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Terms and Conditions

PARFIX EQUIPMENT COMPANY LTD.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.parfix.ie (our site) to you.

Please print off and read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

1. INFORMATION ABOUT US

www.parfix.ie is a site operated by Parfix Equipment Company Ltd. We are registered in Northern Ireland under company number NI 21336 and with our registered office and main trading address at Unit 4, Locksley Business Park, 39 Montgomery Road, Belfast, BT6 9UP. Our VAT number is GB 496 974 369.

2. YOUR STATUS

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation) together with an invoice for those Products despatched. The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.

3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

4. CONSUMER RIGHTS

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.

4.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.4 You will not have any right to cancel a Contract for the supply of any products that have been used by you and cannot be resold because of your use of those Products.

5. AVAILABILITY AND DELIVERY

5.1 It is our aim to deliver Products within 3 working days for delivery in Ireland, calculated from receipt of funds and assuming that the Products you have ordered are available in our warehouse to despatch to you. These time periods however are estimates only and deliveries beyond this date will not be grounds to cancel your order unless we fail to deliver the Products to you within a reasonable time or as a consumer you exercise your right to cancel in accordance with condition 4 above.

5.2 Whilst we cannot guarantee delivery within the time periods specified at condition 5.1, if you have not received your Products after this period has expired, please contact us by sending an email to lrutherford@parfixwholesaledirect.com or telephone 028 90 706800 (048 90 706800 if you are in the Republic of Ireland) with your order number to hand. We will advise you of the present position and endeavour to ensure you receive the Products as soon as is reasonably possible.

5.3 Be advised that if you are trading with us as a consumer, we have a statutory obligation to deliver Products to you within a maximum period of 30 days of the date of the order acknowledgement after which you have the right to cancel your order and receive a full refund of the purchase price.

5.4 The quantity of any Products as recorded by us on despatch from our premises shall be conclusive evidence of the quantity received by you on delivery unless conclusive evidence to the contrary can be provided to us. For the avoidance of doubt, any signature given to any courier by any person other than yourself at the delivery address confirming receipt of the Products shall not be deemed conclusive proof of non - delivery.

6. RISK AND TITLE

6.1 The Products will be at your risk from the time we deliver the products to you.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7. PRICE

7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

7.2 These prices exclude VAT and exclude delivery costs, which will be added to the total amount due and will be provided to you once you have provided the delivery address to us on our online ordering system. Depending upon where we are asked to despatch the goods to and depending on the weight and size of the Product, delivery costs may vary and where the cost for arranging delivery is higher than the cost advised to you on our website, we will advise you of this and give you the opportunity to cancel your order.

7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.

7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8. PAYMENT

8.1 Payment for all Products can be made by credit or debit card. We accept payment by Maestro, Laser, MasterCard or Visa.

8.2 On receipt of your order we will automatically deduct the cost of the Products together with delivery charges from your card within 24 hours of receiving your order.

8.3 Where necessary pursuant to these terms and conditions, we are also able to cancel or refund individual items of your order should this become necessary in order to comply with our obligations to you.

8.4 You may also order products on our website and pay for them by cheque. In such circumstances your order will be placed on "hold" until we receive your cheque and have obtained cleared funds to our bank account. Once received we will then send to you an order acknowledgement and proceed to make arrangements for delivery.

9. OUR LIABILITY

9.1 As we do not manufacture any of the Products on our website, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by our suppliers.

9.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for a period of 12 months.

9.3 Our general liability for losses you suffer as a result of us breaking this agreement in any way is strictly limited to the purchase price of the Product you purchased and any losses which are a reasonably foreseeable consequence of us breaking the terms of this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order was accepted by us.

9.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.5 We are not responsible 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 income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10. OUR REFUNDS POLICY

10.1 (a) Because you have exercised your rights as a consumer and cancelled the Contract between us within the seven-day cooling-off period (see condition 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full to you, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

10.1(b) For any other reason (for instance, because you claim that the Product is defective or does not comply with the warranties as set out at clause 9.2), we will examine the returned Product and will notify you with our view on whether you are entitled to obtain a refund, repair or replacement Product via e-mail within a reasonable period of time.

10.2 If any Product is alleged to be defective or does not conform with any of the warranties in condition 9.2, you must return the Product to us for inspection initially at your own cost.

10.3 Where we are satisfied that the Product is defective or does not comply with the warranties in 9.2, we shall at our option either arrange the repair or replacement of such Goods and refund you your reasonably incurred expenses in returning the product to us. If however you are a consumer you will also have the additional right to request a full refund of the purchase price paid for the Product together with the delivery costs we originally charged you when purchasing the product and any reasonably incurred delivery costs you incurred in returning the Product to us.

10.4 Where we agree to make a refund to you, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective Product.

10.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. PRIVACY POLICY

11.1 We may use information that you provide to us in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

11.2 When processing your order through our website, all personal data, including your card number and other personal details are transmitted over secure connections, meaning that no-one can 'eavesdrop' and capture your details. As such you are protected because the transaction was processed on the basis 'Cardholder not present.' This means that any payments will be refunded to your card should it be later established that your card has been used fraudulently by someone else or you do not receive what you ordered.

11.3 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

11.4 We guarantee that apart from seeking authorizations to debit your credit card or debit card, we will not pass your details to any other company.

11.5 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and as such any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

11.6 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

11.7 Questions, comments and requests regarding this privacy policy are welcomed and should be addressed in writing to the Managing Director at the registered address of Parfix Equipment Co. Ltd.

12. WRITTEN COMMUNICATIONS

12.1 United Kingdom and Irish law requires that some of the information or communications we send to you should be in writing. As such, when using our site you accept that communication with us will be mainly electronic.

12.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

13.1 All notices given by you to us must be given to Parfix Equipment Co. Ltd at our registered office address which is Unit 4, Locklsey Business Park, 39 Montgomery Road, Belfast, BT6 9UP.

13.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

17. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

If you have a complaint about any of our services you may either ring our telephone number on 028 90 706800 (048 90 706800 in the Republic of Ireland) or email us at lrutherford@parfixwholesaledirect.com.

23. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by United Kingdom and Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the UK and Ireland.

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