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Terms And Conditions Of Sale

1. GENERAL
 
1.1 These Conditions shall apply to all contracts for the sale of goods by the Seller (which term shall be deemed to refer to Deco Kita Partnership t/a Decoplanet.ie ,  to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
1.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.
1.3 All orders are accepted by us once payment has been received. Your order may be changed at any time up until payment is received as the manufacturing process will then begin.
1.4 Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
1.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
1.6   The seller provides measure and fitting service.
 
2. WARRANTIES AND GUARANTEES

2.1 The supply by the Seller of glass, aluminium and wooden panels shall be with the benefit of the manufacturer’s written warranty (a copy of which is available on request) insofar as the Seller can pass on the same and with the benefit of the Sellers Warranty which shall be limited to the replacement of any glass, aluminium or wooden panels which the Seller at its entire discretion shall regard as defective within a period from the point of sale as set out in the Seller’s written warranty (a copy of which is available on request) and shall in no event include the cost of replacement fitting handling or storage of the relevant good or any consequential loss arising from the act of replacement or otherwise.
2.2 The Seller shall be under no liability whatsoever to the Buyer for an indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Buyer of this contract.
2.3 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the goods.2.4      All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in the contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as a consumer.

3. PRICE

3.1 All prices on Decoplanet.ie include any VAT payable but exclude delivery charges, delivery charges are added to your basket when items are added.
3.2 All prices published by the Seller relate to flat rectangular or square products only. Shaped or Angled panels are subject to extra charge by the Seller.
4. PAYMENT

4.1 The total cost of your order including delivery will be detailed in your invoice. Payment may be made using our secure online payment service.
4.2 Any claim or counterclaim which the Buyer makes against the Seller in respect of a particular transaction shall not allow the Buyer to withhold payments to avoid its liabilities in respect of any other transaction.
5. DELIVERY

5.1 Any time or date of delivery of the goods given by the Seller is given and intended as an estimate only and the Seller shall not be liable for any loss or damage caused to the Buyer by reason of any failure to supply or for any delay in supplying the goods to the Buyer.
5.2 Delivery of the goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. Where the Seller agrees to make delivery of the goods to the Buyers premises or premises nominated by the Buyer the unloading of the goods shall be the responsibility of the Buyer and shall take place at its expense. If the unloading of the goods is delayed for any reason the Seller reserves the right to apply a surcharge calculated on a time basis.
5.3  If for any reason the Buyer is unable to collect or accept delivery of the goods at the time when the goods are ready for collection by or delivery to the Buyer the Seller may if its storage facilities so permit and at its entire discretion store the goods until such time as the Buyer is able to collect or accept delivery of the goods. In such circumstances the Buyer shall pay to the Seller a reasonable sum calculated at the current market rate in respect of the grant of such storage facilities but the grant of such facilities will be without prejudice to any claim for payment by the Seller. in accordance with clause 4.1 herein.
5.4 Where the Buyer requires the Seller to make delivery of the goods other than to the Buyer’s premises this fact must be clearly stated at the time of order and subject to the Seller’s acceptance of the order the Seller may apply a carriage charge calculated in accordance with the rates current at the date of despatch.
6. INSPECTION

6.1 Please check for any visible signs of damage to the packaging of your order before signing for the delivery. Any items damaged in transit should be noted at time of delivery, and if possible delivery should be refused and returned to us. If your goods arrive defective this should also be noted at time of delivery and returned via the courier. If the goods do not fit we cannot issue you a refund if the measurements match the measurements on your invoice, so please check your invoice prior to completing payment.
    
7.  MISCELLANEOUS

7.1 The Seller accepts no liability for any failure to deliver the goods arising from circumstances outside its control.
7.2 Non-exhaustive illustrations of these circumstances are Act of God war riots explosion abnormal weather conditions fire floods strikes lock-outs. Government action or regulations (Republic of Ireland or otherwise) delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
7.3 If the Seller is prevented from delivering in the above circumstances, it shall notify the Buyer of the fact within 10 days commencing with the contractual delivery date.
7.4  If the circumstances preventing delivery are still continuing 3 months from and including the date the Seller sends such notice then either party may give written notice to the other cancelling the contract. Such written notice must be received whilst the circumstances are still continuing.
7.5  If the contract is cancelled in this way the Seller shall refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount which the Seller is entitled to claim from the Buyer) but the Seller accepts no liability to compensate the Buyer for any further loss or damage caused by the failure to deliver.

8. JURISDICTION
All contracts made with the Seller shall be governed accordingly to the laws of Republic of Ireland and the Seller and the Buyer shall submit to the exclusive jurisdiction of the Irish Courts.
 


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RemaDays 2013 – The Prize for Innovative Technology

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phone 015169735 | mobile 0877179525 | e-mail: office@decoplanet.ie
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