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Terms & Conditions
1. IMPORTANT LEGAL NOTICE
1.1. www.multiwash.ie is owned and operated by Jerry O’Mara t/a Multi Wash Systems, Castlecomer Road, Ballinakill, Co. Laois, Ireland. Jerry O’Mara is a registered sole trader; VAT Number: 3290712L. The term "www.multilwash.ie" or “Multi Wash Systems” or "us" or "we" refers to the owner of the website.
1.4. The information, content, graphics, text, images, trade marks, trade names and logos (the "Materials") contained on this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws under national laws and international treaties. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not reproduce, display, publicly perform, distribute, sell or modify the Materials or otherwise use the Materials in any way for any public or commercial purpose or otherwise in breach of this Agreement. In particular, the use of the Materials on any other website or in a networked computer environment for any purpose is prohibited.
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1. You are legally capable of entering into binding agreements;
2.2. You are at least 18 years old.
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
3.1. 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 availability and 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 contract to purchase between us will only be formed when we send you the dispatch confirmation.
3.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 5.
3.3. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to us sending the dispatch confirmation. If your order has already been dispatched, you will be unable to amend your order. If your order has already been dispatched, you may be able to return the products to us in accordance with our returns policy (see Clause 15 below).
3.4. We reserve the right to refuse any order made by you for any reason.
3.5. When making a request you, undertake that all details you provide to us requesting goods or services are true and accurate. It is your responsibility to inform us of any changes to these details as soon as possible.
4. AVAILABILITY AND DELIVERY
We will make reasonable efforts to fulfil orders by the delivery date set out in the dispatch confirmation email or, if no delivery date is specified, then within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5. PRICE AND PAYMENT
5.1. The price payable for the Products shall be as shown on the website. Prices advertised on the Website include VAT payable at appropriate Irish rates but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
5.2. Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
5.3. Prices are subject to change without notice but changes will not affect orders which we have already accepted. In the unlikely event of a product being mispriced we cannot guarantee that orders for the particular product will be honoured.
5.4. We use Realex Payments or PayPal to process all card transactions. Multi Wash Systems does not have access to any of your credit card details nor are they stored on our servers.
5.5. Due to the high demand for our sale items in store and online, it is possible that the product ordered may not be available. We are committed to try and source the same product or similar if available from our suppliers or other stores. We apologise if this results in your order being cancelled.
6. OUR LIABILITY
6.1. If we’ve sent you the wrong items, or your order is faulty, damaged or not as described on arrival, please contact us immediately. You have the right to return the product within a reasonable period of time. You must retain your original purchase invoice. Please note that we may ask to inspect the goods to confirm the fault or ask you to carry out a telephone diagnostic to make sure it is not a problem that can be resolved quickly. However, in most cases we will require the faulty or broken product to be returned to us for inspection. The cost of returning the item will be met by you and refunded immediately as soon as we receive the goods. Please arrange for the item to be returned by the most economical method and obtain a proof of posting.
6.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, agreements, business or anticipated savings damage to or loss of goodwill, reputation or data, to the extent permissible under applicable law.
6.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this Agreement shall not exceed the amount paid by you for the products.
6.4. Nothing in this Agreement shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
6.5. Nothing in this Agreement shall exclude or limit your statutory rights.
You agree to indemnify, defend and hold harmless Multi Wash Systems, its employees, consultants, www.multiwash.ie, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of this Agreement, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
8. IMPORT DUTY
8.1. If you order Products from our site for delivery outside 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.
8.2. 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.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at the e-mail address you provide to us when placing an order or by posting notices on our website.
10. EVENTS OUTSIDE OUR CONTROL
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by events outside our reasonable control ("Force Majeure Event").
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1. Strikes, lock-outs or other industrial action.
10.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
10.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5. Impossibility of the use of public or private telecommunications networks.
10.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
10.3. Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
12. ENTIRE AGREEMENT
12.1. This Agreement and any document expressly referred to herein represents the entire agreement between us in relation to the subject matter of the Agreement and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. Headings are for reference purposes only and do not form part of the Agreement.
12.2. We each acknowledge that, in entering into this Agreement, 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 Agreement except as expressly stated in these terms and conditions.
12.3. 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 Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Agreement as provided in these terms and conditions.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1. We may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time.
13.2. 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 dispatch confirmation email (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).
13.3. Multi Wash Systems may at any time and without liability modify, suspend or discontinue the website or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
14. LAW AND JURISDICTION
You and us agree that this Agreement, and all disputes (both contractual and non-contractual) and matters arising out of or in connection to it, are governed by Irish law. You and us submit to the exclusive jurisdiction of the courts of Ireland in connection with any disputes or matters arising out of this Agreement.
15. RETURNS POLICY
15.1. We hope that you will love everything you buy from us. However, you can cancel your order within 14 days of receipt of your ordered goods and return your product(s) within 14 days of notification of cancellation of your order. Please note refunds exclude initial delivery and handling costs.
15.2. Please note that all returned product(s) must be unworn, unused and in their original packaging. When returning items to us, please do not remove any labels or tags.
15.3. Please follow the below process for returning your order to us:
- a) Please pack your product(s) carefully, preferably in the original box and packaging. Cover your address label with our address. If this isn't possible, then please pack to these standards to ensure nothing gets damaged in transit (the product(s) are your responsibility until they reach us).
- b) Bring your package to the Post Office and ask for a receipt of postage. Return the package by using the Post Office counters and obtain proof of postage from the Post Office. Please do not post the package through the post box without obtaining a certificate of posting.
- c) Keep your certificate of postage safe as you will need this as your proof of return.
15.4. We shall reimburse you within 14 days from the day on which you inform us that you are returning the product(s). We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. We reserve the right to refuse a refund if you are unable to provide the certificate of posting.
15.5. On inspection of the goods during this time, or after, as the case may be, if we find that you have handled the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, you will be liable for the diminished value of the goods. In such circumstances, we may withhold an amount to reflect the diminished value of the goods.
15.6. We will only refund any money received from you using the same method originally used by you to pay for your purchase.
16. DATA PROTECTION ACT 1988 & DATA PROTECTION ACT 2003
17. SALE OF GOODS ACT 1893 AND SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980
17.1. This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
17.2. Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.