Terms & Conditions

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1.  Application

1.1  These Terms and Conditions apply to the sales of Goods and/or contract of Services to you [the Client, or ‘you’];

1.2  By Mike V [the Supplier, Freelancer, ‘me’ or ‘I’].

1.3  These are the terms on which I contract all Goods and Services to you. By ordering any of these Goods or Services, you agree to be bound by these Terms and Conditions.

2.  Interpretation

2.1  Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.

2.2  Client means an individual acting on behalf of his or her her trade, business, craft or profession.

2.3  Goods means any Goods that I supply to you, of the number and description as set out in the Order.

2.4  Services means the Services, of the number and description set out in the Order.

2.5  Order means the Client's order for the Goods from the Supplier as set out in the Client's order or in the Client's written acceptance of the Supplier's quotation.

2.6  Contract means the legally-binding Contract between you and me for the supply of Services.

3.  Services

3.1  The description of Goods and Services is as set out on my website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.

3.2  Any Services to Individuals and Businesses are documented in a Contract.

3.3  In the case of Goods and Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3.4  All Goods and Services are subject to availability.

3.5  I can make changes to Goods and Services which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.

4.  Client Responsibilities

4.1  You must co-operate with me in all matters relating to the delivery of Goods or Services, provide me and our authorised employees and representatives with access to any premises under your control as required, provide me with all information required to perform the Services and obtain any necessary licences and consents [unless otherwise agreed].

4.2  Failure to comply with the above is a Client default which entitles me to suspend the supply of Goods or performance of the Services until you remedy it or if you fail to remedy it following our request, I can terminate the Contract with immediate effect on written notice to you.

5.  Basis of Sale or Contract

5.1  The description of Goods and Services on my website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell Goods or Services.

5.2  When an Order has been made, I can reject it for any reason, although I will try to tell you the reason without delay.

5.3  A Contract is formed for Services ordered, only upon the Supplier's written acceptance of the Order or, if earlier, the Supplier's delivery of the Services to the Client.

5.4  Any quotation or estimate of Fees [as defined below] is valid for a maximum period of 14 days from its date, unless I expressly withdraw it at an earlier time.

5.5  No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Client and the Supplier in writing.

5.6  I intend that these Terms and Conditions apply only to the sales of Goods or Contract of Services entered into by you as a Consumer or Client where I, the Supplier and you the Client, enter the Contract at any of the Supplier's or Client’s premises, and where the Contract is not a Contract [i] for which an offer was made by the Client in the Supplier's and the Client's simultaneous physical presence away from those premises, or [ii] made immediately after the Client was personally and individually addressed in the Supplier's and the Client's simultaneous physical presence away from those premises. If this is not the case, you must tell me, so that I can provide you with a different Contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where I carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

6.  Fees and Payment

6.1  The price of any Goods [if not included in the Fees] or Fees for Services, and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as I may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

6.2  Fees and charges do not include VAT.

6.3  Individuals: Payment for Services must be made at least 30 days in advance of delivery. You must pay by bank transfer or digital payment before delivery of Goods. A Deposit may apply.
Businesses: Payment for Services must be made within 15 days of completion of the Services or when the Services are delivered over a period of time. A Deposit may apply. A Pre-payment may apply.

6.4  A late payment fee of € 40 applies to every invoice where the payment is not received on its due date.

6.5  A late payment interest percentage is charged to every invoice where the payment is not received on its due date. The interest rate is calculated as per https://europa.eu/youreurope/business/finance-funding/making-receiving-payments/late-payment/index_en.htm.  

7.  Delivery

7.1  I will deliver the Goods or Services, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a.  in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into; or

b.  in the case of Services, within a reasonable time.

7.2  In any case, regardless of events beyond our control, if I do not deliver the Goods or Services on time, you can require me to reduce the Fees or charges by an appropriate amount [including the right to receive a refund for anything already paid above the reduced amount]. The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

7.3  In any case, regardless of events beyond our control, if I do not deliver the Goods on time, you can [in addition to any other remedies] treat the Contract at an end if:

a.  I have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to me before the Contract was made that delivery on time was essential; or

b.  after I have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and I have not delivered within that period.

7.4  If you treat the Contract at an end, I will [in addition to other remedies] promptly return all payments made under the Contract.

7.5  If you were entitled to treat the Order or Contract at an end, but do not do so, you are not prevented from cancelling the Order or Contract for any Goods or Services, or rejecting Goods and Services that have been delivered and, if you do this, I will [in addition to other remedies] without delay return all payments made under the Order or Contract for any such cancelled or rejected Goods or Services. If Goods have been delivered, you must return them or allow me to collect them from you and I will pay the costs of this.

7.6  If any Goods form a commercial unit [a unit is a commercial unit if division of the unit would materially impair the value of the Goods or the character of the unit] you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

7.7  I do not generally deliver Goods to addresses outside Ireland. If, however, I accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as I will not pay them.

7.8  You agree I may deliver the Goods in instalments if I suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

7.9  If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, I may charge the reasonable costs of storing and redelivering them.

7.10  The Goods become your responsibility from the completion of delivery or Client collection. You must, if reasonably practicable, examine the Goods before accepting them.

7.11  I deliver my Services globally, either through remote connection or at your business premises (additional Fees apply).

8.  Risk and Title

8.1  Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

8.2  You do not own the Goods until I have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, I can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow me to collect them.

9.  Withdrawal and cancellation

9.1  You can withdraw the Order or Contract by telling me before the Order or Contract is made, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.

9.2  You can cancel the Order or Contract except for any Goods which are made to your special requirements by telling me no later than 1 business day from the day the Order or Contract was entered into. If you simply wish to change your mind and without giving me a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then I must without delay refund to you the price for those Goods which have been paid for in advance, but I can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.

10.  Conformity

10.1  I have a legal duty to supply the Goods and Services in conformity with the Order or Contract, and are not conformed if it does not meet the following obligation.

10.2  Upon delivery, the Goods or Services are:

a.  be of satisfactory quality;

b.  be reasonably fit for any particular purpose for which you buy the Goods which, before the Order is made, you made known to me [unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment] and be fit for any purpose held out by me or set out in the Order; and

c.  conform to their description.

10.3  It is not a failure to conform if the failure has its origin in your materials.

10.4  I will supply the Services with reasonable skill and care.

10.5  In relation to the Services, anything I say or write to you, or anything someone else says or writes to you on our behalf, about me or about the Services, is a term of the Contract [which I must comply with] if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by me or on behalf of me on the same occasion, and any change to it that has been expressly agreed between me [before entering this Contract or later]. 

11.  Duration, termination and suspension 

11.1  The Contract continues as long as it takes me to perform the Services.

11.2  Either you or I may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a.  commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b.  is subject to any step towards its bankruptcy or liquidation.

11.3  On termination of the Contract for any reason, any of our respective remaining rights and liabilities are not be affected.

12.  Privacy

12.1  Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

12.2  These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

12.3  For the purposes of these Terms and Conditions:

a.  'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC [Data Protection Directive] or the GDPR.

b.  'GDPR' means the General Data Protection Regulation [EU] 2016/679.

c.  'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

12.4  I am a Data Controller of the Personal Data I Process in providing the Services and Goods to you.

12.5  Where you supply Personal Data to me so I can provide Services and Goods to you, and I Process that Personal Data in the course of providing the Services and Goods to you, I will comply with our obligations imposed by the Data Protection Laws:

a.  before or at the time of collecting Personal Data, I will identify the purposes for which information is being collected;

b.  I will only Process Personal Data for the purposes identified;

c.  I will respect your rights in relation to your Personal Data; and

d.  I will implement technical and organisational measures to ensure your Personal Data is secure.

12.6  For any enquiries or complaints regarding data privacy, you can contact me via the Contact Form.

13.  Successors and our sub-Contractors

13.1  Either party can transfer the benefit of an Order or Contract to someone else, and remain liable to the other for its obligations under the Contract. The Supplier is liable for the acts of any sub-Contractors who it chooses to help perform its duties.

14.  Circumstances beyond the control of either party

14.1  In the event of any failure by a party because of something beyond its reasonable control:

a.  the party advises the other party as soon as reasonably practicable; and

b.  the party's obligations are suspended so far as is reasonable, provided that that party acts reasonably, and the party is not liable for any failure which it could not reasonably avoid, but this does not affect the Client's above rights relating to delivery and the right to cancel below.

15.  Excluding liability

15.1  I do not exclude liability for: [i] any fraudulent act or omission; or [ii] death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, I am not liable for [i] loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or [ii] loss [e.g. loss of profit] to your business, trade, craft or profession which would not be suffered by a Consumer - because I believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

16.  Governing law, jurisdiction and complaints

16.1  The Order or Contract [including any non-Contractual matters] is governed by the law of the Republic of Ireland, or ‘Ireland’.

16.2  Disputes can be submitted to the jurisdiction of the courts of Ireland or, where the Client lives in Northern Ireland, in the courts of Northern Ireland respectively.

16.3  I try to avoid any dispute, so I deal with complaints as follows: 

a.  If a dispute occurs Clients should contact me to find a solution.

b.  I will aim to respond with an appropriate solution within 5 days.

THESE TERMS TAKE EFFECT ON 1 JANUARY 2024.