Terms and Conditions

This page states the terms and conditions under which you may use our Site. The Site is owned and operated by Tadhg O'Connor Ltd. Tadhg O'Connor Ltd. is registered in Ireland.  The registered  head office address is: Tadhg O'Connor Ltd. New Line, Rathkeale, Co. Limerick. V94 NT99 . Tadhg O'Connor Ltd registered VAT Number is: 4883519H. Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site. In these conditions the Seller is Tadhg O’Connor Ltd. and the Buyer is the purchaser of the goods (the Website User). These terms and conditions apply to the use of this website whether as a registered user, trade customer or guest. By using this website, you agree to be bound by the terms as set out below. Should you disagree with any of these terms, you should refrain from using this website.

Tadhg O'Connor Ltd 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 Site. We reserve the right at our discretion to change modify, and/or remove portions of these terms and conditions at any time. You should re-visit this page regularly to review the terms and conditions, because they are binding on you. By accessing or using this site you acknowledge that Tadhg O'Connor Ltd has no obligation to notify you of changes to the material on the site.

The contents of the site such as text, graphics, images, photographs, code and different material ("Material"), are protected by copyright, trade mark and different laws in both Ireland and overseas. you may not reproduce, display, publicly perform, distribute, sell or modify the material or otherwise use the material in any method for any public or commercial purpose or otherwise in breach of these terms and conditions. above all, the utilization of the material on any other web site or in a networked computer environment for any purpose is prohibited. All logos, service marks, and trade names are the property of Tadhg O'Connor Ltd.

When you purchase online, under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. 484/2013) you have a right to cancel your order within 14 days from the delivery date of the goods without giving a reason and you have a  further 14 day time limit to send back goods from when you communicate the decision to withdraw. To return a Product please contact customerservice@toc.ie If the order has been dispatched, you can return the product to us and we can organise a refund (excluding delivery costs). If a Product is damaged or faulty please contact us within 24 hours and we can organise a replacement or refund. Tadhg O'Connor Ltd will cover the cost of any goods returned due to damage of faulty.

This website contains links to other websites. linked sites are not under the control of Tadhg O'Connor Ltd. Tadhg O'Connor Ltd is not liable for the contents of those linked sites. without limitation, Tadhg O'Connor Ltd doesn't warrant or represent that material on linked sites, does not infringe any intellectual property rights of any individual or that the linked sites are free from computer viruses or other defects. Links to other websites should not be construed as any endorsement, approval or recommendation by Tadhg O'Connor Ltd of the owners or operators of those websites, or of any products merchandise or services mentioned in those websites. Tadhg O'Connor Ltd makes no warranties and takes no responsibility, concerning the accuracy, merchantability, fitness for purpose, or any other aspect of any material on any linked sites.
Tadhg O'Connor Ltd does not, and must not be taken to, authorize any infringement of any intellectual property rights contained in material on other websites, by providing links to those websites.

You are entirely responsible for any and all activities that occur under your Account which is provided to you by Tadhg O'Connor Ltd. You agree to notify us immediately of any unauthorized use or any other breach of security. Tadhg O'Connor Ltd use Stripe Payments & PayPal to provide a secure, robust and reliable payment processing service. Their systems and security controls are based on current industry standards and include several layers of technology to ensure the confidentiality, authentication and integrity of information. All information when in transit via the internet is encrypted (128bit SSL) to ensure confidentiality of sensitive data. All connections to the financial institutions are over private dedicated leased circuits, backed up with ISDN lines and in certain cases VPN connections over the internet. The network is designed to be highly resilient with duplicate and triplicate systems in place depending on the critical nature of each component.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

THE CONTRACT
These are the terms and conditions on which we supply Goods and Services to you. Please read these terms and conditions carefully before you submit your order to us.

1. These conditions shall be incorporated into each and every Contract made between the Company (Tadhg O'Connor Ltd. and the Buyer and shall apply to the exclusion of any terms or conditions put forward by or on behalf of the Buyer; and shall not create any agency or partnership between Tadhg O'Connor Ltd. and the Buyer or any third party.
2. No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by a manager of the Company. No employee of the Company, except a manager, has authority to vary or add to or depart from these terms and conditions or make any representation about the goods or the Contracts made hereunder.
3. Quotations and estimates, whether written or oral, submitted by the Company shall be deemed to be an invitation to treat and not an offer. Quotations and estimates are valid for a period of 30 days, unless otherwise agreed. Please note supplier costs may change within this period and therefore will affect the quotation price given. If the cost of a product changes within the 30 day quotation period, we will contact you with an updated quotation.
4. Any order submitted by the Buyer to the Company in respect of a quotation or estimate must state the date, the reference of that quotation and address for delivery.
5. All orders that you place on the Company’s website will be subject to acceptance in accordance with condition of these terms and conditions.
6. Our acceptance of your online order will take place when we email you to accept it, our acceptance of all other orders will occur at the time you receive your item, at which point a Contract will come into existence between us. We will assign you an order number to your order and notify you of same when we accept your order. Please quote this order number in all contact with us. You will be contacted when your order is ready for delivery or collection, depending on what delivery service you have chosen.
7. Our website is solely for the promotion of our products and is an invitation and not an offer to sell those products to you.
8. All online orders must be paid in full before an order can be processed. Tadhg O'Connor Ltd have a legal obligation  to supply goods that are in conformity with the contract as required under Regulation 10(1)(a) and specified in Schedule 2(p) of S.I. 484/2013.
   

GOODS

1. The images of Goods on our website or Goods displayed on the Company’s branch locations are for illustrative purposes only. Although we have made every effort to display the item accurately, we cannot guarantee that the images used on our website or Goods displayed on the Company’s branch locations accurately reflect the actual Goods themselves. The Goods may vary slightly from these images and displays.
2. The packaging of the Goods may vary from that shown in the images on our website or Goods displayed on the Company’s branch locations.
3. Any time or date quoted by the Company for delivery or collection of all or any of the Goods or performance of any Services is an estimate only, and the Company shall not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise resulting directly or indirectly therefrom. Time is not and shall not be of the essence in relation to this Contract or the performance by the Company of its obligations under the Contract.

COLLECTION AND DELIVERY

1. If you place a Click & Collect order, you must collect the Goods from the Company’s nominated branch locations during the Operating Hours, within 7 days of the collection date, as notified via email to you in accordance with condition unless otherwise agreed. Section 32(1) and 32(2) of the Sale of Goods Act, 1893 will not apply. The Company is not responsible for loading the Goods.
2. We will hold your uncollected Goods for 72 hours. After this date we cannot guarantee that the stock on your order will be available at your chosen location.
3. Orders require a signature to acknowledge from you on delivery or collection. The signature of the person accepting the Goods will be proof that delivery or collection of the Goods has been received by you or the person, to whom the order is addressed. A signature may not always be required when goods are delivered depending on the courier. Deliveries are carried out by Tadhg O'Connor Ltd, Fastway couriers or Conway Transport ltd. View Fastway conditions: Click Here >
4. Large Goods will be delivered to the curb side of the nominated address. The manner of delivery shall be such as the Company in its sole discretion shall deem appropriate. Delivery of Goods is made between Monday to Friday during normal working hours.
5. It is the Buyer’s responsibility to ensure the delivery address is ready and able to accept delivery of the Goods, in particular that there is space for any delivery vehicle to make the delivery.
6. If the Company is unable to effect delivery on arrival at the Buyer’s premises for any reason whatsoever, an additional charge for any return or subsequent visit may be made at the Company’s sole discretion.
7. If the delivery of the Goods is delayed by an event outside the Company’s reasonable control then the Company will contact the Buyer as soon as possible to inform the Buyer and the Company will take reasonable steps to minimise the effect of the delay. The Company will not be liable for delays or liquidated damages, including without limitation delay or failure caused by adverse weather, strikes, traffic or transport problems.

LOSS OR DAMAGE IN TRANSIT

1. The Buyer is under a duty wherever possible to examine the Goods on delivery or on collection (as the case may be).
2. Where the Goods cannot be examined the carrier’s note or such other note (as the case maybe) shall be marked by the Buyer at the time of delivery "not examined".
3. To the extent permitted by law, the Company shall be under no liability whatsoever for any defects or shortages as aforesaid unless notified in writing of the details within 48 hours following despatch or collection of the Goods.
4. In all cases where defects or shortages are complained of, the Company shall be under no liability to the Buyer in respect thereof unless a reasonable opportunity to inspect the Goods is provided to the Company by giving at least 48 hours’ notice in writing before any use is made thereof or any alteration or modification is made thereto by the Buyer.
5. The Company shall make good any defects or shortages caused by the Company’s direct negligence or breach of contract in accordance with the terms of this condition Contract but otherwise shall be under no liability whatsoever, whensoever or howsoever arising, whether by way of negligence or otherwise, for such defects or shortages.

CANCELLATION BY THE BUYER

1. No cancellation of the whole or any part of any order, whether it is an order by instalment or otherwise, by the Buyer is permitted except where agreed in writing in advance by a manager of the Company, or contacting customerservice@toc.ie. or calling us on 069-64386.
2. The Company will not offer or accept any cancellation or refund in respect of Goods made to your specification or design, certain items are non-refundable. For a full list of non-refundable products, please contact customerservice@toc.ie 
3. If the Buyer is a consumer, as defined in the S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, then for Goods purchased online you may have a legal right to change your mind within 14 calendar days and receive a refund.
4. At the Buyer’s cost, Goods, once delivered, may not be returned unless authorisation has been given as specified in conditions and provided that the following conditions are satisfied:

• Goods will only be accepted if they are in brand new and unused condition and free from any defects.
• Packaged items will only be accepted if the package remains unbroken and in reasonable condition. Subject to the individual product.
• Goods will only be accepted if returned within 21 calendar days of collection or delivery.
• Where Goods are returned by agreement, a restocking charge may be charged at the Company’s discretion.

• In every case the invoice number and date together with reason for return must be stated; and goods must be returned to the company’s nominated branch during operating hours.

PRICE

1. Any price quoted by the Company is a provisional price only and is based upon current price ruling as at the date appearing on the quotation, but the actual price to be charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of invoice and shall include the cost to the Company of any carriage, insurance and/or shortage effected by it in connection with the Buyer’s order. In accordance with these terms and conditions, the Company shall be entitled at any time up to the date of the invoice to vary the price quoted to the Buyer.
2. For our trade customers, unless otherwise expressly stated in writing, all prices are exclusive of VAT, and therefore subject to the addition of VAT and any other applicable taxes and levies. This shall not apply to consumers and for consumers all prices shall be shown inclusive of VAT.
3. The prices and availability of the goods and promotions on this website are subject to change at any time for any reason by the Seller.
4. Once an order has been accepted, the Buyer shall not be entitled to withhold or delay payment of any portion of the price agreed. Title to all goods is reserved until payment is reserved in full.
5. Should a pricing error or omission occur on the website, we will contact you to inform you of the error and will be unable to fulfill the order at the misquoted price. In this event you will be offered the option of a refund before the items are shipped. You can also choose to proceed with the order at the corrected price.
6. This website is for use by people aged 18 or older. If you are under the age of 18, you should refrain from using this website.

DATE FOR PAYMENT

1. For online orders, we may take payment from your card when we process your order made on the Company’s website.
2. Subject to Conditions, the Buyer shall make payment for all other Contracts in full within thirty days from the end of the month in which the invoice is dated, or as otherwise agreed with the Company as per the terms of Conditions.
3. Any delay or default by the Buyer in making payment in accordance with conditions shall render all sums owing to the Company on any account whatsoever including the costs of recovery of such sums, due and payable forthwith without requirement for any notice to be given to the Buyer, and interest will be charged in accordance with conditions with immediate effect until the date of actual payment.
4. The Buyer shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Buyer (whether or not the Goods or Services are to be provided by instalments and in such case each instalment is deemed to constitute a separate and distinct Contract). In the case of any short delivery or delivery of damaged Goods to the Buyer, the Buyer shall remain liable to pay the full invoiced price of all other Goods delivered.

TERMINATION AND SUSPENSION
Without prejudice to any rights and remedies available to it, whether under the Contract or otherwise, the Company shall be entitled in its absolute discretion and upon giving to the Buyer written notice of its intention to do so, either to terminate wholly or in part the Contract and/or any other contract with the Buyer or to withhold, vary or suspend performance of all or any of its obligations under the Contract or any other Contract in any one or more of the following events:

1. If any sum owing to the Company from the Buyer on any account whatsoever shall be unpaid after the due date for payment, in accordance with conditions
2. If the Buyer shall refuse to take delivery or collect any of the Goods in accordance with the terms of the Contract.
3. If the Buyer shall commit any breach of any Contract with the Company.
4. If the Company in good faith shall have doubts as to the solvency of the Buyer.
5. Where it is necessary to make alternative arrangements to deal with supply shortages the Buyer’s obligation to purchase Goods hereunder shall remain binding to the extent that the Company meets the Buyer’s order.
6. If the Buyer shall exceed the credit limit agreed between it and the Company from time to time on any account. The Company shall be entitled to require as a condition of resuming performance, under the Contract in such circumstances, the payment of such proportion of the sums or sum outstanding on any such account by the Buyer or such further sums as the Company sees fit in its absolute discretion to bring the Buyer back within its agreed credit limit.
7. If the Buyer refuses to permit or hinders performance of Services. The Company shall be entitled to exercise its rights of termination or suspension hereunder at any time during which the event giving rise thereto shall not have ceased or been remedied, and in the circumstances of any such suspension, the Company shall be entitled to require as a condition of resuming performance under the Contract, pre-payment of or such security and it May stipulate for the payment of any sum or sums due or to become due to it. Upon any such event happening the Company shall also have a general lien over all monies and property of the Buyer in its possession for any sums due to the Company.

CREDIT AGREEMENT

1. The Company may, in its sole discretion and following application by the Buyer, grant the Buyer a credit facility in respect of payment for Goods and/or Services purchased from such company.
2. The credit agreement may comprise an extended payment date, a credit limit or both on such terms as the Facilitator may determine is necessary (“Credit Facility”).
3. The payment date referred to in conditions outlined in the credit agreement form will be deemed amended by any extended payment date agreed under a Credit agreement.
4. Where the Buyer has a Credit agreement with Tadhg O'Connor Ltd, payments made by the Buyer to Tadhg O'Connor Ltd will, without prejudice to condition, be applied in settlement of invoices according to their issue date, from the longest outstanding to the most recent issued.
5. Where the Buyer reaches the available credit limit, no further Goods and/or Services may be purchased and charged to the Credit Facility unless and until Tadhg O'Connor Ltd agrees otherwise.
6. If the Buyer defaults in payment in accordance with the terms of such Credit agreement, Tadhg O'Connor Ltd will be entitled to enforce payment for the Goods and/or Services in accordance with these Conditions of Business as if the thirty day period referred to in conditions of the credit agreement had expired on the date of such default.

QUOTATIONS 

1. All quotations are subject to these terms and conditions. Any additional or different terms proposed by the Buyer shall not affect these Terms and Conditions.
2. Upon conversion of a quotation to an order, the order needs to be accepted by the Seller before it becomes binding on the Seller.
3. All prices quoted are exclusive of VAT and are subject to change until the Seller agrees and the order is placed. 
4. All prices quoted are valid for  up to 30 days from the quotation date. This quote is valid providing there is no price changes by the supplier of the goods included in the quotation. When ordering after this time, the items will need to be re-quoted and accepted by the Buyer to place the order.

This Contract shall be governed by and construed in accordance with the laws of Ireland. For any queries on our terms & conditions, please contact michaels@toc.ie