(a) These are the terms and conditions which apply when we supply products to you. The contract is with AMG2Home T/A Foam2Home.
(b) These terms and conditions apply to all orders placed via our online shop https://www.foam2home.ie by you acting as consumer. ‘Consumer’ means a persona acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. Where you place an order on our online shop and are not acting as a Consumer, these terms and conditions may vary in certain respects.
(c) We recommend that you read these terms and conditions carefully before submitting an order to us.
2. HOW THE CONTRACT IS FORMED
(a) Our offer of goods on our website constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our online shop.
(b) When purchasing goods via the online shop, the goods you intend to purchase are placed in the virtual “shopping cart”. Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details and select the method of payment.Prior to purchase, you are afforded the opportunity to check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.
(c) Our acceptance of your order will take place when we email you to accept your order. At this point, a contract will come into existence between you and us.
(d) If we are unable to accept your offer, we will inform you of this and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price or description of the product(s).
(e) It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product(s)’s correct price at your date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
All goods supplied are subject to availability and the Company reserves the right at any time without prior notification to change the contents, specification, design and packaging of the goods.
(a) The prices stated on the order page when you placed your order are the final prices.
(b) The final prices include VAT (if applicable). The final price includes all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes, charges and/or duties be required by the Customer for payment, to the responsible customs tax authorities.
(c) Unless the prices quoted by the Company are specifically stated as fixed, prices shall be subject to increase without notice to reflect any increase in the cost of labour and/or materials required in connection with the goods between the date the order is accepted and the date the goods are despatched. For the purpose of this condition the cost of materials shall include any increase in existing duties or taxes or the imposition of any novel duties or taxes payable in respect of the importation, purchase, sale, processing or use of such materials.
5. INCORRECT ORDER
(a) The Customer is responsible for ensuring they have provided the Company with the correct measurements. If the measurements are incorrect as result of the Customer’s error, the Customer will not be entitled to a refund.
(b) Where an order is placed and accepted for goods differing in size or quality from the goods specified in the Company’s quotation or where the Customer requests alterations or modifications to the goods during the course of their manufacture or requests changes to the quoted delivery times then an additional charge may be made.
6. OUR PRODUCTS
Product(s) may vary from their pictures. The images of the product(s) on our website are for illustrative purposes only.
(a) We aim to deliver the product(s) to you within 14 days after the day on which we accept your order. Delivery dates are estimated only and not guaranteed and the time for delivery shall not of the essence of the contract. The Company will endeavour to meet the Customerr’s delivery requirements but shall not be liable for any loss or damage whether direct consequential or otherwise caused by any delay in delivery.
(b) We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside of our control then we will contact you as soon as possible to let you know.
(c) The products will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.
(d) If after failed delivery or you do not collect the product(s) from us and if, despite our reasonable efforts to contact you to re-arrange delivery or collection, we may end the contracted claim for any loss caused by your refusal to take delivery.
(e) ) The Company shall have no liability in respect of goods lost or damaged in transit if it has agreed to deliver the goods unless the Customer or its agents notes such loss or damage on the delivery receipt and gives notice thereof in writing to the Company within seven days of receipt.
(f) The Company shall be entitled to make deliveries by installments or partial deliveries. Each installment shall be construed as constituting a separate agreement to which all the provisions of these conditions shall (with any necessary alterations) apply. Failure by the Company to deliver any one or more installments in accordance with these conditions or any claim by the Customer in respect of one or more installments shall not entitle the Customer to treat the contract as a whole as repudiated.
8. DELIVERY AREA
Unfortunately we do not accept orders from or deliver to addresses outside the Republic of Ireland and the United kingdom.
9. RISK AND TITLE
(a) Risk of damage to or loss of the goods shall pass to the Customer:
(i) in the case of goods to be collected at the Company’s premises, at the time when the Company notifies the Customer that the goods are available for collection;
(ii) in the case of goods to be delivered otherwise than at the Company’s premises, at the time of delivery or if the Customer wrongfully fails to take delivery of the goods, the time when the Company has tendered delivery of the goods.
(b) Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, we retain ownership of the purchased item until the invoice has been paid in full by you..
10. WARRANTY AND LIABILITY
(a) The Company will not be liable for any direct, indirect, incidental, including but not limited to, damages for loss of profit, goodwill, use, damage to property, data or other intangible losses (even if the Company has been advised of the possibility of such damages).
(b) Where the Company has given the Customer technical advice about its goods and their possible application to the Customer’s business the Company accepts no responsibility whatsoever for any deficiencies in the performance of its goods where the Customer used them either in applications not known to or recommended by the Company or for any applications outside the scope of any technical advice given by the Company.
(c) Subject as expressly provided in these conditions and except where the goods are sold to a person dealing as a consumer, all conditions, warranties or other undertakings concerned with the condition, quality or merchantability of the goods, their fitness for any purpose or correspondence with any description or sample, whether express or implied by statute, common law, custom, usage or otherwise, are excluded to the fullest extent permitted by law. Without prejudice to the foregoing the Customer shall satisfy itself that the goods are suitable for the purpose for which it is intended to use them.
(d) Where the goods are sold under a consumer transaction the statutory rights of the Customer are not affected by these conditions.
(e) The Company will be responsible for:-
(i) the bodily injury or death of any person to the extent that such bodily injury or death is directly caused by its negligence or by the negligence of any person for whose acts it is responsible;
(ii) for fraud or fraudulent misrepresentations;
(iii) for breach of your legal rights in relation to the product(s)
(f) We are not liable for business losses. We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial, business or re-sale purpose we will have no liability to you or any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. INTELLECTUAL PROPERTY
(a) All estimates, designs, drawings, plans or models prepared by the Company for the Customer’s information or in connection with the contract remain the property of the Company and are copyright and shall be returned to the Company on its demand. The Customer expressly agrees to keep such documents confidential and not to copy the same nor to supply the same to any third party for any purpose whatsoever nor to use the same except for the purpose of contracts placed by the Customer with the Company from time to time.
(b) The Customer shall indemnify the Company against all damages, claims, demands and expenses to which the Company may become liable or may incur as a result of goods supplied or work done in accordance with the specifications or instructions of the Customer which involve the alleged or actual infringement of any copyright, letters patent, registered design or trademark.
12. CUSTOMER’S ASSURANCE
The Customer shall not without the written consent of the Company:-
(i) make any representation or give any warranty in the name of the Company relating to the Company’s goods or
(ii) sell the Company’s goods in the name of the Company or
(iii) hold itself out as the agent of the Company for any purpose.
Where either party sends samples to the other party for any purpose the receiving party will return the samples at its own cost on request by the other party provided that such request is notified on or before the time of delivery. In the absence of any such request either party shall have the right to scrap samples after a reasonable period. Notwithstanding the foregoing the contract shall not be a contract for sale by sample.
14. FORCE MAJEURE
Neither the Company nor the Customer shall be liable to the other or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the goods, if the delay or failure shall be beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control: Act of God, explosion, flood, tempest, pandemics, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the Customer or the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
16. CUSTOMER SERVICE
Our Customer service for questions and complaints is available from 10am to 2pm on weekdays. Email: firstname.lastname@example.org
(a) Any notice shall be in writing and shall be served by sending the same by pre-paid first class post or email to the registered office for the time being of a company or to the last known principal place of business of an individual or firm and if sent by pre-paid first class post it shall be deemed to have been served 48 hours after the time it was posted and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted and if sent by fax to the recipient’s fax it shall be deemed to have been served when the sender receives confirmation of receipt.
(b) No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
(c) If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
(d) The headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.
These terms and conditions shall be governed by and construed in accordance with Irish law and the parties hereto submit to the exclusive jurisdiction of the Irish Courts. In the event that the Company issues proceedings against the Customer under the contract in any County Court, the Customer agrees to submit to the jurisdiction of the particular County Court in which such proceedings are issued.