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NIFTY SALES LIMITED TERMS AND CONDITIONS
These terms and Conditions are the standard terms and conditions on which we supply any of the products (the “Products”) contained in our product catalogue or listed on this website (the “Website”) to you. Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. ABOUT US
1.1 The Website is owned and operated by Nifty Sales Limited, a company registered in Ireland under number 640417,whose registered address is 38 Croi an Bhaile, Carrabane, Athenry Co. Galway. Our VAT number is IE3590683IH
2. YOUR STATUS
2.1 By placing an order with us, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old.
3. FORMATION OF THE CONTRACT BETWEEN YOU AND US
3.1 Nothing provided by us including, but not limited to, the information on the Website, sales and marketing literature, price lists and other documents (the “Sales Materials”) constitutes a contractual offer capable of acceptance. Your placing of an order constitutes a contractual offer that we may, at our discretion, accept. A contract between us (the “Contract”) will only be formed when one of the events detailed in clause 3.2 or 3.3 occurs.
3.2 If ordering Products over the telephone or in person, the Contract is formed when you provide and authorise use of payment details to our sales representative
3.3 If ordering a Products on the Website, after placing an order you will receive an e-mail from us acknowledging that we have received your order (the “Order Acknowledgment”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (“Order Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Order Confirmation.
4. DESCRIPTION OF PRODUCTS
4.1 We have made every reasonable effort to ensure that the Products conform to illustrations, photographs and descriptions provided on the Website and in the Sales Materials. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate.
4.2 If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on the Website or in the Sales Materials, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.3 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements without notice, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel the Contract at any time within fourteen (14) days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk and in accordance with our Returns Policy. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 If you wish to return the Products after they have been installed by us, we may charge an additional fee to uninstall the Products.
5.4 These provisions do not affect your statutory rights as a consumer.
6. AVAILABILITY AND DELIVERY
6.1 When we send you an Order Confirmation, we will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Products, your location, and circumstances beyond our control.
6.2 Please note that delivery is currently only available within Ireland. For delivery outside Ireland, please contact customer care who will advise (a) if delivery is possible and (b) the associated delivery costs.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges will be as quoted on the Website or in the Sales Materials from time to time, except in cases of typographical or clerical error.
8.2 The Website and Sales Materials contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed may be incorrectly priced. We reserve the right to cancel the Contract in circumstances where an incorrect price of the Products was erroneously quoted.
8.2 Product prices include VAT.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9. OUR RETURNS POLICY
9.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Products in full, and any applicable delivery charges. However, you are required to return the Product to us and you are responsible for the cost of returning the Product to us.
(b) for any other reason, we will examine the returned Product and will notify you of our decision on whether to refund you or replace the Products via e-mail within a reasonable period of time. If a refund is to be awarded, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. INSTALLATION
11.1 We may, for an additional fee, agree to install the Products ordered, and our representative will attend the address at which the Products are to be installed during normal working hours or at such times as may be agreed in advance between us and you.
11.2 If our representative attends the address at which the Products are to be installed and is deems that he is unable to carry out the installation for any reason which is outside of our control, we may decline to install the Products.
11.3 If, after we install the Products, you are not satisfied with the installation then you must notify us in writing within 12 months and shall afford us the opportunity of both inspecting the installation carried out & carrying out any necessary remedial works if appropriate.
11. WARRANTY
11.1 We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description, be of merchantable quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. In these respects we warrant Products for 12 months following the date of delivery, and we warrant spares and accessories for a period of 12 months following the date of delivery.
12. LIABILITY
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 12.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time; or
(g) indirect or consequential loss.
However, this clause 12.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (g) inclusive of this clause 12.2.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) (fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. YOUR PERSONAL INFORMATION
13.1 We will only use your personal information as set out in our Privacy Policy, which is available on the Website.
14. WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES
15.1 All notices given by you to us must be sent to Nifty Sales Limited, 38 Croi an Bhaile, Carrabane, Athenry Co. Galway or sent by email to info@niftysales.ie. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge, or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. FORCE MAJEURE
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure”).
17.2 Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under a Contract is deemed to be suspended for the period that any Force Majeure continues, and we will have an extension of time for performance for the duration of that period.
18. WAIVER
18.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.
19. SEVERABILITY
19.1 If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the Contract.
20.2 We each acknowledge that, in entering into the Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract.
21. VARIATION
21.1 We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our business capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
22.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with the Contract or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.
