Terms & Conditions
ProCraft Tools Ltd
Unit 1C, M4 Business Park, Celbridge, Co.Kildare
Tel: +353 1 627 4553/ +353 86 253 8079 | Email: info@procrafttools.ie
TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING GOODS FROM OUR SITE.
If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail or telephone our Customer Service Department, at the e-mail address and telephone number set out above.
When you buy Goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Board.
Introduction
These Terms explain how you may buy Goods from the Site. You should read the following Terms carefully before buying any Goods. When buying any Goods you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any Goods unless we agree otherwise. If you have any questions about these Terms, please contact us by email on : info@procrafttools.ie
All orders for Goods and services from the Site are accepted by us subject to these Terms, which (unless otherwise specifically agreed in writing by a Director of ProCraft Tools Ltd) override and exclude any other terms stipulated or incorporated or referred to by the Customer whether in the order or during any negotiations or any course of dealing established between ProCraft Tools Ltd and the Customer, and constitute the entire understanding between ProCraft Tools Ltd and the Customer for the sale of Goods or the provision of any services relating to them.
These Terms are only available in English. No other languages will apply to these Terms.
The details of the Contract will not be filed by us. If you need any further information on the Contract or any orders you have placed with us, please write to us at the following address: ProCraft Tools Ltd
Unit 1C, M4 Business Park, Celbridge, Co.Kildare
Definitions
In these Terms, the following words have the following meanings:
‘Additional Terms’ has the meaning given to it in Clause 2.2.2;
‘Confirmation E-Mail’ has the meaning given to it in Clause 2.1.4;
‘Contract’ has the meaning given to it in Clause 2.1.4;
‘Good or Goods’ means the good(s) described in the Confirmation Email;
‘Site’ includes the following websites: www.procrafttools.ie and all associated web pages;
‘Specific Terms’ has the meaning given to it in Clause 2.2.1;
‘Terms’ the terms and conditions set out in this document, any Additional Terms and any Specific Terms;
‘We, us or our’ means ProCraft Tools Ltd, an unlimited liability company incorporated under the laws of Ireland with company registration number N12266 and VAT number IE 3404032SH and having its registered office at Celbridge, Co Kildare; and
‘You, your or Customer’ means the person buying Goods from the Site.
Ordering Goods from the Site
The steps required to create the Contract between you and us are as follows:
You place an order on the Site by adding the selected Good(s) to your Shopping Cart and completing the online checkout process. The display of Goods on the Site does not constitute an offer to sell them as described, or to sell any goods at all. By completing the online checkout process, you are making an offer to buy which incorporates these terms.
When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.
We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:
the Goods are not available;
we cannot obtain authorisation of your payment;
you are not permitted to purchase the Goods; and
there has been an error by us on the pricing or description of the Goods.
We will only accept your order when we send you an e-mail that confirms this (‘Confirmation E-mail’). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the Goods to you (‘Contract’). Any Goods on the same order which we have not confirmed in an order confirmation to have been despatched do not form part of that contract. We reserve the right to decline any order, without giving a reason.
When you order Goods from the Site, Specific Terms or Additional Terms or both may apply as follows:
Certain Goods that we sell may have specific terms and conditions that apply to it which are set out on the relevant webpage (‘Specific Terms’).
We may also add to or replace these terms and conditions with additional terms and conditions (‘Additional Terms’). This may happen, for example, for security, legal or regulatory reasons. We will e-mail to let you know if we intend to do this by giving you one (1) month’s notice. You may end the Contract at any time by giving one (1) month’s notice if we tell you that Additional Terms will apply to the Contract.
When you buy Goods from us under any Specific Terms or any Additional Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the Goods are of satisfactory quality, as described, and fit for their purpose. Nothing in any Specific Terms or any Additional Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Information Board.
When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.
If you are less than 18 years old you may not purchase any Goods from the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian. Your use of and registration on the site is void where prohibited.
While we try to ensure that:
all weights, sizes and measurements set out on the Site are as accurate as possible there may be a tolerance of up to 10% in such weights, sizes and measurements; and
the colours of our Goods are as accurately displayed as possible on the Site the actual colours that you see on your computer may vary depending on the monitor that you use.
Any Goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Site. Such Goods may not necessarily be in perfect condition so please check that they of a satisfactory quality for their intended particular use.Unless otherwise stated, prices quoted are only valid during your browser session.
These Terms cannot be varied except by changes made by us on the Site, which we may make from time to time. Proposed changes to the Terms will be notified to you by an update on our Site and your use of the Site after such update shall be taken as your full acceptance of such changes.
General Website Terms and Conditions of Use
ProCraft Tools Ltd
Unit 1C, M4 Business Park, Celbridge, Co.Kildare, Ireland. Tel: +353 1 627 4553/ +353 86 253 8079 Email: info@procrafttools.ie
1. About our terms and conditions
1.1 These terms of use explain how you may use this website (the ‘Site’).
1.2 References in these terms to the Site includes the following websites:www.horsepower.ie and all associated web pages.
1.3 You should read these terms and conditions carefully before using the Site.
1.4 By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
1.5 If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact info@procrafttools.ie.
1.7 Definitions
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Unwanted has the meaning given to it in clause 5.1;
Submission
Website acceptable
use policy means the policy which governs your permitted use of the Site;
Website cookie policy means the policy which governs how we use cookies in the Site;
Website privacy policy means the policy which governs how we process any personal data collected from you;
Website terms and
conditions of supply means the terms and conditions which will apply to you ordering goods using the Site;
We, us or our means ProCraft Tools Ltd, an unlimited liability company incorporated under the laws of Ireland with company registration number N12266 and having its registered office at Celbridge, Co Kildare. References to us in these terms also includes our group companies from time to time;
You or your means the person accessing or using the Site or its Content.
1.8 Your use of the Site means that you must also comply with our Website acceptable use policy, our Privacy policy, our Cookie policy and our Website terms and conditions of supply.
2. Using the Site
2.1 The Site is for your personal and non-commercial use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 The Site is intended for use only by those who can access it from within Ireland. We may accept orders for delivery to locations outside of Ireland although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Site from locations outside Ireland or place orders for delivery to locations outside Ireland, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@procrafttools.ie
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3. Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 The ProCraft Tools Ltd trade mark used on the Site is our trademark and any third party marks used on the Site (if any) are trade marks of the respective third party owner. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
4. Software
4.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
4.2 All such software is solely for your personal use in a non-commercial manner.
4.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5. Submitting information to the Site
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (‘Unwanted Submissions’). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6. Accuracy of information and availability of the Site
6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
6.2 We may suspend or terminate operation of the Site at any time as we see fit.
6.3 You may have certain legal rights when using the Site (such as if the Website terms and conditions of supply apply to you. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods and Supply of Services Act 1980 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these terms and conditions affects these legal rights.
6.4 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8 Limitation on our liability
8.1 Except for:
8.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 breach of any of the provisions implied into these terms and conditions under the Sale of Goods and Supply of Services Act 1980 (or any other law);
8.1.4 we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that 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).
9. Events beyond our control
9.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10. Variation
10.1 These terms are dated 16 June 2014. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11. Disputes
11.1 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, the relevant courts of Ireland will have exclusive jurisdiction in relation to the Terms. Relevant Irish law will apply to these Terms.
Website Acceptable Use Policy
1. Introduction
1.1 Together with our General Website Terms and Conditions, this acceptable use policy governs how you may access and use the Site.
1.2 Definitions
Site includes the following websites: www.procrafttools.ie and all associated web pages;
Submission or means any text, images, video, audio or other multimedia
submissions content, software or other information or material submitted by you or other users to the Site;
We, us or our means ProCraft Tools Ltd, an unlimited liability company incorporated under the laws of Ireland with company registration number 3404032SH and having its registered office at Celbridge, Co Kildare. References to us in these terms also includes our group companies from time to time; and
You or your means the person accessing or using the Site or its Content.
2. Acceptable use
2.1 We permit you to use the Site only for personal, non-commercial purposes and primarily for accessing information about us and ordering our products. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.
3. Restrictions on use
3.1 As a condition of your use of the Site, you agree:
3.1.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this policy or our General website terms and conditions of use;
3.1.2 not to use the Site to commit any act of fraud;
3.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code
3.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
3.1.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information i.e. phishing;
3.1.6 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 not to use the Site in any manner that harms minors;
3.1.8 not to promote any unlawful activity;
3.1.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
3.1.11 not to attempt to circumvent password or user authentication methods; and
3.1.12 to comply with the provisions relating to our Intellectual Property Rights and Software contained in our General website terms and conditions of use.
4. Bulletin boards, chat rooms and other interactive services
4.1 We may make bulletin boards, chat rooms or other communication (‘Interactive Services’) available on the Site.
4.2 We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
4.3 We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
4.4 Any Submission you make must comply with our Submission standards set out below.
5. Submission standards
5.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. In particular, you warrant that any Submission or communication is:
5.1.1 your own original work and lawfully submitted;
5.1.2 factually accurate or your own genuinely held belief;
5.1.3 provided with the necessary consent of any third party;
5.1.4 not defamatory or likely to give rise to an allegation of defamation;
5.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.1.6 unlikely to cause offence, embarrassment or annoyance to others.
6. Linking and framing
6.1 You may create a link to our Site from another website without our prior written consent provided no such link:
6.1.1 creates a frame or any other browser or border environment around the content of our Site;
6.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
6.1.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
6.1.4 is placed on a website that itself does not meet the acceptable use requirements of this policy.
6.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
7 Using the ProCraft Tools Ltd name and logo
7.1 You may not use our trade marks, logos or trade names except in accordance with this policy and our General website terms and conditions of use. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with our brand guidelines.
8. Breach
8.1 We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
9. Disputes
9.1 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, the relevant courts of Ireland will have exclusive jurisdiction in relation to the Terms. Relevant Irish law will apply to these Terms.