replacement website operated by Caterclick; and the “Parties” refers to the Customer and Caterclick.
Terms and Conditions of Caterclick
- Validity
1.1 This Agreement is the only form of contract between the Parties and these terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement.
1.2 Any Order is subject to acceptance by Caterclick. Caterclick is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Caterclick does not in itself constitute acceptance by Caterclick of the Order.
1.3 Caterclick may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Caterclick Website or catalogue.
- Terms of Payment and Payment Methods
2.1 The Goods shall be payable at the prices listed on the Caterclick Website at the time of the Order. Caterclick reserves the right to update prices on the Caterclick Website from time to time. A delivery charge may be payable in addition to the price of the Goods. All prices are quoted in Euro. Payments by credit cards incur a fee of 1.5%, there is no charge for debit/laser cards.
Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Caterclick shall be under no obligation to honour the incorrect price or Order.
Payment for Goods and Delivery may be made by any of the options listed on the Caterclick Website or catalogue. Cheques and cash usually require a minimum of 7 working days to clear and the Customer account, order or quote number MUST be referenced with payment. Caterclick reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any returned cheques returned by a bank will be subject to an administration fee of €25 each.
All Orders may be subject to further credit or security checks.
- Termination
3.1 Caterclick reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
3.2 Caterclick reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Examiner, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
3.3 Caterclick reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Caterclick reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
3.4 Caterclick reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
- Goods being Sold
4.1 Descriptions and specifications for the Goods are set out on the Caterclick Website at the time of the Order. The contents of this catalogue have been compiled from information received from our suppliers and while every effort is made to correct mistakes, size and specifications may change without prior notice.
4.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Caterclick may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
4.3 If any Goods are unavailable or out of stock then Caterclick will contact the customer to notify them of same and can cancel the Order in part and refund any monies paid and / or issue a credit note. Alternatively, Caterclick may vary the Order with the Customer’s approval.
4.4 Customers placing Orders for Goods confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
- Delivery
5.1 If an Order is placed by a customer and accepted by Caterclick before 1pm on a working day (a working day being any day other than weekends and bank/public holidays), stocked products are usually delivered within 24 hours from the time of acceptance of the Order within the mainland of the Republic of Ireland (excluding certain remote areas). Delivery times are stated as a guideline and are subject to change.
5.2 Caterclick will use reasonable endeavours to meet delivery estimates in all cases however Caterclick cannot be held liable for any loss or damage due to delay in delivery.
5.3 Goods delivered are used, stored and installed at the Customer’s own risk and Caterclick will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Caterclick to the Customer before delivery.
5.4 Caterclick cannot accept any claims for goods signed for in good condition and marked unchecked. However, if goods are damaged, please reject them and notify us immediately. It is essential you do not sign for the goods before you check them as once signed we can not be held responsible. Goods that are missing from delivery must be reported to Caterclick in writing within 24 hours of delivery.
5.5 Delivery as standard is a kerb side delivery to a ground floor site. In most cases this will be between the hours of 7.30am and 6.30pm but the courier may call you outside these hours. This does not include unpacking or positioning which must be done by the customer. Drivers will be unable to assist with the unpacking process due to Liability insurance regulations.
5.6 Please DO NOT book any fitters or installers of the equipment ordered until after the goods have been delivered and inspected by yourself. Caterclick will not take any responsibility for any costs incurred as a result of arranging this in advance of delivery.
5.7 The Customer is responsible for ensuring that all items will fit onto or within the premises. You (the Customer) are advised to check all entry door dimensions to ensure the product will fit onto or within the site. Any charges caused by an aborted delivery due to this will be passed onto the Customer.
5.8 Installation and Usage of the Goods
The Customer need to ensure that all power supplies, water and gas connections are appropriate for the goods supplied. All gas powered goods must be fitted by a GAS SAFE approved fitter and all electrical goods by a qualified fitter. Caterclick will accept no liability for damage to goods or any other liability or loss caused by incorrect fitting or installation. Caterclick reserves the right to ask for the installation and service engineer reports for warranty claims.
- Returns
6.1 Only products which are standard stock items and have been approved by the company for restocking will be accepted. In this case a 30% restocking fee is charged with 50% for goods unpacked. The Customer will be responsible for the direct cost of returning the Goods to Caterclick. Returns can be made by contacting our returns department – [email protected]
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- Limitation of Liability
7.1 The Customer agrees that Caterclick aggregate liability for any losses or damage of any kind suffered by the Customer under or in connection with this Agreement shall be limited (to the maximum extent permissible under applicable law) to the actual amount paid by the Customer to Caterclick for the Goods under the relevant Order. Caterclick shall not be liable, to the maximum extent permissible under applicable law, for loss of business, business interruption or loss of time or any indirect or consequential loss due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Caterclick statutory liability for personal injury or death or for fraud.
7.2 Except as expressly stated in this Agreement, Caterclick hereby excludes, to the fullest extent permitted by applicable law, all conditions and warranties (express or implied, statutory, customary or otherwise) which, but for such exclusion would or might subsist in favour of the Customer.
7.3 Goods sold are not insured for delivery unless confirmed as insured by Caterclick on acceptance of the Order.
- Jurisdiction
8.1 This Agreement is governed by the laws of the Republic of Ireland and the Parties shall be subject to the exclusive jurisdiction of the Irish courts.
8.1 Any notice to be served under this Agreement may be emailed.
- Intellectual Property Rights and Confidentiality
9.1 Goods sold or supplied by Caterclick may be subject to copyright (whether owned by Caterclick or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Caterclick harmless for any breach of said covenant.
9.2 The Customer’s data protection and privacy rights under this Agreement are set out in Caterclick privacy policy (available on the Caterclick Website).
Terms and Conditions of Service of business
Indemnification, Liability, And Limitation
The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents. In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms. You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence. For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss. Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
Sales Of Services
If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any service at any time. In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.
Refunds
We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis. We encourage you to contact us as soon as possible after delivery should you discover a fault or defect in the services or digital goods.
Social Media Platforms
Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively. You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details. We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.
Data Protection, Privacy And Security
Your rights to data protection and privacy, including security over data, are very important to us. We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service. This website processes information from you as per our Privacy Statement. When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.
Governing Law And Disputes
This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply, and the appropriate courts of the Republic of Ireland will have jurisdiction.
Variation Of These Terms & Conditions
We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time.
Severability
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
Entire Agreement
These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
CONTACT INFORMATION
You may contact us by e-mail at the following address: [email protected]
Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.