Terms and Conditions of Sale
The following General Terms and Conditions of Sale and Supply form part of the contract between Craughwell Furniture and the customer. Amendments to these General Terms and Conditions of Sale and Supply may only be suggested in writing by Craughwell Furniture.
By using this website, all website users (“you”) agree to these terms and conditions. If you do not agree to all of these terms and conditions, you may not use this website. All offers are made subject to these terms and conditions.
Craughwell Furniture shall not be liable 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.
Offers / Conclusion of contract
Offers made by Craughwell Furniture are without obligation in respect of prices, quantities and delivery dates. The contract exists to the extent that Craughwell Furniture has confirmed in writing its acceptance of the order or accepts the order through the delivery of the goods.
Prices and Terms of Payment
Unless otherwise specially agreed, prices are ex-works Craughwell Furniture, Craughwell, as per quotation. Invoices are payable immediately and without deduction. Payments are not considered to have been made until cleared funds are available in Craughwell Furniture’s bank account. Craughwell Furniture reserves the right to apply payments by the contracting party in settlement of the oldest invoice items outstanding plus default interest and costs. Payment will be applied in the order of costs, default interest, principal claim. A right of retention on the part of the contracting party is excluded. The contracting party may set off claims against Craughwell Furniture only if these claims are accepted by Craughwell Furniture or recognised by declaratory judgment.
All goods on this website are subject to availability. In the event that we are unable to supply the goods, or if the goods have to be ordered in a particular spec or colour and a waiting period is incurred, we will inform you of this as soon as possible. For products ordered online the price you pay is the price displayed, unless an online pricing error has occurred. While Craughwell Furniture constantly strives to ensure that all prices on our website are up-to-date and accurate, occasionally errors may occur. If we discover an error in the price of goods you have purchased Craughwell Furniture will contact you as soon as possible. All prices on our website are shown in € / euro and include VAT at the applicable current rates. Delivery charges (where applicable) are not included in the item prices. Delivery charges and rates can be viewed in the ‘Delivery Services’ section on our website.
As previously stated all prices displayed on the Craughwell Furniture website are in Euro. The total cost of your order will be the price of the products + the delivery charge (if any) + plus any additional services you choose e.g. assembly or removal of an old product. These charges will be displayed in your Shopping Cart before you confirm your order. No other charges will be applied to your account without your consent. Payment will be deducted once you confirm your order. Payment can be made using Visa/Mastercard.
All card transactions are authenticated on our behalf by our Identity Verification partner, Shopify. Shopify’s secure server hosts the payments page, where you are redirected to when entering your payment details. Shopify takes full responsibility once you are on the payments page. Shopify has an SSL cert in place which encrypts all data. Also, your shared secret encrypts all of your information in transit. All cards stored through RealVault are encrypted before they are stored, and are also stored in Realex’s secure servers. Realex goes through rigorous PCI compliance inspections every year and are level 1 PCI compliant.
Delivery is ex works Craughwell Furniture Warehouse, Gort, Co. Galway. Unless definite fixed delivery dates or a definite period of delivery are expressly agreed in writing in individual cases, the dates or periods of delivery quoted shall be regarded as guidelines which Craughwell Furniture will endeavour to comply with. Exceeding these dates or periods shall not constitute any default on the part of Craughwell Furniture. Alternatively, in the event that delivery dates / delivery periods are expressly agreed, the delivery period shall commence upon dispatch of the order confirmation, however not before the documents, permits and approvals to be furnished by the contracting party are to hand and any agreed advance payment has been received. The delivery period shall be regarded as complied with provided that, prior to its expiry, the contracting party shall have been notified that the delivery item is ready for dispatch. The delivery period shall be appropriately extended in cases of force majeure such as e.g. industrial disputes, in particular strikes and lockouts, fire, flood, want of energy, raw materials or process materials, official injunctions or other impediments for which Craughwell Furniture is not responsible. This shall likewise apply in the event that such circumstances afflict subcontractors to Craughwell Furniture. Should Craughwell Furniture be in default in the performance of the service it has committed to deliver, the contractual partner’s claim for compensation shall be governed, mutatis mutandi, by section 11 of these terms and conditions. Craughwell Furniture reserves the right, should the manufacturer or supplier change the design and shape or change the scope of the delivery or vary the colour tone up to the time of delivery, to change the order provided however that such changes and variances are reasonable from the point of view of the customer, due regard having been paid to Craughwell Furniture’s interests.
Reservation of title
The goods delivered by Craughwell Furniture (reserved goods) remain its property until its full claims under the purchase agreement against the contractual partner are fulfilled.
Until ownership of the goods has passed from Craughwell Furniture to the contracting party, the contracting party will: store the goods (at no cost to Craughwell Furniture) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as Craughwell Furniture’s property; not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Craughwell Furniture’s behalf for their full price against all risks to the reasonable satisfaction of Craughwell Furniture. On request you shall produce the policy of insurance to Craughwell Furniture; and condition and keep them insured on the Craughwell Furniture’s behalf for their full price against all risks to the reasonable satisfaction of Craughwell Furniture. On request you shall produce the policy of insurance to Craughwell Furniture and hold the proceeds of the insurance referred to in trust for Craughwell Furniture and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
The Parties Financial Condition
Should it become apparent for Craughwell Furniture after the conclusion of the contract that the entire performance of the contractual obligations of contracting party are at risk due to the lack of capacity, Craughwell Furniture shall be authorized to refuse any previous performance of its contractual obligations, unless and until such time contracting party provides any and all consideration owed under the contract or gives security in the form of a deposit of the respective money amount for the benefit of Craughwell Furniture. Craughwell Furniture is entitled to terminate its contractual obligations to the contracting party without any further liability, as far as the contracting party does not comply with the order to perform the consideration or to achieve the security contemporaneous performance for the performance during a reasonable period of time determined by Craughwell Furniture. Craughwell Furniture is entitled to withdraw from the contract without setting a final deadline or to terminate the contract without notice in the event the contracting party shall become insolvent or over indebted or insolvency proceedings are initiated. In case of withdrawal from the contract or termination, the contracting party shall remain obligated to compensate Craughwell Furniture for any and all resulting damages associated with non‑performance and termination hereunder.
Assignment of debts
The contracting party is not entitled to assign his debts or to have them collected by a third party without Craughwell Furniture’s prior written consent, which may not, however, be unreasonably withheld. Should the contracting party assign his debts to a third party without Craughwell Furniture’s consent, the assignment is nonetheless valid. Craughwell Furniture may, however, make payment to the contracting party or the third party at their discretion with the effect of discharging the debt.
Notice of defects
Should the contractual partner discover a defect in the goods supplied then the claim in respect of defective goods shall be reported to Craughwell Furniture in writing immediately after the delivery has been received by the contractual partner and in the case of obvious defects at the latest within three (3) working days, together with necessary documents. In the case of concealed defects, written notice must be given immediately upon detection, however no later than three months following receipt of delivery by the contracting party. The onus shall be upon the contracting party to prove the existence of a concealed defect. Should defects not be notified in accordance with the above requirements, no claims may be made under the terms of the guarantee. Goods, which are the subject of complaint, may be returned to Craughwell Furniture only when express approval is given in writing by Craughwell Furniture.
In the event of defects Craughwell Furniture will at its discretion either carry out rectification or supply a replacement. Claims by the contracting party to compensation for expenses incurred in conjunction with the subsequent performance, in particular transport, travel, labour and material costs are excluded where such expenditure is increased because the defective delivery item has been transferred to a location other than the contracting party’s premises which does not accord with its evident purpose. Guarantee claims are likewise excluded if defects are attributable to the contracting party in consequence of a breach of operating, maintenance or installation instructions, unsuitable or improper use, incorrect or negligent treatment, overuse, natural wear and tear, or incorrect repair. Provided that the defects were not maliciously concealed, the claim for warranty expires one year from the date of delivery to the contractual partner.
Extent of warranty
Craughwell Furniture’s warranty extends to all parts of the product supplied, as well as any modifications of the fittings and to all specially designed product components for a period of one (1) year from date of delivery and acceptance. Reasonable wear and tear should be allowed for by the customer.
Nature and quality
The nature and quality of the goods supplied shall be exclusively as specified in the product descriptions and specifications issued by Craughwell Furniture and not in accordance with any public statements, any type of praising or advertising statements. Public statements, recommendations, and advertisements shall not be applicable. Advice both verbal and written is given by Craughwell Furniture to the best of its knowledge and belief. Such advice must however be regarded as noncommittal and in no way exempts the contracting party from the need to independently verify that the goods supplied are suitable for the intended processes and purposes.
Applicable law & Jurisdiction
These General Terms and Conditions of Sale and Supply will be subject to laws of Ireland and the Irish courts will have jurisdiction in respect of any dispute arising from the contract.
Should any individual provisions among these General Terms and Conditions of Sale and Supply be or become invalid, the validity of the remaining provisions hereof shall in no way be affected.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the services provided the Website.
The Owner can take no responsibility for any material placed on or linked to the Website by any person or persons without authorisation.
Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website or CD ROM, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
External Website Links
This Website will from time to time incorporate links (Internet hypertext links), leading to web sites which are not under the control of the Owner. We will accept no responsibility or liability in respect of the material on any website which is not under our control.
Damage to Your Computer
The Owner makes every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. The Owner shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
Modification of Terms
These provisions (terms, conditions, disclaimers and exclusions) shall be construed in accordance with the laws of the Republic of Ireland. If any of these provisions are deemed or found to be unlawful, void or for any reason unenforceable then the provision or provisions so found shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Restrictions on right to use
You agree that you shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the Website or Service
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any Content or other material obtained via the Website
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website
- create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
- upload, post, email, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights
- attempt to gain unauthorised access to the Website, its facilities and/or services or any accounts, computer systems and networks connected to any website, its facilities and/or services through hacking, password mining or any other means