TERMS AND CONDITIONS OF SALE
1. IN THESE CONDITIONS THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT REQUIRES OTHERWISE.
b) “Business” means a customer who orders or purchases Products for use for or in the course of a business.
c) “Company” means Flogas Ireland Limited, its successors and assigns.
d) “Consumer” means a customer who orders or purchases Products outside of any business or trade.
e) “Customer” means a Business or Consumer, whichever is applicable in the context.
f) “Goods” means the products ordered via the Online Shop.
g) “Online Shop” means the Company’s Online shop as may be updated from time to time.
h) “Products” means Goods for sale in the Online Shop.
i) “Services” means the delivery of Products to the Customer.
j) “Web Site” means the website which belongs to the Company with the domain name www.flogas.ie.
2. ABOUT US
Flogas Ireland is a DCC Business. A number of products in our online store will be dispatched by our appliance partners E McManus Distributors, Barstown, Dunboyne, Co. Meath. Tel: 01 8252517. Email: email@example.com.
MacEoin Merchants Ltd., Ballyhea, Dingle, Co. Kerry. Tel: 066 9150615. Email: firstname.lastname@example.org and cylinder partners.
3.2 Any order that you place will be subject to these terms and conditions. You are responsible for ensuring that all the details you give are correct as The Company cannot be held liable for any mis-delivery arising out of incorrect information that you have provided.
3.3 Once you have confirmed the details of your order The Company will send you an order acknowledgement detailing the products you have ordered. Please note that this acknowledgement is neither an order confirmation nor order acceptance from The Company.
3.4 Acceptance of your order and the completion of the contract between you and The Company will take place on despatch to you of the products ordered unless The Company has notified you that The Company does not accept your order.
3.5 The Company recommends that you keep a hard copy of these terms and conditions and your order acknowledgement from The Company.
4. DELIVERY4.1 Products in the Online Shop are only for Customers in the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery. In respect of delivery of age restricted goods, your order is deemed confirmation that you are over 18 years old and that you accept that The Company reserves the right to refuse delivery to anyone appearing to be under 18 years old.
4.2 Delivery charges and estimated timescales are specified when you place an order. The Company will make every effort to deliver goods within the estimated timescales. However The Company shall be under no liability for any delay or failure to deliver the products within estimated timescales.
4.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by The Company.
4.4 Where delivery is delayed due to the lack of accurate delivery instructions you shall be liable for The Company’s storage costs at 2% of invoice value for each completed month which delivery is delayed beyond the stated delivery date.
4.5 If The Company attempts to deliver and such an attempted delivery is not possible due to your refusal to accept the goods for whatever reason you shall be liable for all costs and expenses incurred by The Company in respect of the abortive delivery.
4.6 The Company reserves the right to make partial deliveries when required by The Company.
4.7 Delivery Leadtimes: Please check your order confirmation email or online for our delivery leadtimes. 4.8 Delivery Charges: The Company offers free delivery for some products purchased from the Online Shop. Delivery charges may apply on certain appliances and this will be detailed on the web site.
4.9 You must report any goods that are damaged on delivery within 72 hours to The Company’s Customer Services team by telephone or email. You need to inspect all products on delivery for damage. The Company requires you to sign a delivery note setting out any damage that the inspection reveals as resulting from delivery. Missing goods, or those delivered faulty or defective may be refunded at The Company’s absolute discretion provided you inform The Company’s Customer Services team within 72 hours of receipt of goods. The Company may ask you to dispose of certain goods, safely, in accordance with The Company’s instructions.
5. PAYMENT5.1 The Company will take payment from you via its secure payment system at the time The Company receives your order. Goods are subject to availability. In the event that The Company is unable to supply goods, The Company will inform you of this as soon as possible. A refund will be given if you have already paid for the goods.
5.2 The Company may undertake appropriate security checks during the order process via third party databases. By placing an order and thus accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a third party which may keep a record of that information. This will only be done securely and any data processing will be undertaken strictly in accordance with relevant Data Protection Acts and Regulations.
5.3 The price you pay is the price displayed in the Online Shop at the time The Company receives your order save in the event of an error. If The Company discovers an error in the price of goods you have ordered, The Company will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If The Company is unable to contact you The Company will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5.4 Title to any products you order from The Company shall pass to you on delivery of the products provided that The Company has received payment in full for the products.
5.5 All prices are shown in Euro including VAT.
5.6 Legal and beneficial title shall not pass to you until The Company has received cleared funds in respect of all amounts due to The Company under these terms.
5.7 Until such time that title passes to you, goods should be identified as the property of The Company, stored separately from goods owned by you and must be properly insured.
6. TRADEMARKS, ETC.6.1 All copyright, trademarks and other intellectual property rights in materials in the Online Shop remain vested in The Company.
6.2 Any re-use or copying of the material of the Online Shop is strictly prohibited.
7. OTHER TERMS7.1 Nothing in these terms and conditions excludes or limits The Company’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 The Company will use reasonable endeavours to verify the accuracy of any information in the Online Shop but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the products contained within.
7.3 The contract between you and The Company shall be governed by the laws of Republic of Ireland and any dispute between us will be resolved exclusively in the courts of Republic of Ireland.
7.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions.
7.5 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
7.6 These terms and conditions set forth the entire agreement and understanding between you and The Company for purchases you make using the Online Shop.
8. RETURNS8.1 The Company aims to sell quality products but The Company is aware that sometimes you may need to return a product. You should check your items carefully upon delivery and before use or installation. You should also keep your receipt or order number, which can be found on your order confirmation or on the delivery note, as this can be used as proof of purchase in the event of any after-sales queries.
8.2 If you are purchasing as a business, The Company makes the promises set out in clauses 8.3 and 8.4 which are part of The Company’s contract with you. In order to bring you better value, The Company excludes (as far as permitted by law) any implied warranty, condition or other term as to quality and fitness for purpose. (for consumer purchases see clause 8.5 and 8.6)
8.3 The Company will be pleased to give you a refund for any non-faulty product returned in fully resaleable condition (this includes the transport packaging (or reasonably suitable alternative), the original product packaging, seals and shrink wrap intact, together with any accessories sold with it within 14 days of the date of delivery together with your The Company receipt for the products. If the goods are not in a suitable condition (as determined by The Company acting reasonably), The Company reserves the right to charge a restocking fee of €50 (excl VAT) plus 20% of the selling price of the goods.
If you have not returned the goods within 14 days of cancellation or when reasonably requested to do so by us, whichever occurs first, The Company can collect the goods from you at your cost. The charge for collection is €50(excl VAT) and any non faulty goods must comply with these terms.
8.4 If a product you purchase from The Company goes wrong due to faulty workmanship and you contact The Company helpline within 12 months of purchase The Company aims to have the product repaired free of charge and at the minimum of inconvenience to you. Faulty products must be accompanied by proof of purchase and all original components, manuals and packaging (where possible).
When you contact The Company Customer Services team The Company will arrange for a qualified engineer to visit your premises to repair the product if economically appropriate. It may be that the product has to be taken away for repair within a reasonable period of time or it may be that a repair is not appropriate in which case The Company will discuss an alternative solution with you.
8.5 If you are purchasing as a consumer, in addition to the service offered by The Company under clause 8.4 you also have rights regarding merchantable quality and fitness for purpose of the goods included in the contract between you and The Company by the Sale of Goods and Supply of Services Act 1980. Nothing in these terms affects any of your statutory rights which cannot, by law, be taken away from you. For the avoidance of doubt, a consumer is deemed to be someone who is not buying in the course of a business and who is buying goods of a type ordinarily supplied for private use. If you are not buying as a consumer The Company only give the warranties in clauses 8.3 and 8.4.
8.6 If you are purchasing as a consumer, in addition to your rights under clause 8.4 and any other statutory rights that you may have, you have the right to cancel your order for non-faulty goods within 14 days after the date of delivery and receive a refund from The Company. To cancel, you must notify The Company by email email@example.com of your intention to cancel within this time and The Company will need the following information from you:
- The order number
- The Goods to be Returned and Quantity
- The reason why the goods are being returned
When you notify The Company, you will be given a returns authorisation number that you must quote on either the delivery note or order confirmation which needs to be enclosed with your returned goods. You will also be given an address to where the goods are to be returned.
The cost for returning the goods must be met by you unless the goods are faulty, incorrect or because of unsuitable substitution by The Company. To return the goods you can contact The Company to arrange for collection by The Company (at a time we reasonably specify) or you can post the goods. Find out more and download the Cancellation form here.
The Company will accept back goods that are:
- Incorrectly Ordered or
- Surplus to your Requirements.
The goods must be in the original packaging and unused / unopened. Goods that have been used or opened will be refused and returned to you at your cost. The Company advises you to ensure that the goods are adequately insured and that you take reasonable care of the goods whilst they are in your possession.
Refunds can only be in the form of the original method of payment. Original delivery costs are only refunded if the goods in question are returned due to an error made by The Company.
When The Company returns desk receives the goods back and has checked that they conform to these terms, The Company will issue a refund. This can take 7-10 working days from receipt of the goods. If the goods are not in a suitable condition (as determined by The Company acting reasonably), The Company will not be obliged to give you a refund and will return the goods to you at your cost or destroy them after 28 days if they remain unclaimed by you.
If you have not returned the goods within 14 days of cancellation or when reasonably requested to do so by us, whichever occurs first, The Company can collect the goods from you at your cost. The charge for collection is €50 (excl VAT).
The Company reserves the right to deduct any delivery or collection cost it incurs on your behalf under these terms out of any amount due to you from The Company.
8.7 The Company Customer Services: Before calling The Company, check the instruction manual, packaging and guarantee documents with the goods for the manufacturer’s customer helpline telephone number. The Online Shop Customer Service number is 041 9831041 or see Contact Us.
8.8 The Company is not responsible for reasonable wear and tear or where goods have been altered or repaired without The Company’s approval. If the problem is not due to workmanship, then you agree to be responsible for the reasonable costs of testing the product.
Important: you will be responsible for the costs of returning the goods to us unless The Company delivered the item to you in error or the item is faulty.
9. LIABILITY9.1 Where you are purchasing as a business, The Company excludes (to the fullest extent permitted by law) those warranties and conditions relating to merchantable quality and fitness for a particular purpose. This does not affect consumer purchases which have the benefit of statutory rights regarding merchantable quality and fitness for purpose. The Company’s total liability to business users arising out of the sale of the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). The Company does not accept liability for the fitness of goods for business purposes, nor does The Company accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
9.2 For the avoidance of doubt, The Company shall not be liable to you for any indirect or consequential loss or damage (including but not limited to loss of profit, loss of business, loss of sales, loss of opportunity, loss of goodwill), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with your purchase of goods from The Company or otherwise under these terms.
10 DATA PROTECTION / USE OF INFORMATION
17.1 As a normal part of supplying you with LPG, Flogas inevitably holds some of Your personal data such as Your name, address, telephone number, gas meter readings, invoices issued to you, payments received from you and telephone recordings. This condition clearly describes how we process that personal data, how we respect your privacy, and how You may exercise your right to receive a copy of that personal data. At all times, we treat your personal data in compliance with the relevant Data Protection and ePrivacy Laws and Regulations.
17.2 Information You provide or that We hold about You may be used by Us in connection with:
(a) Contractual purposes for Us to identify You when You make enquiries or to contact You through mail, telephone or other electronic means about your account;
(b) For Our legitimate interests in undertaking market research and analysis or for demonstrating and testing computer systems;
(c) For statutory purposes to comply with legal obligations to help Us prevent and detect crime, fraud, money-laundering or loss; and
(d) For Our legitimate interests in marketing about our services and products that you have purchased from Us and/or which may be of interest to You; and
(e) For Our legitimate interests in marketing about services and products in which we think you would be interested but only from other members of the DCC group who observe the same high levels of data protection as We do.
Information You provide or that We hold about You may be used by Us in connection with contractual purposes:
- To help administer any accounts, services and products provided by Us to You now or in the future;
- To recover outstanding amounts and make reimbursements to You.
Information You provide or that We hold about You may be used by Us in connection with legal obligations:
- to help prevent and detect crime;
- to ensure the health and safety of You and any other stakeholders affected by our operations.
17.3 We may monitor or record telephone calls for security purposes or to monitor or improve Our customer standards of service or to help prevent or detect fraud.
17.4 We may obtain searches about You from credit reference agencies. We and/or that credit reference agency may retain a record of any credit checks and details of Your account and such details may be passed to other organisations, including debt collection agencies, to allow Us and/or them to access further applications by You or for Our or their debt tracing, debt collection and fraud prevention purposes. This includes tracing those who have moved and are in default.
17.5 Where applicable, it is in our legitimate interest to obtain information from Your previous supplier that will enable Us to take over Your supply safely and efficiently.
17.6 Where applicable, It is in our legitimate interest to contact Your current or former landlord, tenant or letting agent for the purposes of establishing dates of occupation and gas usage.
17.7 In circumstances where You have provided false or inaccurate data and fraud is suspected, We may provide Your data to appropriate credit reference and fraud prevention agencies and law enforcement agencies including the Police and Revenue.
17.9 We must keep Your data accurate, up to date and safe at all times and You have the right to have Your data corrected. You also have the right to be forgotten so should You no longer be Our customer and We no longer require to hold Your personal data on file. In this instance We can delete or anonymise Your data so You are no longer identifiable on Our systems.
17.10 If You wish to obtain a copy of the data held about You on Our systems please contact Us by phone email or post at Flogas Ireland, Knockbrack House, Matthews Lane, Donore Road, Drogheda, County Louth and We will issue You with Your data free of charge.
17.11 Should You be dissatisfied with our responses, You may contact the Irish Data Protection Commissioner. Contact details for the Irish Data Protection Commissioner, as well as information on the relevant Data Protection Acts, may be found at the Data Protection Commissioner's web site http://www.dataprotection.ie.
Details on how our partners process your personal data is available by contacting them directly however The Company have put in place the relevant documentation with our partners around the secure processing of data.
More details about Our approach to data protection are at https://www.flogas.ie/privacy