Terms & Conditions
& Conditions. All Goods and Services are supplied in accordance with our Trading
Terms & Conditions which are set out in full on this site.
Buying from us ::
Once you have found an item you wish to purchase, click on add to cart, from
there follow the instructions simply fill out you details, please make sure to
provide valid e-mail and contact phone number. Once submitted we will contact to
arrange payment method and suitable delivery times. Any special requirements
or delivery comments should be entered in the section provided in the check out
get a order in from the on-line shop then you are commenting to buy this item
All prices includes VAT
Shipping & Handling::
Postage and packaging will be charged at cost price for all orders. Currently we
are only shipping within Rep of Ireland. Please contact us for all other
destinations and costs
All orders are processed upon receipt. Please
allow fourteen to twenty one working days for receipt of orders. A charge at
cost price per package is made to cover packing. We will attempt to pack
multiple purchases into one consignment but where this is not achievable for
exceptional items only, we reserve the right to charge a further carriage charge
for extra consignments. This will not be done without our contacting you first
If you have any comments please e-mail us at :
not disclose customerís
information to third parties.
Remittance Terms:: Only Items paid for by debit or
credit cards can be accepted. Goods can also be dispatched against cleared
cheques by arrangement.
Returns:: Goods can only be returned with prior authorization.
Please contact email@example.com or (064) 6632328. Only goods authorized for
return will be accepted and must not be returned until you receive a Returns
Number, Any item that have to been ordered specially are subject to 20%
SEAMUS WELDON T/A GORTNAVOGUE LIMITED
CONDITIONS OF SALE
1.1. In these Conditions:
'BUYER' means the person who accepts a quotation of the Seller for the sale of
the Goods or whose order for the Goods is accepted by the Seller;
'GOODS' means the goods (including any installment of the goods or any parts for
them) which the Seller is to supply in accordance with these Conditions;
'SELLER' means Seamus Weldon T/A GortnaVogue Ltd (registered in Rep of Ireland)
'CONDITIONS means the standard terms and conditions of sale set out in this
document and (unless the context otherwise requires) includes any special terms
conditions agreed in writing between the Buyer and the Seller;
'CONTRACT' means the contract for the purchase and sale of Goods; and
'WRITING' includes telex, cable, facsimile transmission and comparable means of
1.2. Any reference in these Conditions to any provisions of a statute shall be
construed as a reference to that provision as amended, re-enacted at the
1.3. The headings in these Conditions are for convenience only and shall not
affect their interpretation.
Basis of the sale
2.1. The Seller shall sell and the Buyer shall purchase the Goods in accordance
with any written quotation of the Seller which is accepted by the Buyer, or any
of the Buyer which is accepted by the Seller, subject in either case to these
Conditions, which shall govern the Contract to the exclusion of any other terms
conditions subject to which any such quotation is accepted or purported to be
accepted, or any such order is made or purported to be made, by the Buyer.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of
acceptance of these Conditions.
2.4. No variation to these Conditions shall be binding unless agreed in Writing
between the authorized representatives of the Buyer and the Seller.
2.5. The Seller's employees or agents are not authorized to make any
representations concerning the Goods unless confirmed by the Seller in Writing.
In entering into the
Contract the Buyer acknowledges that it does not rely on any such
representations which are not so confirmed.
2.6. Any advice or recommendation given by the Seller to its employees or agents
to the Buyer or its employees or agents as to the storage, application or use of
which is not confirmed in Writing by the Seller is followed or acted upon
entirely at the Buyer's own risk, and accordingly the Seller shall not be liable
such advice or recommendation which is not so confirmed.
2.7. Any typographical, clerical or other error or omission in any sales
literature, quotation, price list, acceptance of offer, invoice or other
document or information issued
by the seller shall be subject to correction without any liability on the part
of the Seller.
Orders and specifications
3.1. No order submitted by the Buyer shall be deemed to be accepted by the
Seller unless and until confirmed in Writing by the Seller's authorized
3.2. The Buyer shall be responsible to the Seller for ensuring the accuracy of
the terms of any order (including any applicable specification) submitted by the
Buyer, and for
giving the Seller any necessary information relating to the Goods within a
sufficient time to enable the Seller to perform the Contract in accordance with
3.3. The quantity, quality and description of and any specification for the
Goods shall be those set out in the Seller's quotation.
3.4. If the Goods are to be manufactured or any process is to be applied to the
Goods by the Seller in accordance with a specification submitted by the Buyer,
shall indemnify the Seller against all loss, damages, costs and expenses awarded
against or incurred by the Seller in connection with or paid or agreed to be
the Seller in settlement of any claim for infringement of any patent, copyright,
design, trade mark or other industrial or intellectual property rights of any
person which results from the Seller's use of the Buyer's specification.
3.5. The Seller reserves the right to make any changes in the specification of
the Goods which are required to conform with any applicable statutory or EC
where the Goods are to be supplied to the Seller's specification, which do not
materially affect their quality or performance.
3.6. No order which has been accepted by the Seller may be cancelled by the
Buyer except with the agreement in Writing of the Seller and on terms that the
indemnify the Seller in full against all loss (including loss of profit), costs
(including the cost of all labour and materials used), damages, charges and
incurred by the Seller as a result of cancellation.
3.7 The orders of emergence spare parts (Parts to be supplied within 48hours
only applies to working days) which are not in stock at premise of Seamus Weldon
TA GortnaVogue Ltd are subject to percentage surcharge;
Price of the goods
4.1. The price of the Goods shall be the Seller's quoted price or, where no
price has been quoted (or a quoted price is no longer valid), the price listed
in the Seller's
published price list current at the date of acceptance of the order. All price
quoted are valid for 30 days only after which time they may be altered by the
without giving notice to the Buyer.
4.2. The Seller reserves the right, by giving notice to the Buyer at any time
before delivery, to increase the price of the Goods to reflect any increase in
the cost to the Seller
which is due to any factor beyond the control of the Seller (such as, without
limitation, any foreign exchange fluctuation, currency regulation, alteration of
increases in manufacturers prices, significant increase in the costs of labour,
materials or other costs of manufacture), any change in delivery dates,
specifications for the Goods which is requested by the Buyer, or any delay
caused by any instructions of the Buyer or failure of the Buyer to give the
adequate information or instructions.
4.3. Except as otherwise stated under the terms of any quotation or in any price
list of the Seller, and unless otherwise agreed in Writing between the Buyer and
all prices are given by the Seller on an ex works basis, and where the Seller
agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer
liable to pay the Seller's charges for transport, packaging and insurance.
4.4. The price is exclusive of any applicable value added tax, which the Buyer
shall be additionally liable to pay to the Seller.
4.5. The cost of pallets and returnable containers will be charged to the Buyer
in addition to the price of the Goods, but full credit will be given to the
Buyer provided they
are returned undamaged to the Seller within 14 days of delivery.
Terms of Payment
5.1. Subject to any special terms agreed in Writing between the Buyer and the
Seller, the Seller shall be entitled to invoice the Buyer for the price of Goods
at any time after
the Seller has notified the Buyer that the Goods are ready for collection.
5.2. The Buyer shall pay the price for the Goods on or before delivery of the
Goods and in any event within 30 days of the date of the Seller's invoice, and
the Seller shall
be entitled to recover the price, not withstanding that delivery may not have
taken place and the property in the Goods has not passed to the Buyer. The time
payment of the price shall be of the essence of the Contract. Receipts for
payment will be issued only upon request.
5.3. If the Buyer fails to make any payment on the due date then, without
prejudice to any other right or remedy available to the Seller, the Seller shall
be entitled to:
5.3.1. cancel the contract whereupon any deposit paid by the Buyer shall be
5.3.2. suspend any further deliveries to the Buyer;
5.3.3. appropriate any payment made by the Buyer to such of the Goods (or the
goods supplied under any other contract between the Buyer and the Seller)
as the Seller may think fit (not withstanding any purported appropriation by the
5.3.4. charge the Buyer interest (both before and after any judgment) on the
amount unpaid, at the rate of 7% over the European Central Bank main refinancing
rate and on the entire overdue invoice amount, however big or small and
including any VAT base rate from time to time, until payment in full is made (a
part of a month being treated as a full month for the purpose of calculating
interest). This is law was set by EU Legislation in 2002
Late Payment in Commercial Transactions
6.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at
the Seller's premises at any time after the Seller has notified the Buyer that
the Goods are
ready for collection or, if some other place for delivery is agreed by the
Seller, by the Seller delivering the Goods to that place.
6.2. Any dates quoted for delivery of the Goods are approximate only and the
Seller shall not be liable for any delay in delivery of the Goods however
caused. Time for
delivery shall not be of the essence of the Contract unless previously agreed by
the Seller in writing. The Goods may be delivered by the Seller in advance of
quoted delivery date upon giving reasonable notice to the Buyer.
6.3. Where the Goods are to be delivered in installment, each delivery shall
constitute a separate contract and failure by the Seller to deliver any one or
more of the
installments in accordance with these Conditions or any claim by the Buyer in
respect of any one or more installment shall not entitle the Buyer to treat the
Contract as a whole as repudiated.
6.4. If the Seller fails to deliver the Goods (or any installment) for any
reason other than any cause beyond the Seller's reasonable control or the
Buyer's fault, and the Seller
is accordingly liable to the Buyer, the Seller's liability shall be limited to
the excess (if any) of the cost to the Buyer (in the cheapest available market)
goods to replace those not delivered over the price of the Goods.
6.5. If the Buyer fails to take delivery of the Goods or fails to give the
Seller adequate delivery instructions at the time stated for delivery (otherwise
than by reason of any
cause beyond the Buyer's reasonable control or by reason of the Seller's fault)
then, without prejudice to any other right or remedy available to the Seller,
6.5.1. store the Goods until actual delivery and charge the Buyer for the
reasonable costs (including insurance) of storage;
6.5.2. sell the Goods at the best price readily obtainable and (after deducting
all reasonable storage and selling expenses) account to the Buyer for the excess
over the price under the Contract or charge the Buyer for any shortfall below
the price under the Contract.
6.6. Risk of damage to or loss of the Goods shall pass to the Buyer:
6.6.1. in the case of Goods to be delivered at the Seller's premises, at the
time when the Seller notifies the Buyer that the Goods are available for
6.6.2. in the case of Goods to be delivered otherwise than at the Seller's
premises, at the time of delivery or, if the Buyer wrongfully fails to take
the Goods, the time when the Seller has tendered delivery of the Goods.
6.7. Notwithstanding delivery and the passing of risk in the Goods, or any other
provision of these Conditions, the property in the Goods shall not pass to the
the Seller has received in cash or cleared funds payment in full of the price of
the Goods and all other goods agreed to be sold by the Seller to the Buyer for
payment is then due.
6.8. Until such time as the property in the Goods passes to the Buyer, the Buyer
shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep
separate from those of the Buyer and third parties and properly stored,
protected and insured and identified as the Seller's property.
6.9. Until such time as the property in the Goods passes to the Buyer the Seller
shall be entitled at any time to require the Buyer to deliver up the Goods to
the Seller and, if
the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or
any third party where the Goods are stored and repossess the Goods.
6.10. The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the Goods which remain the property of the
if the Buyer does so all moneys owing by the Buyer to the Seller shall (without
prejudice to any other right or remedy of the Seller) forthwith become due and
Warranties and liability
7.1. Subject to the conditions set out below the Seller warrants that Goods
manufactured by the Seller will correspond with their specification at the time
of delivery and
will be free from defects in material and workmanship for a period of twelve
months from the date of their initial use or twelve months from delivery,
the first to expire.
7.2. The warranty contained in clause 8.1 above is given by the Seller subject
to the following conditions:
7.2.1. the Seller shall be under no liability in respect of any defect in the
Goods arising from any drawing, design or specification supplied by the Buyer;
7.2.2. the Seller shall be under no liability in respect of any defect arising
from fair wear and tear, wilful damage, negligence abnormal working conditions,
failure to follow the Seller's instructions (whether oral or in writing), misuse
or alteration or repair of the Goods without the Seller's approval;
7.2.3. the Seller shall be under no liability under the above warranty (or any
other warranty, condition or guarantee) if the total price for the Goods has not
been paid by the due date for payment;
7.2.4. the warranty does not extend to glass in any event nor does it extend to
any parts, materials or equipment not manufactured by the Seller, in respect of
which the Buyer shall only be entitled to the benefit of any such warranty or
guarantee as is given by the manufacturer to the Seller.
7.3. The Seller shall (so far as it is legally entitled to do so) assign to the
Buyer the benefit of any warranty or guarantee by the manufacturer of the Goods.
7.4. Subject as expressly provided in these Conditions, and except where the
Goods are sold to a person dealing as a consumer, all warranties, conditions or
other terms implied by statue or common law are excluded to the fullest extent
permitted by law.
7.5. Where the Goods are sold under a consumer transaction (as defined by the
business to Consumer Transactions act 2007 (Restrictions on Statements) Act
2007) the statutory rights of the
Buyer are not affected by these Conditions.
7.6. The Buyer shall inspect the Goods on delivery and shall within 3 days of
delivery notify the Seller of any alleged defect, shortage in quantity, damage
or failure to
comply with description. The Buyer shall afford the Seller an opportunity to
inspect the Goods within a reasonable time following delivery and before any use
made of them. If the Buyer shall fail to comply with these provisions the Goods
shall be conclusively presumed to be in accordance with the Contract and free
from any defect or damage which would be apparent on a reasonable examination of
the Goods and the Buyer shall be deemed to have accepted the Goods.
7.7. Where any valid claim in respect of any of the Goods which is based on any
defect in the quality or condition of the Goods or their failure to meet
notified to the Seller in accordance with these Conditions, the Seller shall be
entitled to repair or replace the Goods (or the part in question) free of charge
(provided that any defective parts have been returned to the Seller if the
Seller so requires) or, at the Seller's sole discretion, refund to the Buyer the
price of the
Goods (or a proportionate part of the price), but the Seller shall have no
further liability to the Buyer.
7.8. Except in respect of death or personal injury caused by the Seller's
negligence, the Seller shall not be liable to the Buyer by reason of any
fraudulent), or any implied warranty, condition or other term, or any duty at
common law, or under the express terms of the Contract, for any indirect,
consequential loss or damage (whether for loss of profit or otherwise), costs,
expenses or other claims for compensation whatsoever (whether caused by the
negligence of the Seller, its employees or agents or otherwise) which arise out
of or in connection with the supply of the Goods or their use or resale by the
and the entire liability of the Seller under or in connection with the Contract
shall not exceed the price of the Goods, except as expressly provided in these
7.9. The Seller shall not be liable to the Buyer or be deemed to be in breach of
the Contract by reason of any delay in performing, or any failure to perform,
any of the
Seller's obligations in relation to the Goods, if the delay or failure was due
to any cause beyond the Seller's reasonable control. Without prejudice to the
of the foregoing, the following shall be regarded as causes beyond the Seller's
7.9.1. Act of God, explosion, flood, tempest, fire or accidents;
7.9.2. war or threat of war, sabotage, insurrection, civil disturbance or
7.9.3. acts, restrictions, regulations, bye-laws, prohibitions or measures of
any kind on the part of any governmental, parliamentary or local authority;
7.9.4. import or export regulations or embargoes;
7.9.5. strikes, lock-outs or other industrial actions or trade disputes (whether
involving employees of the Seller or of a third party);
7.9.6. difficulties in obtaining raw materials, labour, fuel, parts or
7.9.7. power failure or breakdown in machinery.
Use of the Goods
8.1. The Buyer shall ensure that the Goods are used and maintained strictly in
accordance with the Sellers
instructions particularly in order to ensure the safe use of the
Goods and the prevention of damage to the Goods.
8.2. The Buyer shall be responsible for ensuring compliance with any statutory
or other provisions and regulations relating to the use of the Goods on a public
before the Goods are so used.
Insolvency of Buyer
9.1. This clause applies if:
9.1.1. the Buyer makes any voluntary arrangement with its creditors or (being an
individual or firm) becomes bankrupt or (being a company) becomes
subject to an administration order or goes into liquidation (otherwise than for
the purposes of amalgamation or reconstruction); or
9.1.2. an encumbrance takes possession, or a receiver is appointed, of any of
the property or assets of the Buyer; or
9.1.3. the Buyer ceases, or threatens to cease, to carry on business; or
9.1.4. the Seller reasonably apprehends that any of the events mentioned above
is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2. If this clause 10 applies then, without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel the
Contract or suspend any
further deliveries under the Contract without any liability to the Buyer, and if
the Goods have been delivered but not paid for the price shall become
due and payable notwithstanding any previous agreement or arrangement to the
10.1. Any notice required or permitted to be given by either party to the other
under these Conditions shall be in Writing addressed to that other party at its
or principal place of business or such other address as may at the relevant time
have been notified pursuant to this provision to the party giving the notice.
10.2. No waiver by the Seller of any breach of the Contract by the Buyer shall
be considered as a waiver of any subsequent breach of the same or any other
10.3. If any provision of these Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provisions of these
Conditions and the remainder of the provision in question shall not be affected.
10.4. The Contract shall be governed by the laws of Ireland, and the Buyer
agrees to submit to the exclusive jurisdiction of the Irish courts.