terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply products (Products) to you. This document sets out the terms and conditions applicable to all sales of Products by us including through our website www.rechargeoffice.ie (our site), by telephone, mail order and catalogue sales to you (sales avenues). Please read these terms and conditions carefully before ordering any Products through any of these sales avenues. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
- INFORMATION ABOUT US
1.1 www.rechargeoffice.ie.ie is a site operated by A & D Kennedy Systems Limited (we). We are registered in Ireland and with our registered office at 41 Grattan Street, Portlaoise, Co.Laois R32 PTY8. Our Company number is 403207 and our VAT number is IE6423207J.
- YOUR STATUS
By placing an order through our sales avenues, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
- HOW THE CONTRACT 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 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.
3.2 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.
- RIGHT TO CANCEL
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 8 below).
4.2 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, 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.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
gift cards; products made to your specifications or personalized for you, bespoke items such as personalized stationery, labels and forms, and stamps, products assembled by you after delivery, any perishable items including foodstuff and items which are marked on our sales avenues (including our site) as ‘non-returnable’.
4.4 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.
- AVAILABILITY AND DELIVERY
5.1 An order of €50 (excl. VAT) or more is delivered free anywhere within Ireland. Orders below this will have a delivery charge added of €8 (excl. VAT). Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Delivery will be made on a business day within normal working hours (9:00 am to 5:00 pm).
5.2 Delivery will be made to the delivery address provided by you when placing your order. If no address is provided, delivery will be made to the address at which your payment credit card is registered or any other address provided by you. We only deliver with the EEA (subject to applicable delivery charges).
5.3 We may deliver the Products by installments.
5.4 If delivery is attempted by us within our stated delivery hours and we are unable to deliver because you are not present or you unreasonably refuse to take delivery of the Products, then we are entitled to abandon our attempt at delivering the Products and will return them to our depot location where they will be held for a period not exceeding 2 months. You will have the option of collecting the Products during this period or requesting that we re-deliver them for a further delivery charge. You will remain responsible for the initial attempted delivery charge. All deliveries by courier must be signed before the Products will be released.
5.5 Following delivery you should inform us by the following day if, following your inspection of the Products you consider that the Products received are not the Products you ordered and within 10 days of delivery if you consider that the Products are damaged or faulty. Otherwise, the Products will be considered to have been correctly delivered and free from damage or faults.
- RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery if you are a business customer. If you are a consumer, risk in the Products shall pass to you when you acquire possession of the Products.
6.2 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.
- PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site and other sales avenues from time to time, except in cases of obvious error.
7.2 These prices exclude VAT and may incur delivery costs, which will be added to the total amount due as set out in your summary total at the time of payment. If you are a business customer, VAT may be itemized separately.
7.3 Prices are liable to change at any time in line with the market changes and manufacturer increases, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site and other sales avenues contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s 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 (or other sales avenue), 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.
7.5 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 recognized by you as a mispricing.
7.6 If you are a consumer or a business customer or a consumer with no agreed credit terms then the payment for all Products must be by credit or debit card at the time of making your order. If you are a business customer or a consumer and you have a credit account with us or agreed pre-established credit then payment must be made within 28 days of your order or prior to delivery (depending on the credit terms agreed between us).
7.7 We accept payment with PayPal, Mastercard, and Visa credit and debit cards. We will not charge your credit or debit card until we despatch your order.
7.8 If you are a business customer and do not make payment in time then we have the rights set out in the European Communities (Late Payment in Commercial Transactions) Regulations, 2012 to charge you interest on the overdue amount.
- OUR RETURNS POLICY
8.1 Products must be returned to us without delay and in any event within 14 days of you notifying us that you wish to return the Products. Products must be returned in their original packaging and include any additional items supplied and contents including free gifts. The Products must be in their original condition and not have been tampered with. There will be a returns charge of €8. We are not able to accept returns in respect of perishable items, Products which have been developed for you and are bespoke in nature and Products which are marked non-returnable on our site (or other sales avenue).
8.2 Returns should be sent to 41 Grattan Street, Portlaoise, Co. Laois R32 PTY8 or such other address as we may specify to you. You will be responsible for the costs of returning the Products to us save as specified in clause 8.3(a) below (where you have canceled the Contract) or clause 8.3(b) (where the Products are shown to be defective).
8.3 When you return a Product to us:
(a) because you have canceled the Contract between us within the fourteen-day cooling-off period (and otherwise in accordance with clause 4) 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, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product 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 that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.5 We are not obliged to accept returns outside of the circumstances set out in clause 8.3 however we will accept returns where you do not require the Products purchased or if you change your mind, in exchange for credit on our site.
- OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site or other sales avenue is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 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.
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 9.4.
9.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
- IMPORT DUTY
10.1 If you order Products from our site or other sales avenue 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 the 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.
10.2 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.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or other sales avenue, 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 Recharge Office at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 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.
13.3 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.
- EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract 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 endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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 these terms and conditions.
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.
- ENTIRE AGREEMENT
18.1 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.
18.2 If you are a business customer, these terms and conditions apply to the exclusion of your terms and conditions and you waive any right you might have to rely on your terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 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 (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).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site or other sales avenue and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.