1

Interpretation

1.1

In these terms:

1.2

The headings in these terms are for convenience only and shall not affect their interpretation.

2

Formation of the Contract

2.1

These terms of sale apply to all Goods supplied by the Seller.

2.2

The quantity, quality and description of the Goods and any specifications for them shall be set out in the Buyer’s order (if accepted by the Seller).

2.3

The Buyer shall ensure that the terms of the order and any applicable specifications for the Goods are complete and accurate.

2.4

No contract exists between the Buyer and the Seller for the sale of any Goods until the Seller has received and accepted your order and sends you Written notice of confirmation to the email address or address you have given. Once the Seller does so there is a legal binding contract between the Seller and the Buyer.

2.5

The Seller may change these Terms without notice to you in relation to future sales of Goods.

3

Description and Price of Goods

3.1

The description and price of the Goods you order will be as shown on the Seller‘s website at the time you place the order. Due to the nature of solid timber furniture the Seller can not be held liable for variations in colour, texture and shape of the Goods supplied.

3.2

Every effort is made to ensure that prices shown in the Seller‘s website are accurate at the time you place the order. If an error is found, the Seller will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Seller will refund you for any sum which has been paid by you for the Goods.

3.3

In addition to the price, you will be required to pay a delivery charge for the Goods as shown in the section of the Seller‘s website about delivery.

3.4

The price of Goods and delivery charged are inclusive of VAT.

4

Payment

4.1

Payment for Goods and delivery charges can be made by any method shown on the Seller’s website at the time you place your order.

4.2

No payment will have been deemed received until the Seller has received cleared funds.

4.3

Payment is due in full and in Euros on placement of the order on the Seller‘s website.

5

Delivery

5.1

Unless otherwise specified in your order, the delivery of the order shall take place in the Seller’s place of business.

5.2

If you have requested delivery in your order, the Goods will be delivered to the address you gave when you placed your order, except that deliveries are not made to islands as detailed on the website at the time you place the order. The delivery service does include Northern Island and the United Kingdom.

5.3

If delivery cannot be made to your address, the Seller will inform you as soon as possible and refund you for any sum that has been paid by you for delivery. An administration and restocking fee may apply.

5.4

You will take delivery of the Goods within seven days of the Seller giving you notice that the Goods are ready for delivery.

5.5

Every effort will be made to deliver your Goods once they are ready. However the Seller will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case the Seller will inform you as soon as possible.

5.6

You will become responsible for risk of loss or damage to the Goods once they have been delivered to you.

5.7

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may:

5.7.1

store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of the storage; or

5.7.2

sell the Goods at a reasonable price at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for any shortfall below the price under the Contract.

6

Your right of Cancellation

6.1

Where the Goods are made to the Buyer‘s specifications, you have the right to cancel the Contract at any time up to the end of five working days after you place your order. A working day is any day other than weekends and bank or public holidays. After that time there is no right of cancellation of the Contract.

6.2

Where the Goods are not made to the Buyer‘s specifications, you have the right to cancel the Contract at any time up to the end of seven working days after you receive the Goods.

6.3

To exercise your right of cancellation you must give Written notice to the Seller to the email, fax number or address shown below, giving details of the Goods you ordered.

6.4

If you exercise your right of cancellation under clause 6.2 above, you will be responsible for returning the Goods to the Seller at your own cost. The Goods must be returned to the Seller‘s premises at Valleymount, Blessington, Co. Wicklow. You must take reasonable care that the Goods are not damaged in the meantime or in transit. If you do not return the Goods as required, the Seller may charge you a sum not exceeding the costs of recovering the Goods.

6.5

Once you have notified the Seller that you are cancelling the Contract, the Seller will refund you within 30 days for any sum that has been paid by you for the Goods.

7

Risk and Title

7.1

The Goods are at risk of the Buyer from the time of the delivery.

7.2

The ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due in respect of:

(a)

the Goods, and

(b)

all other sums which are or which become due to the Seller from the Buyer on any account.

8

Warranties and Liabilities

8.1

All Goods supplied by the Seller are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.

8.2

This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Seller, failure to follow the Seller’s instructions, or any alteration or repair carried out without the Seller‘s approval.

8.3

The above warranty does not extend to parts, materials or equipment, not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

8.4

If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should give Written notice to the Seller at the email address, fax number or address previously notified.

8.5

A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect and failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.6

Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specifications is notified to the Seller according with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.

8.7

Any Goods replaced shall belong to the Seller and any repaired or replacement Goods shall be guaranteed on these Terms for the unexpired portion of the 12 month period.

8.8

Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or duty at common law, or under the express terms of the Contract, for the loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents, or otherwise) which arise out of or in connection with the supply of Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

8.9

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

8.9.1

Act of God, explosion, flood, tempest, fire or accident;

8.9.2

War or threat of war, sabotage, insurrection, civil disturbance or requisition;

8.9.3

Acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any governmental or local authority;

8.9.4

Import or export regulations or embargoes;

8.9.5

Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

8.9.6

Difficulties in obtaining raw materials, labour, fuel, parts or machinery; or

8.9.7

Power failure or breakdown in machinery.

9

Data Protection

9.1

The Seller will take all reasonable precautions to keep the details of your order and payment secure, but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by you.

9.2

The Seller will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about yourself, or ask for information about you to be deleted, by giving written notice to the Seller at the email address, fax number or address shown below.

10

General

10.1

If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

10.2

The Contract shall be governed by the laws of Ireland, and the Buyer agrees to the non-exclusive jurisdiction of the Irish courts.