GIY Ireland - Together We Grow - terms of service

By: Giy Ireland  05/12/2011

These terms conform to the Consumer Protection (Distance Selling Regulations) 2000 (the “DSR's”) and other relevant consumer protection legislation.


Format of the Contract

1.1 These terms of sale apply to all goods supplied by GIY Ireland (Activities) Ltd.  Having its registered office at Arclabs Carriganore Co Waterford

1.2 No contract exists between you and GIY Ireland ( Activities) Ltd for the sale of any goods until GIY Ireland ( Activities) Ltd has received and accepted your order and has received payment in full (in cleared funds). Once GIY Ireland (Activities) Ltd does so, there is a binding legal contract between both parties.

1.4 In keeping with the DSR's, the contract is subject to your right of cancellation.

1.5 GIY Ireland (Activities) Ltd may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on GIY Ireland (Activities) Ltd website at the time you place your order.

2.2 The goods are subject to availability. As a few of GIY Ireland (Activities) Ltd suppliers import goods from manufacturers, some of the goods you have ordered may not be available from stock for immediate despatch. The delay in stocking will only be a few days, but in certain instances, it may be longer, particularly if there has been an unexpected demand, shipping delays or manufacturing problems. GIY Ireland (Activities) Ltd will inform you as soon as they are made aware of such delays and will give you the opportunity to either cancel the contract, with a full refund, or to extend the term of the contract until delivery of the goods can be made. Although GIY Ireland (Activities) Ltd will try to give you the best information available to them, they do not accept any responsibility for the correctness of the information provided. Any decision to extend the length of the contract lies with you.

2.3 In some circumstances, GIY Ireland (Activities) Ltd suppliers may discontinue products, may reduce the availability of an item to specific times of the year or modify the products shown on the website, without informing us in advance. As soon as this information is determined, GIY Ireland (Activities) Ltd will contact you to offer the choice of cancellation of the contract, with a full refund or the extension of the term of the contract until delivery of the goods can be made. GIY Ireland (Activities) Ltd may also offer a close replacement product offer where one is available however it will be the decision of the customer as to whether they want to accept this offer or not.

2.3 The prices shown on GIY Ireland (Activities) Ltd website are the only prices valid when placing an order. Every effort is made to ensure that prices shown are accurate at the time you place your order. If an error is found, GIY Ireland (Activities) Ltd will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order. Any pricing error shown in catalogues, whether printed or virtual and/or leaflets are overridden by the prices shown on GIY Ireland (Activities) Ltd website.

    2.4 From time to time, GIY Ireland (Activities) Ltd may offer products at a special promotional price and the website prices will be changed to the promotional price for the duration of the promotion. The end date of the promotional price will be stated on the promotional medium and orders placed after this date will be subject to the usual price. Short term promotional prices may be featured in catalogues, leaflets or e-mail promotions, will be stated to be short term promotional prices and the website price will only be valid until the stated date on which the promotion ends. If you choose to cancel for the stated length of the promotion.

2.4 In addition to the price of the goods most dispatches are subject to a packaging and delivery charge

3. Payment

3.1 Payment for the goods and delivery charge can be made by any method shown on GIY Ireland (Activities) Ltd website. Should the method of payment not be accepted by GIY Ireland (Activities) Ltd card processing company, you will receive notice of this and be given the opportunity to resubmit payment details or cancel your order.

3.4 All payments are taken through a secure payment method and a secure card processing company retains all credit card and debit card details.

3.2 Full payment will be taken on receipt of your order and there will be no delivery until cleared funds are received. This will apply to the value of your full order, even should there be a delay in shipping your order or part of it, as stated in point 2.2 above.

3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by GIY Ireland (Activities) Ltd to you.

4. Delivery

4.1 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, GIY Ireland (Activities) Ltd will not be liable for any loss or damage suffered by you through unavoidable delay in delivery. In this case, GIY Ireland (Activities) Ltd will inform you when they are aware of a delivery problem. The goods you order will be delivered to the address you typed into the delivery box when you placed your order. GIY Ireland (Activities) Ltd accepts no responsibility for any errors or omissions you make in the delivery address, which may delay or prevent delivery by our carriers.

4.2 Delivery in Ireland, will be made by either Fastway Couriers or An Post, dependent on the weight and dimensions of the packed parcel(s). GIY Ireland (Activities) Ltd accepts no further responsibility for the delivery of the parcel once the carrier, either in terms of date or time delivered, collects it. Furthermore, GIY Ireland (Activities) Ltd  will not be liable for any compensation for inconvenience or delay or any additional costs, which you may incur to obtain the goods. However, GIY Ireland (Activities) Ltd will make efforts to help you to locate and achieve delivery of the parcel(s).

4.3 If delivery cannot be made to your address for reasons under the control of GIY Ireland (Activities) Ltd, GIY Ireland (Activities) Ltd will inform you as soon as possible and refund you for any sum that has been paid by you for delivery.

4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of GIY Ireland (Activities) Ltd) then without prejudice to any other right or remedy available to GIY Ireland (Activities) Ltd , GIY Ireland (Activities) Ltd may:

   4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

   4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

4.5 If you fail to take delivery because you have cancelled your contract under the DSR's, GIY Ireland (Activities) Ltd shall refund you as soon as possible and within 30 days for any sum that has been paid by you, less any expenses incurred for failed delivery.

4.7 Time for delivery shall not be of the essence. GIY Ireland (Activities) Ltd will make efforts to supply and despatch goods as you have requested. However, the goods may be delivered by GIY Ireland (Activities) Ltd in advance of the quoted delivery date.

4.8 Upon receipt of your order you may be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time, please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

5 Risk/Title

5.1 The goods are at your risk from the time of delivery

5.2 Ownership of the goods shall not pass to you until GIY Ireland (Activities) Ltd has received in full in cleared funds all sums due to it in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to it from you on any account.

5.3 GIY Ireland (Activities) Ltd shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods have not passed from GIY Ireland (Activities) Ltd .

7. Your right of cancellation

7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).

7.2 To exercise your right of cancellation, you must give written notice to GIY Ireland (Activities) Ltd by letter or via the Returns on Line section of our website, giving details of your order number, the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to GIY Ireland (Activities) Ltd at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

7.4 Once you have notified GIY Ireland (Activities) Ltd that you are cancelling the contract, GIY Ireland (Activities) Ltd will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. This will be directly refunded to your card or paid by cheque, at GIY Ireland (Activities) Ltd’s discretion. If our bank notifies us that you have asked your card company to cancel payment, GIY Ireland (Activities) Ltd will not refund your card. If a double refund does takes place, GIY Ireland (Activities) Ltd will exercise its legal right to begin proceedings to recover the overpayment and any costs incurred will be charged to you.

7.5 If you do not return the goods as required, GIY Ireland (Activities) Ltd may charge you a sum not exceeding the direct costs of recovering the goods.

8. Warranty

8.1 All goods supplied by GIY Ireland (Activities) Ltd are warranted free from defects for 12 months from the date of supply (unless otherwise stated by the manufacturer). 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, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail or postal address shown below within 7 days.

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 notify the Supplier in writing via the e-mail or postal address shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

9. Limitation of Liability

9.1 GIY Ireland (Activities) Ltd 's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

9.2 Nothing in these conditions excludes or limits the liability of GIY Ireland (Activities) Ltd for death or personal injury caused by GIY Ireland (Activities) Ltd 's negligence or fraudulent misrepresentation.

9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection 11. Applicable Law

These terms of sale and the supply of the goods will be subject to Irish law and the Irish courts will have jurisdiction in respect of any dispute arising from the contract.

12. Product images

Product images and descriptions of products are for illustrative purposes only, although GIY Ireland (Activities) Ltd will make all attempts to ensure they are correct.

13. VAT

The prices quoted on our website are listed inclusive of Vat where applicable at the appropriate rate.

Returns Policy

What do you do if the items you receive are not up to standard ?

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