TERMS AND CONDITIONS
PLEASE READ THIS CAREFULLY BEFORE USING THIS WEBSITE AND OTHERS INVOLVED IN OUR NETWORK
OUR RIGHTS
We reserve the right to:
A. change or remove (temporarily or permanently) this website and any
others involved in our network (or any part of it) without notice to you, and you
confirm that we shall not be liable to you for any such change or removal:
and/or
B. change these Terms & Conditions of Use at any time, and your
continued use of this website and any others involved in our network following
any change shall be deemed to be your acceptance of such change. It is your
responsibility to check the Terms & Conditions of Use regularly for changes. If
you do not agree with any change to the Terms & Conditions of Use you must
immediately stop using this website and any others involved in our network.
THIRD PARTY LINKS
We may provide links to other websites or resources from time to time.
Any such link to other websites or resources is not an endorsement of such
website or resources and you acknowledge and agree that we are not responsible
for the availability of and content on such websites or resources.
INTELLECTUAL PROPERTY
1. You acknowledge and agree that all copyright, trade marks and all
other intellectual property rights in all material on this website and any
others involved in our network, including the website design, structure and
graphics and all software and source codes connected with the website shall
remain at all times vested in us or our licensors. You are permitted to use this
material only as expressly authorized by us.
2. You acknowledge and agree that the material contained within this
website and others involved in our network is made available for your personal
non-commercial use only. You may only access, view, copy and/or print pages from
this website and others involved in our network for the sole purpose of personal
non-commercial use. Any other use of the material within this website and others
involved in our network is strictly prohibited.
YOUR WARRANTIES
You warrant that:
A. you will use this website and others involved in our network only
in accordance with these Terms & Conditions of Use and only for lawful purposes
and in a lawful manner; and
B. all information which you provide to us is true, accurate, current
and complete in all respects and that you will notify us immediately of any
changes to such information.
LIMITATION OF LIABILITY
1. We will not be responsible
or liable to you for any loss of material uploaded or transmitted through this
website or others involved in our network.
2. We will not be liable in contract, tort, negligence, for
pre-contract or other representations (other than fraudulent or negligent
representations) or otherwise out of or in connection with these Terms &
Conditions of Use for:
A. any economic loss (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
B. any special or indirect losses whatsoever.
3. Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
DOWNLOADING
1. From time to time we will add download software to the Whelan Enterprises website or others involved in our network.
2. In downloading from the Whelan Enterprises website or others involved in our network you hereby warrant that Whelan Enterprises or our corporate network shall not be held liable for any problems, losses or damages that accrue while downloading from any of our websites.
3. In downloading the materials you acknowledge that these materials are owned by Whelan Enterprises or licensed to by the corporate network, and you agree to read and accept our copyright terms before downloading any materials from any of our websites.
4. If you have read and decline any of the downloading terms, then please do not download any materials from the Whelan Enterprises website or others involved in our network. If you decline any of the downloading terms and choose to download materials, then you do so at your own discretion and release us from any liability you feel we may have caused and open yourself to legal prosecution if you violate our copyright agreement.
INTERPRETATION OF ORDERING
1. Services provided by Whelan Enterprises or others involved in our network are available to any Consumer unless otherwise specified in writing by Whelan Enterprises or others involved in our network.
2. All services stated on the Whelan Enterprises website or others involved in our network websites are provided by Whelan Enterprises Businesses, Affiliates, Associates or Consultants involved with them. All information provided in relation to your order is strictly for the purpose of completing your order and no information given is provide to a third party or will be directly or indirectly circulate, published in news story, article, book or other publicity, whether through newspaper articles, web sites, web links, television and radio interviews, and film festivals.
3. In placing an order with
Whelan Enterprises Businesses, Affiliates, Associates or Consultants, you the Customer will provide them with the required
information needed to process the order.
4. You the Customer will confirm that you understand that once Whelan
Enterprises places an order requested by you into production that it cannot be
cancelled.
5. All orders requested by Customers will remain the property of Whelan Enterprises until all fees for services are paid.
6. To place an order with Whelan
Enterprises Businesses, Affiliates, Associates or Consultants you must be sixteen (16) years of age, and depending on
the order placed you may be required to present prove of age.
PAYMENT
1. You the Customer will be made aware of the fees for the services you request from Whelan Enterprises Businesses or others involved in our network through Whelan Enterprises to provide before the commencement of that service.
2. You are Customer are required to make payment to Whelan Enterprises Businesses, Affiliates, Associates or Consultants for the services they provide and for the amount agreed by the date they specify in the invoice(s).
3. Payments shall be made to the account given to the Customer by Whelan Enterprises within five (5) working days.
4. Whelan Enterprises retains the right to take necessary actions to obtain payment should the Customer fail to secure payment by the date specified on the Invoice(s).
DISTRIBUTION AND DELIVERY
1. The period stated within which you will receive your order is approximate.
Goods will be sent to the address given by you in your order and stated in the
Order Confirmation. Please note that your goods may be sent to you in
instalments. You may cancel your entire order with us if subsequent instalments
forming part of your order are not delivered by us.
2. Product ordered will pass to you from us once we have received payment in full for the product.
3. If your delivery address is outside the republic of Ireland, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; We advise each customer to contact their local customs office for further information.
4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
5. For Christmas deliveries, we recommend that you order by the 10th of December as we cannot guarantee delivery on or before the 24th of December as the post may be delayed in your area.
6. We shall have no liability to you for any delay in the delivery of products ordered or any other matter to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
FAILURES
We shall have no liability (including liability for negligence) for the acts or
omissions of telecommunications service providers or for failures of, or faults
in their networks and equipment.
CREDIT
No credit shall be provided to the
Customer on behalf of Whelan Enterprises Businesses, Affiliates, Associates or
Consultants or others involved within our network, unless otherwise stated in
writing by Whelan Enterprises.
MARKETING
1. Whelan Enterprises and others involved in our network shall use their best endeavours to meet the requirements of the Customer.
2. Whelan Enterprises and others involved in our network shall ensure they do everything they reasonably can to make certain the product required by the Customer is ready by the due date requested.
CUSTOMER INFORMATION
1. Whelan Enterprises and others involved in our network will retain the information provided by the Customer and any information relating to the conduct of the Customer’s account for the propose of processing the orders request by the Customer.
2. The Customer has the right at any
time to request a copy of their “personal data” within the meaning of the Data
Protection Act 1988 (as amended or re-acted from time to time) that Whelan
Enterprises holds in relation to the Customer’s Account.
CURRENCY
Unless otherwise agreed all Customer accounts shall be maintained in euro.
ADDITIONAL TERMS
Whelan Enterprises including their network may require from time to time to add additional terms in relation to services provided. These additional terms apply to special offers or promotions they may be offered.
REFUSAL
Whelan Enterprises including their network reserves the rights to refuse to open a Customer account.
CLOSURE
Whelan Enterprises reserves the right to close a Customer account without notice should the Customer fail to maintain payments on their Accounts.
STATUTORY RIGHTS
No provision of these terms and conditions shall affect your statutory rights under the Consumer Credit Act 1995 or any regulations made thereunder. In the event of any conflict between these terms and conditions and such rights, your statutory rights shall prevail.
TERMINATION
1. If Whelan Enterprises or the Customer fails to fulfil or comply with any of the provisions of the contract within one month after notification from either party any and all clause shall be terminated and all rights going to the party within non- termination.
2. If Whelan Enterprises
or Customer break any of the terms of agreement in this contract it will be
terminated and thereafter legal action may follow.
DISPUTE
Any dispute arising in connection with the terms and conditions shall be referred to a joint committee composed of a representative of both Whelan Enterprises and the Customer. If both representatives fail to find any agreement, Whelan Enterprises and the Customer may choose to refer the matter to Arbitration under the Arbitration Acts and the decision of the arbitrator shall be final.
JURISDICTION
This agreement shall be
governed by the laws of the Republic of Ireland and only the courts in the
Republic of Ireland shall have jurisdiction in any dispute.