Payments
ProCraft Tools Ltd
Unit 1C, M4 Business Park, Celbridge, Co.Kildare
Tel: +353 1 627 4553/ +353 86 253 8079 | Email: info@procrafttools.ie
Payment
Payment is collected from your credit/debit card at the same time that your Confirmation Email is sent, and before the Goods are delivered.
We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Goods is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.
Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 4.
The price of the Goods:
includes VAT at the applicable rate, unless they are expressly quoted as not including VAT. Any Items sold outside the EU will have the VAT deducted at the point of sale by us and the Customer will be liable for any taxes/import duties/charges incurred in their jurisdiction;
does not include the cost of delivering the Goods; and
is quoted in euro (€)(EUR).
End of the Contract
If the Contract is ended it will not affect our right to receive any money which you owe to us under the Terms.
Limitation on our liability
Except for:
death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
fraud or fraudulent misrepresentation; and
breach of any of the provisions implied into these Terms under the Sale of Goods and Supply of Services Act 1980 (or any other law),
we will only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not under any circumstances responsible, by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise), for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
No Other Liability
We will have no liability to you other than as described in clause 8, whether under these Terms or on any other basis including liability in tort as a result of the sale of the Goods and at all times our liability to you shall be limited to an amount not exceeding the price actually paid by you in relation to the Goods giving rise to the liability.
Non-Excludable Liability
Nothing in this these Terms shall operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a Customer.
Title and Risk
Title in the goods shall pass to the Customer when payment has been made under the Contract.
Risk in the goods shall pass to the Customer upon delivery of the goods.
Resizing
If you order clothing, and it is so required, you will be entitled to one (1) adjustment under our complimentary re-sizing service.
Warranties
We warrant that:
at the time of entry into the Contract, we will have title to sell the Goods to you; and
the Goods sold to you will conform with the specification for them published by us or their manufacturer.
Remedy
Subject to clause 9, if we are in breach of the warranties given by us under clause 13, our liability shall be limited to:
replacement of the Goods concerned; or
at our option, reimbursement of the price.
Force Majeure We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance. Examples include strikes, problems with suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters or other Acts of God. In these circumstances, we may at our sole option delay the performance of, or cancel the whole or any part of the contract without liability to the Customer. If we cancel part of the Contract, the Customer shall pay for the Goods delivered on a pro rata basis. If the conditions last for more than two (2) months, the Contract may be terminated by either party without compensation.
Disputes
You must notify us of queries and/or complaints in writing within fourteen (14) days of receipt of the Goods.
We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, and the parties hereby agree that the relevant Irish courts will have exclusive jurisdiction in relation to the Terms and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts. Irish law will apply to these Terms.
For more detailed information, read Terms and Conditions.