1. ABOUT THIS DOCUMENT
1.1 What they cover
This document sets out the Ceilingtiles.ie Business Web Sale Conditions (referred to as the sale conditions).
We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
1.3 Exclusion of your terms of purchase
These sale conditions apply to the exclusion of your terms and conditions of purchase.
2. ABOUT CEILING TILES.IE
www.ceilingtiles.ie supply ceiling tiles to the wholesale & retail industry in the Republic of Ireland, Vat Number 3700330EH.
3. BUSINESS SALES ONLY
These sale conditions apply to all sales of goods by us to businesses through our web site, and shall apply to any orders you submit through our web site.
In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser's specific to your orders; you and your means the person purchasing the goods from us; we, us, our and Ceilingtiles.ie mean Ceiling and Interior Systems Limited; the web site means our web site through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays.
5. HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2 Acceptance of your order
Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we dispatch the goods or the first installment of the goods to you.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.
6. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
8. CHARGES AND VAT
You agree to pay the price, delivery charges and other charges stated in the ordering web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are exclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.
9. PAYMENT TERMS
9.1 Payment with Order
Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
9.2 Credit Account
If you have a credit account with us, then the price, delivery charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of your order.
9.3 Payment Methods
We accept payment by PayPal, MasterCard, Visa, and such other cards as may be stated on our web site from time to time. Payment is deducted when we process your order, if payment is due with order. If credit terms have been agreed, then we also accept payment by cheque, and bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorized or cleared for any reason we will tell you.
9.4 No Set-off
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
If you fail to pay any amount on time, then we shall have the rights set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended or replaced). If that act does not apply, then we may charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annum rate of 8% over the Bank of Ireland base rate from time to time.
10.1 Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will be to the address at which your payment card is registered, or to any other address you have provided. Please note that we only deliver to premises located in the Republic of Ireland (Excluding Northern Ireland).
10.2 Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.00 p.m., please calculate your delivery time as if your order had been placed the following working day.
10.3 Delivery Timescales
We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
We may make delivery of the goods by instalments.
10.5 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time. We will give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). We will store the goods for a maximum of 2 months, after which we may sell the goods and account to you for the proceeds less our reasonable storage costs.
10.6 Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your goods, as this will be important if you are returning the goods later on.
Unless an installation services applies to the goods, you will be responsible for unpacking and installation of any goods.
10.8 Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 7 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
Risk in the goods shall pass to you on delivery.
10.10 Retention of Title
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.
11. CANCELLATION RIGHT
11.1 Your right to cancel
To enable you to have a reasonable opportunity to try out the goods, we give you the right to cancel the contract in accordance with the following terms. You can do this by giving us notice before you receive the goods, or by giving notice no later than 7 days after the day you received the goods. We reserve the right to refuse a cancellation in our sole discretion if we believe in our reasonable opinion that this right is being abused (such as you are not genuinely using it just to evaluate the goods).
11.2 When can I NOT cancel?
You are allowed to open the goods and try them out before cancelling, but you will not be able to cancel if:-
(a) the goods cannot be returned by reason of their nature (for instance you have opened or used any pack of paper) or are liable to deteriorate or expire rapidly;
(b) the goods are damaged or marked in any way or have unreasonable wear or are otherwise not in a condition consistent with your having taken reasonable care of them;
(c) the goods are in a condition such that they cannot reasonably be re-sold at all or for more than 80% of their original value;
(d) you are not able to return the goods with all packaging, contents, documents, and other items supplied with or as part of the goods; or
(e) you sell, transfer, hire or lend the goods or give ownership of the goods to any other person.
11.3 How do I cancel?
If you wish to exercise your right to cancel then you can do this by one of the following methods:-
(a) following the instructions for returns in the documentation supplied with your goods on delivery;
(b) e-mailing us at firstname.lastname@example.org, quoting your order reference number;
(c) Tel 1890 253 362, with your order reference number to hand;
11.4 What must I do with the goods?
If you decide to cancel you must stop using the goods immediately and you must immediately return the goods to us at the company address. You are responsible for arranging for bringing the goods to us yourself, or having the goods posted or couriered back to us. Until you return the goods to us you must keep hold of the goods and take reasonable care of them, and if you send the goods back to us you must ensure that they are received by us and are not damaged in transit, otherwise your right of cancellation will cease. If you are not able to return the goods in a condition consistent with your having taken reasonable care of them, or with all packaging and other items supplied with the goods, we may charge you for any reduction in value of the goods as a result.
11.5 When do I receive my refund?
If you decide to cancel, we will refund you less a restocking fee of 30%, within 30 days of the date that you cancel, or if later. Within 30 days of return of the goods to us, less any direct costs in recovering the goods which we are entitled to charge you, and less any other amounts that we are entitled to charge you under this Clause 11. We will not be required to refund any charge you paid for any extended cancellation period, extended warranty or enhanced rights over those set out in these Business Web Sale Conditions, or any delivery charges, and associated VAT.
12.1 Manufacturer's Warranty
We hereby assign to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the goods. You are responsible for dealing directly with the manufacturer concerning claims under that warranty.
12.2 Our Warranty
We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the goods;
(b) we will replace the goods with goods which do conform to the contract; or
(c) we will take the goods back and refund you all amounts paid by you under the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
12.3 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law.
13 LIMITATION OF LIABILITY
13.1 Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
13.2 Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
13.3 Excluded Types of Loss
Subject to the Clause 13.2, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
13.4 General Limitation
Our liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.
14. FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
15. Ceilingtiles.ie RIGHT TO CANCEL OR VARY
(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
(b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or
(c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
We shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
16.1 Entire Agreement
The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director of Ceilingtiles.ie. No employee, other than a company director, has authority to change the terms of the contract.
16.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
16.3 Assignment by Ceilingtiles.ie
We shall be entitled to assign the benefit of the contract and any debts under the contract.
16.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.
We may sub-contract our obligations under the contract.
16.6 Invalid Terms
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
16.8 Law and Jurisdiction
The contract shall be governed by the laws of the Republic of Ireland and the courts of Republic of Ireland shall have exclusive jurisdiction.
Catalogue Terms And Conditions
We will make every effort to ensure your delivery arrives on time. Sometimes, due to circumstances beyond our control, deliveries are delayed. Should this happen we will do our level best to get your goods to you as soon as possible and minimize any inconvenience. Unfortunately, we cannot take responsibility for any consequential losses.
To ensure you receive the best service available some calls may be monitored or recorded for training purposes. We occasionally share our customer list with other carefully selected companies outside the group for sales and marketing purposes. If you want to be excluded from all third party marketing please contact us on 00353 214 509399.
Ceilingtiles.ie is a trading name of Ceiling and Interior Systems Limited. Ceilingtiles.ie supplies customers in the Republic of Ireland. We are a company registered in the republic of Ireland, with company number 412927 .References to Ceilingtiles.ie, we, us and our in this document are to Ceiling and Interior Systems Limited.
Types of data
3.1 Corporate data
This is data relating companies and other businesses who are our customers, which is data not constituting personal data under the Data Protection Act 1998.
3.2 Personal Data
This is personal data as defined in the Data Protection Act 1998.
3.3 Subscriber Data
This is telephone, fax and e-mail addresses of individual or corporate subscribers for the purposes of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
OUR COMMITMENT TO YOU
5. CONTACTING US
If you have any questions about any data we may hold about you please contact us using using any of the contact methods listed on our web site.
6. HOW DO WE OBTAIN CUSTOMER DATA?
We obtain data when you set up an internet account with our web site to shop on line. We also obtain data if you register an e-mail address with us to receive offers and newsletters from us. We also generate and hold data specific to your orders, including products ordered, payments made and order tracking information.
7. WHAT DATA DO WE HOLD?
In order for us to provide the best possible level of service, we gather and hold the following types of information:-
7.1 Contact Information
This includes your organization, company, partnership, sole trader or other business or organizational name, postal, invoicing, and delivery addresses, telephone, mobile, and fax numbers, and e-mail addresses, including details of individuals who are contacts for your business or organization.
7.2 Payment Information
This comprises your credit or debit card information and payment history and any credit check information. Note that we only retain your card information for a limited period of time, to process the specific order in which you provided that information, unless you ask us to keep these details on record for future transactions, through your internet account.
7.3 Order Information
We generate and hold information specific to your orders with us, including a record of your orders, payments made, order tracking, fulfillment and delivery.
7.4 Web Site Usage Information
We may record your usage of our web site and the products you browse and purchase history. This helps us to provide you with a more personalized service which is tailored to suit your needs.
7.5 Relationship Information
We hold on record information relating to any communications and dealings we have with you, including enquires and complaints, and credit checks.
8. WHAT DO WE USE YOUR DATA FOR?
8.1 Customer Relationship
Generally, your data allows us to provide you with personalized services and correspond with you separately. We also use it to support and manage your customer relationship with Ceilingtiles.ie, including to maintain your account, inform you of changes and general news in relation to Ceilingtiles.ie, and to deal with your enquiries and complaints.
8.2 Performing Contracts
We use your data for the purposes of performing, administering and managing your orders and their subsequent fulfilment.
8.3 Data Analysis
We use your data along with other data we hold, to carry out general (anonymous) assessment, analysis and research in relation to our business, products, services and customers, including to assist in the provision of services and products to you, and to facilitate reviews, developments and improvements to the services and products offered to you.
8.4 Security and Training
We may monitor and record telephone calls for the purpose of security and training.
8.5 Transfers to third parties
In relation to personal data we do not transfer this to third parties without your consent, except as provided in Clause 10. In relation to corporate data we may sell or otherwise supply this to other companies in our group, and to third parties.
9. EMAIL MARKETING AND NEWSLETTER
If you have consented to e-mail updates, then we may send to you from time to time by e-mail, updates, marketing messages and promotions relating to ceilingtiles.ie and our products and services, including promotions and offers.
As part of our customer service offering we also provide a regular email newsletter service. This service brings to you details of monthly special offers and product promotions as well as information on new products.
If you have not already subscribed to receive our newsletter and other marketing messages, then please send an email to email@example.com, or submit your e-mail address in the box provided at the homepage at our web site.
If you wish to opt-out of receiving the newsletter and other marketing messages, then please un-tick the box in your online account details, or access the "Unsubscribe" link that is available on all promotional emails sent to you. You can subscribe again at any time by following the procedures above.
10. WHO DO WE DISCLOSE YOUR DATA TO?
We do not share your data with any third parties except as provided in this policy or as required by law. In particular, we will not share personal data with third parties for direct marketing by those third parties without your further consent.
10.2 Third Party Service Providers
In order to perform your orders, collect payment, and provide you with a service we may disclose your data to third parties (such as credit and debit card processing companies, credit reference agencies, outside suppliers, distributors and delivery companies) for such purposes.
10.3 Our Group Companies
We share user experience information or other customer level data with companies within our group as well as our trusted third parties, agents and business partners for the purpose of accomplishing our objectives of customer personalization and improvement of site design and user experience. These third parties will only use your data for those purposes and will only have access to the data needed to perform the relevant service they are providing.
10.4 Credit References
To help us decide whether to accept orders from you or (where applicable) allow you payment credit terms, you acknowledge that we may undertake whatever searches and enquiries and obtain whatever references or other information we consider necessary, including carrying out searches with credit reference agencies. You can contact us for details of the credit reference agencies used by us. Credit reference agencies may add to their records details of our search which will then be seen by other organizations making searches, and may be linked to records of others associated with you, including any person with whom you are linked financially and members of your household. We may use a credit scoring or other automated decision making system.
10.5 Administration and Legal
We may use and disclose to third parties any information we hold about you and your payment record for the purposes of administration and enforcement of this agreement and for other related purposes. We may also supply your information to relevant authorities and other third parties where legally required or reasonably required in connection with any legal process or any legal obligations binding on us.
We may provide aggregate statistics (including information derived from your data) about our sales, traffic patterns, and related website information, to trustworthy third parties, but these statistics will include no personally identifying information.
11. DATA SECURITY
We are firmly committed to data security and we take steps to guard against unauthorized access to all customer data. We protect the privacy of your information using highly secure, password-protected servers.