Introduction
This page states the "Terms & Conditions of Use and Sale" under which Customers and users (collectively "Users") may use www.garo.ie and related E-Shop. Access to this website and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read them. By proceeding further, you will be deemed to have accepted them.
Definitions
In these Terms & Conditions of Use, the following terms shall have the meanings indicated:-
"Company" means Garo Electric Ltd. or www.garo.ie and related E-shop
"Customers/Clients" means actual or potential customers of this website and who may also purchase goods, products and/or services from or via this website.
"Privacy Policy/ Statement" means our statement of practice as regards the privacy and security of your information when accessing and/or using this website and any of the features hereon; "you" means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website; "we" and "our" and "us" means the Company.
Use of the Website
Users may not use any Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene,
threatening, harassing abusive or hateful. All business undertaken by the Company is undertaken on the terms and conditions herein contained and any variations will only be binding on the parties hereto if such variation is in writing and signed on behalf of the Company. Any order placed by a customer is deemed to be upon the terms and conditions herein contained.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of any Company Site, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Company Site, overloading, "flooding," "spamming," "mail bombing" or "crashing" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company may investigate occurrences, which may involve such violations and may involve, and cooperate with, relevant enforcement authorities in prosecuting parties who are involved in such violations.
The Company is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption.
Please note that the Company cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this website and in availing of any of the services/information available on or via this website, you are deemed by these Terms & Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this website, and any goods, products and services available on or via this website, is at your sole risk
Registration Options and Password Security
Registration is obligatory if you wish to visit, browse or purchase on the E-Shop Site. A user must apply online providing their details as requested, such application constitutes acceptance of these terms of use. Registration and user access to the E-Shop is at the sole discretion of Garo. Users are responsible for maintaining the confidentiality of its information and password(s) assigned to Users. Users shall immediately notify the Company of any unauthorised use of any password of which Users become aware. Users agree to notify the Company promptly after the departure of any person to whom a password was provided and the Company reserves the right to cancel such password and issue a new password in lieu thereof. The Company reserves the right to periodically change issued passwords.
Disclaimer of Liability
No member of Garo Electric Ltd (or any other person involved with the provision and maintenance of this website) takes any responsibility for the accuracy of the information provided on this website. Use of such information is at the User's sole risk. No member of the Company accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of: (i) use of this website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or (ii) reliance on the information contained in this website, whether: (a) downloaded or not; (b) authorised or not.
The Company makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.
Garo Electric Ltd will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. The Company will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out or referred to herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Garo Electric Ltd will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. The Company total aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product or service in respect of one incident or series of incidents attributable to the same cause and no event shall exceed €100.
This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your purchase secure but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
All orders for the supply of goods placed by the Purchaser with the Company are irrevocable but shall not bind the Company until accepted in writing, or until the goods are delivered or invoiced to the Purchaser
Orders may not be cancelled without the prior agreement of the Company in writing. The Purchaser shall indemnify the Company against all loss (including loss of profit) or expense, however indirect or remote, resulting from the cancellation of an order or any other breach of contract by the Purchaser.
All quotations are given at current prices, but are subject to alterations without notice in accordance with prices ruling at time of delivery. The Company shall be entitled to recover from the Customer by way of addition to prices, such amounts which the Company may become liable to pay in respect at Value Added Tax or other legally imposed Tax in relation to the goods, also currency and other Surcharges will be charged, where applicable, at the rate ruling at date of dispatch.
Written or online confirmation of telephone orders should be clearly marked as such; otherwise the Company cannot be responsible should the order be duplicated. The Company reserves the right to refuse any order placed, or to refuse cancellation of any order, or to suspend delivery of any order from time to time, if the account is in arrears.
Delivery and Specification
All goods are offered and all orders are accepted subject to availability. The Company reserves the right to deliver such part of any order as permitted by the availability of the goods on order.
Whilst the Company shall always do its best to comply with a date quoted for delivery of goods it accepts no responsibility for loss or damage arising from failure to comply.
Delivery of goods shall be deemed to take place at the Company's premises unless otherwise agreed. It is the responsibility of the Purchaser to ensure the safety and security of goods after delivery, and the Company will accept no responsibility therefore. The cost of delivery at the Purchaser's own premises or those of a nominated agent will be charged extra to the Purchaser.
All illustrations and specification which relate to the goods are approximate only, and the Company reserves the right to make such alterations as it sees fit.
Absolute consistency of sizes, materials, proportions, colours and shades is not guaranteed by the Company.
The Company gives no guarantee or warranty whether expressed or implied in relation to the Goods but the Company shall do everything within its power to protect the Customers interests and to that extent shall assign to the Customer the benefit of such guarantee or warranty (if any) as may be given by the manufacturers in relation to the Goods. The Company does not accept liability for any consequential damage howsoever arising from the purchase by the Customer of the Goods whether the same may arise out of any use of the Goods or the installation of the same.
Any claim relating to goods delivered under this contract shall be notified to the Company in writing within 7 days from the date on which the said goods are received by the Customer or his agent and the Customer shall afford the Company reasonable facilities for examining the goods before they have been disposed of, or in any way altered. All goods damaged in transit and accepted in that condition by the Customer shall not be the subject of any claim hereunder
No claim for damages to or shortages of goods during transit will be considered unless the Company and the carriers are advised in writing within seven days of delivery of goods and no claim for non-delivery will be considered unless the Company and the carriers are advised within ten (10) days from date of dispatch of goods.
No claims for shortages or damages will be entertained unless goods are checked at the time of delivery in the presence of the carrier's employee. While every effort will be made to despatch goods on time, no responsibility will be accepted for late or non-delivery, or for any consequential loss whatsoever.
Returns Policy
When you purchase online, you may have a statutory right to return a product (other than a special order) up to 7 days after your order has been delivered (cooling off period) if your purchase is not suitable, we will accept it back under the following terms:
The Company does not trade on a "sale or return" basis.
Goods correctly supplied may not be returned without the Company's agreement in writing. Goods so returned must be consigned Carriage Paid and accompanied by a Packing Note stating the Company's Delivery Note Number. The Company reserves the right to make a re-stocking charge. Goods will be accepted only if returned in perfect condition and in unopened and perfect packaging. A clear and authorised signature must be obtained from the Company
It is the responsibility of the Purchaser to check in every respect that the goods are perfect, correct and suitable for purpose and processing prior to commencement of any processing.
All items you wish to return have to be received by us within 14 days of delivery after the Company's agreement in writing to such return. Please note that you will be responsible for the cost of returning the goods to us under the above circumstances. In terms of EV chargers If you the customer or contractor has an issue with their charger, you / they must first contact our office or your local Sales Engineer with details of the issue being encountered and we will discuss the problem with them and if necessary arrange for a site visit as soon as possible. We will no longer be accepting EV Chargers directly to our Returns department, if the above process has not been followed.
Damaged Goods
Claims against the Company
Any claim relating to goods delivered under this contract shall be notified to the Company in writing within 7 days from the date on which the said goods are received by the Customer or his agent and the Customer shall afford the Company reasonable facilities for examining the goods before they have been disposed of, or in any way altered. All goods damaged in transit and accepted in that condition by the Customer shall not be the subject of any claim hereunder
Goods received damaged should be signed for as 'Damaged', otherwise claims in this regard cannot be submitted. Customers are asked to note the prescribed periods for notification of damage to or shortage and non-delivery of goods and the submission of claims in respect thereof.
The Company shall not be liable for any loss resulting from Customers' failure to comply with the requirements of the Railway Executive, Haulage Companies and Post Regulations and the Customer undertakes to indemnity the Company against such loss (if any).
No claim for damages to or shortages of goods during transit will be considered unless the Company and the carriers are advised in writing within seven days of delivery of goods and no claim for non-delivery will be considered unless the Company and the carriers are advised within ten (10) days from date of dispatch of goods.
Goods are supplied on the understanding that their value does not exceed the net invoice price of such goods. Under no circumstances shall the liability of the Company to the Purchaser or any third party in respect of goods supplied exceed the net invoice price of such goods.
Goods which have been damaged by the Purchaser or otherwise processed cannot be returned. It is the Purchasers responsibility to check suitability of goods prior to processing. The Company does not accept responsibility or liability for minor manufacturer's variations in the quality, consistency or size of the goods supplied.
The conditions of and warranties relating to the contract are limited to those stated in writing by the company. The Purchaser agrees that an order for goods by reference to a product name, number or description shall be to the basic standard version of those goods and that supply of them will fulfil the Company's obligations.
Waiver and Set-off Lien
A waiver by the Company at any term or condition shall not constitute a general waiver of such term or condition.
Any claim or claims in respect of goods delivered under this contract shall not be grounds for withholding payment of accounts and shall not give any right of set-off against payment due to the Company.
No payments may be withheld nor may any counterclaims or the Purchaser be set off against any payment due under this or any other contract.
Prices
All prices for goods are quoted exclusive of all taxes, duties or charges unless otherwise stated.
Carriage charges for transport of goods from the Company's premises do not include the cost of insurance, which is the responsibility of the Purchaser.
The Company reserves the right to vary the price of goods or carriage charges from time to time.
Payment and Credit
Credit will not be extended to the Purchaser unless an application for credit has been made on the Company's form and approved by the Company.
Where a Purchaser has been granted a credit account, payment is due within 30 days from the date of invoice unless otherwise agreed in writing by the Company. Where no credit account is granted to the Purchaser, payment is due immediately upon the date of invoice.
Interest will be charged by the Company on all overdue sums at the rate of 2% per calendar month in which payment is due or part thereof, and such interest shall continue to be payable after any court judgement. The Company reserves the right to refuse to despatch goods to a Purchaser whose credit account is overdue or whose credit limit has been exceeded.
A charge of €25 will be made in respect of each instance of a returned or represented cheque. The Company reserves the right to refer overdue accounts to their solicitors and the purchaser shall reimburse the Company for any legal costs thereby incurred.
Title to Goods
(a) The property in the goods shall not be deemed to have passed to the Customer until the goods and any debts owing to the Company whether arising from this contract or otherwise have been paid for and discharged in full.
(b) In the meantime the goods shall remain the sole property of the Company and the Customer shall be bailee thereof.
(c) If the Customer fails to pay any sums due in accordance with the terms of this agreement the Company may after giving seven days' notice in writing to the Customer take possession of the goods and may for that purpose by himself his servants or agents enter upon any land or premises on or in which the goods or any part of them are believed by the Company to be situated.
(d) The Customer agrees not to sell, assign, sub-let or otherwise part with the possession of the goods until the property in the goods passes to the Customer in accordance with the provisions of paragraphs (a) and (b)
(e) The risk of any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Customer from when the Customer his servants, licensees or agents receive possession of the goods
(f) If payment is overdue and not discharged, the Company may without prejudice to any of its rights and remedies and with due warning to the Customer by registered mail, recover and resell any or all such goods and may enter upon the Customer's premises for that purpose. Recovery costs will become the liability of the Customer and shall include all labour, tools, plant hire and all other relevant charges/costs.
Termination by Company
If the Purchaser commits any breach of or fails to comply with any terms of the contract or become insolvent the Company shall have the right to (without prejudice to its other rights or remedies) terminate the contract or any other part of it, to withhold delivery of goods and demand payment of all sums due by the Purchaser to the Company.
Safety
If any safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance, or contact us directly.
Specifications
All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products and are not be deemed to form any part of the contract (unless explicitly included in writing by the Company). Specifications, colours, etc. may change from time to time.
Modification of Terms
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the website
Age and Responsibility
To purchase from this Website you must be aged 18 and over. Our Site may contain links to third party web sites. These links are provided solely as a convenience to Users and/or other users and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third party websites, Users do so at their own risk. No third party is permitted to create a link from another website to this website without our prior written consent.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any Company Site from outside of Ireland, they do so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the Irish Courts and the Terms & Conditions of Use shall be construed in accordance with the law of Ireland. If any provision of these Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.
Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained or reproduced on this website.
Amendments
The contents of this website, including these Terms & Conditions of Use, any information contained on this website and the Company's Privacy Statement are subject to change and to being updated without notice from time to time..
Privacy Statement
The Company will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions of Use, the Terms and Conditions of Use shall prevail.
Force Majeure
The Company shall not be under any liability of any kind for the non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the Company or of the Company's suppliers or due to labour disputes.
Termination
We may terminate and/or suspend the website, with or without cause and at any time, without notice and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions and/or at our sole and absolute discretion and without giving reason.
Jurisdiction and Governing Law
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) or part thereof of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Use in Ireland Only
The Website is controlled and operated by Garo Electric Ltd. from its premises in Ireland. The company cannot guarantee that the Website and the Products or Services offered thereon complies with or is appropriate for use in other jurisdictions and makes no representation that the Site is appropriate or suitable for use in other countries other then Ireland. If you choose to access the Website from other locations outside of Ireland, you are responsible for compliance with local laws if and to the extent local laws are applicable.
Use of Material / Intellectual Property Rights
The Company grants a non-exclusive non-transferable, limited personal licence to Users to view and download copies of (i) the publicly accessible material and (ii) the material available from those additional areas of www.garo.ie for User's personal use in accordance with these Terms & Conditions of Use.
Unauthorised use of the Material may violate copyright, trade mark, and other laws. The Company retains all copyright, trade mark, service-mark and other proprietary notices contained in the original Material and any copy Users make of the Material. Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent owned otherwise permitted herein, the use of the Material on any other website or in a networked computer environment for any purpose is prohibited. Users may not copy or adapt the HTML code that the Company creates to generate its pages. Such HTML code is also protected by the Company's copyright
The Company specifically prohibits any use of any Company Site, and all Users agree not to use any Company Site, for any of the following:
Posting any incomplete, false or inaccurate information or information which is not User's own.
Posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Company Site or any activity being conducted thereon.
Disclosing to or sharing a password with any party that is not expressly permitted to use such password, or using a password for any unauthorised purpose.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site.
The information on this website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this website, you should not continue any further