Making a purchase
This section (together with the documents referred to on it) tells you the TERMS and CONDITIONS on which we supply any of the products (Products) listed on our website www.newlands.ie (our site) to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1) Information about us
www.newlands.ie is a site operated by Mr Micheal Devitt (trading as Newlands Garden Centre (we).
2) Service availability
a) Our site is available for use by individuals resident in any country within the European Union.
We reserve the right at any time to add to remove or otherwise vary the countries we sell to.
3) Your status
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old; and c) You are resident within the European Union.
4) How the contract is formed between you and us
a) After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. 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 the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
b) The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5) Our status
a) Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
b) We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6) Consumer rights
a) If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products (or, if being collected by the customer or his agent – beginning the day after the goods are stated as being ready for collection). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
b) To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them inclusive of all original packaging, and at your own cost and risk. 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.
c) You will not have any right to cancel a Contract for the supply of any of the following Products: Lengths of wire Lengths of wire with swaged fittings attached Lengths of rope/lines with or without fittings attached Lengths of chain with or without fittings attached. Any customised or added value product. Any ‘one off’ package quoted, created and supplied to a specific customer. (We will attempt to restock items, but a charge will be made – normally 7.5%).
d) Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7) Availability and delivery
a) Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation. We aim to despatch goods in stock within 1-2 working days of receipt of order.
b) Delivery is to Ireland address (not a PO Box Number) by courier or, for small items, by first class post. Where goods are sent by courier it is a requirement that delivery of goods are signed for by an adult over 18 years of age. For your convenience, courier services are a next day service. If you are unable to be at home during delivery then please notify us ASAP.
c) Delivery to a non-Ireland address will be made by our nominated courier and will be made in accordance with the couriers normal delivery requirements. You will be advised of delivery details and costs prior to despatch of the order. d) You must advise us of any non-delivery of goods within 7 days of despatch.
e) From time to time delays in delivery are inevitable due to non-availability of products. If we are unable to deliver the goods ordered by you we will notify you or we may, at our discretion, supply or deliver a substituted product or refund any monies paid for such goods. f) From time to time product specifications from a manufacturer may change. In such circumstances we will do our best to offer you a similar alternative. All sizes and measurements are approximate and are as provided by the manufacturers specification. We cannot take any liability for the inaccuracy or otherwise in relation to any specifications or measurements provided by a manufacturer or other third party.
8) Risk and title
The Products will be at your risk from the time of delivery.
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.
9) Price and payment
a) The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
b) These prices include VAT but exclude delivery costs, which will be added to the total amount due. Where VAT is not applicable this will be refunded at the point of despatch of the goods.
c) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
d) Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
e) We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
f) Payment for all Products must be by credit or debit card. We accept payment with all major credit cards including Mastercard, Visa, Delta and Laser. We will not charge your credit or debit card until we despatch your order.
10) Our refunds policy
a) When you return a Product to us: Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, however, you will be responsible for the cost of returning the item to us. For any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies) and will notify you of your refund via e-mail within a reasonable period of time. 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 the amount of the refund. In relation to any products returned by you because of a defect these will be either refunded or repaired/replaced at the discretion of the manufacturer of the product in accordance with clause 10.2 below.
b) Any goods sold by us will have the benefit of the manufacturers warranties which will be for 12 months unless otherwise stated. All warranties are subject to the manufacturers terms and conditions. Any defective goods returned to us within the manufacturers warranty period will be repaired or replaced at the sole discretion of the manufacturer and will be subject to compliance with the terms of their warranty. All other warranties and guarantees are expressly excluded so far as the law permits.
c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
d) Refunds outside the 7 day cooling off period are entirely at our discretion, by agreement in advance, and will have a restocking charge applied to them (normally 7.5%).
e) All statutory rights remain unaffected.
11) Our liability
a) We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
b) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
c) This does not include or limit in any way our liability: For death or personal injury caused by our negligence; Under section 2(3) of the Consumer Protection Act 1987; For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: Loss of income or revenue Loss of business Loss of profits or contracts Loss of anticipated savings Loss of data Loss of data, or Waste of management or office time
e) Where you buy any Product from a third party seller through our site, the sellers individual liability will be set out in the sellers terms and conditions.
12) Import duty
If you order Products from our site for delivery outside the Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13) Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
All notices given by you to us must be given to Newlands Garden Centre, New Road, Clondalkin, Dublin 22, Ireland. 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 13. 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.
15) Transfer of rights and obligations
a) The contract between you and us is binding on you and us and on our respective successors and assigns.
b) You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
c) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
a) If we fail, at any time during the term of a 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
b) A waiver by us of any default shall not constitute a waiver of any subsequent default. c) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a 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.
18) Entire agreement
a) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
b) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
c) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other partys only remedy shall be for breach of contract as provided in these terms and conditions.
19) Our right to vary these terms and conditions
a) We have the right to revise and amend these terms and conditions from time to time.
b) 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 Dispatch 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).
20) Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Ireland.