Irelands No. 1 Energy Saving Products Store

Shipping Returns & Terms & Conditions

Shipping Returns & Terms & Conditions

Smart Energy Store GROUPSHIPPING RETURNS & TERMS AND CONDITIONS

LAST MODIFIED: 20th April 2010

1. INTERPRETATION

In these Terms and Conditions (the “Terms”) the following words shall have the following meanings:

“Goods” means the wood pellet stoves (or such other products Smart Energy Store may make available from its Site) which Smart Energy Store is to supply to you in accordance with these Terms;

“Site” means this website accessible through the domain www.smartenergystore .ie

1. General

  1. These Terms set out the terms and conditions under which you may use this Site and under which you may purchase Goods from Smart Energy Store.
  2. The Site is owned and operated by Smart Energy Store. 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.
  3. These Terms shall govern any contract for the purchase and sale of Goods (including delivery) to the exclusion of any other terms and conditions subject to which any order is made or purported to be made by you. No conduct by Smart Energy Store shall be deemed to constitute acceptance of any terms and conditions put forward by you.
  4. Smart Energy Store may revise the Terms at any time, and Smart Energy Store reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms. Any amendments to the Terms will be effective immediately when they are posted on the Site. If any modification is unacceptable to you, you shall stop using the Site. Your continued use of the Site following our posting of a change of terms will constitute your binding acceptance of the change.

2. Your Use of the Site

The contents of the Site, such as text, graphics, images, photographs, code and other material (the “Materials”), are protected by copyright, trade mark (including both registered and unregistered trade marks) and other laws in both Ireland and overseas. You may not reproduce, display, distribute, sell or modify or otherwise use the Materials in any way for any public or commercial purpose or otherwise in breach of these Terms.

1. Links From Other Websites

Smart Energy Store generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided Smart Energy Store has given its prior written consent to such linking and that the viewing of the Site is not impaired by framing or similar techniques that may impair use of the Site.

1. Inaccuracies in the Materials

The Materials may contain inaccuracies or typographical errors. Smart Energy Store makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials. In particular, any typographical, clerical or other error or omission in any sales literature, quotation, price list, or other document or information made available through this Site shall be subject to correction without any liability on the part of Smart Energy Store in the case of any such inaccuracy or typographical error.

1. Limitation of Liability

1. All warranties, conditions or other terms implied by statute or common law, except in respect of death or personal injury caused by Smart Energy Store’s negligence, are, except as herein provided, excluded to the fullest extent permitted by law.

2. Smart Energy Store does not warrant that the Site will operate error-free or that the Site and its contents are free of computer viruses and other harmful elements. The Site is provided on an “as is” basis without any warranties of any kind.

3. The following provisions set out Smart Energy Store’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under these Terms; and (ii) any representations, statements or tortious act or omission (including negligence) arising under or in connection with these Terms (“Event of Default”).

4. Smart Energy Store shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Smart Energy Store as soon as is reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware, and Smart Energy Store shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.

5. Smart Energy Store shall not be liable, and shall not otherwise be deemed to be in breach of these Terms, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances outside of its reasonable control.

6. Under no circumstances (in contract, tort, or otherwise) shall Smart Energy Store’s liability for the sale of Goods exceed the price paid by you for those Goods.

7. You are responsible for ensuring that Goods supplied shall be used solely for their intended purpose and that such Goods shall only be stored and used under safe conditions. It shall be your responsibility to ensure that:

  1. the Goods can be properly used in conjunction with your equipment and without causing damage or adversely affecting such equipment, and Smart Energy Store shall not be liable for any damage or adverse effect in the event that incorrect or unsuitable equipment is used by you; and
  2. the Goods are properly stored and in particular in a damp-free environment, as even low levels of moisture can damage or destroy wood pellets. You are hereby on notice of this potential for damaging or destroying the Goods through dampness. Should you have any queries regarding proper storage, please contact Smart Energy Store who can advise on appropriate means. Smart Energy Store shall not be liable for any damage or adverse effect in the event that incorrect or unsuitable storage means or equipment are used by you, regardless of whether or not you were present to take possession of the Goods in person at the time of delivery.

No liability shall rest with Smart Energy Store for any failure on your part to discharge this responsibility.

1. Disclaimer of Consequential Damages

In no event shall Smart Energy Store be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and/or the Goods, whether based on statute, contract, tort, or any other legal cause.

1. Your Obligations

1. You hereby agree and confirm that:

  1. any information provided by you will be true, accurate, current and complete.
  2. you are the authorised holder of any credit/debit card you use on the Site.
  3. you will, unless alternative arrangements have been specifically agreed with Smart Energy Store in advance of delivery, make yourself available for delivery and to take delivery of any Goods ordered by you from the Site.
  4. you will provide reasonable co-operation to Smart Energy Store in all matters relating to the Terms and the Goods.

2. PRODUCT DESCRIPTION

1. Goods are sold subject to individual product descriptions which may set out additional specific terms and conditions related to that product including without limitation regarding estimated delivery times. Where applicable, you shall be deemed to be on notice of the terms and conditions attaching to any particular Goods, whether located on this Site or otherwise, from the time such terms and conditions become accessible to you.

2. You are entirely responsible for ensuring the accuracy of any order submitted and for providing any information relating to Goods and/or delivery necessary to effect proper delivery of the Goods.

3. Smart Energy Store reserves the right to make any changes to the specification of Goods which are required to confirm with any applicable statutory or EU requirements or to make changes which do not materially affect their quality or performance.

4. Smart Energy Store attempts to be as accurate as possible. However, Smart Energy Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Amazon itself is not as described, your sole remedy is to return it in unused condition.

3. Placing Your Order With Smart Energy Store

1. Any order you make through this Site shall be deemed to constitute an offer to purchase. No contract shall exist between you and Smart Energy Store for the sale by it to you of any Goods unless and until Smart Energy Store accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Smart Energy Store sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the laws of Ireland.

2. While every effort is made to ensure the availability of Goods and to fulfill all orders, Smart Energy Store cannot guarantee the availability of all Goods displayed on the Site. Smart Energy Store reserves the right to discontinue the sale of any Goods or services listed on this Site at any time without notice.

4. Prices And Payment

1. Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT at the current rates but do not include delivery charges. These will be notified to you and applied after you select your delivery details. Smart Energy Store reserves the right to change or amend prices or promotional offers at any time without notice.

2. Smart Energy Store accepts payments made by all major credit card providers. Smart Energy Store’s server is certified secure by AIB.

5. Delivery

1. Smart Energy Store will endeavour to have your Goods delivered within [ten] working days. While Smart Energy Store will endeavor to meet our delivery estimates, Smart Energy Store cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside this estimate. Time for delivery shall not be of the essence.

2. Delivery will only take place once payment in full has been received by Smart Energy Store.

3. Title to the Goods will only pass when:

1. delivery is acknowledged by a valid signature from a member of your household who is 18 years or over; or

2. in circumstances where it has been agreed in advance with Smart Energy Store that delivery will be made without you (or someone authorised by you) being present to take receipt of the Goods, when the Goods are actually delivered.

4. If Smart Energy Store fails to deliver the Goods (or any installment) for any reason other than any cause beyond its reasonable control or your fault and Smart Energy Store is accordingly liable to you, Smart Energy Store’s liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered, over the price of the Goods.

5. If you fail to accept delivery of Goods, then without prejudice to any other right or remedy available, Smart Energy Store may sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses charge you for any shortfall and/or any costs incurred due to your failure to accept delivery.

6. Smart Energy Store reserves the right to deliver up to ten per cent more or ten per cent less than the quantity ordered without any adjustment to the price and the quantity so delivered shall be deemed to be the quantity ordered.

6. Returns And Refunds

Smart Energy Store will within seven working days of delivery accept the return of any Goods which are in their original condition and packaging and in the opinion of Smart Energy Store are re-saleable. For the avoidance of doubt, Smart Energy Store will not accept the return of goods which have been damaged or destroyed or are otherwise not re-saleable, including for example through dampness. If Smart Energy Store agree to provide you with a refund, Smart Energy Store will instruct its bank to credit your credit card account within 30 days of receipt of the returned Goods, the return of the Goods being at your expense. In order to return Goods, please contact Smart Energy Store at info@smartenergystore.ie and quote your order number.

1. Our Privacy Statement

Smart Energy Store respects your right to privacy. In order to process orders, Smart Energy Store will be required to retain certain information including your name, address, phone numbers, e-mail address, IP address, billing shipping address. Smart Energy Store will retain this information in accordance with its obligations under the Data Protection Acts 1988 – 2003, as more particularly described in Smart Energy Store’s Privacy Policy, accessible at the Privacy & Legal Section on the homepage. You should review our Privacy Statement, which is incorporated into these Terms by this reference.

1. General

1. Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site.

2. If any provision of these Terms is found to be invalid by any competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

3. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. No variation of any of these Terms shall be binding unless agreed to in writing by Smart Energy Store.

4. If you have questions or concerns regarding these Terms or the Goods, please contact us on info@smartenergystore.ie or by regular mail addressed to Smart Energy Store Energy Limited, Mitchell St, Thurles, Co Tipperary

Mitchell Street, Thurles, Co. Tipperary, Ireland   Telephone: 0504 24700   Email: info@smartenergystore.ie

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