Terms & Conditions
Terms & Conditions. 28/10/2020
In these terms and conditions (the Conditions) the Seller means HPC Sales Limited and the Buyer means the purchaser of the goods. The Goods mean the products of the Seller.
To purchase any Goods from us you must be 18 years of age. If you proceed to purchase any Goods you are confirming that you are at least 18 years of age.
Information About Us and How to Contact Us.
- We are HPC Sales Limited a company established and registered in Ireland. Our registered address is Unit 2, Building A, Ballymount Retail Park, Ballymount, Dublin 24.
- You can contact us by telephoning our customer service team at 01 4508488or writing to us at [email protected]
- The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from these images.
- The packaging of the Goods may vary from that shown in images on our website.
- If we are supplying the Goods to measurements you have given us you are responsible for ensuring that these measurements are accurate and correct.
Quotations and Orders
- All quotations, acceptances, undertakings or transactions are subject to these Conditions and any additional or different terms proposed by the Buyer shall not amend or modify these Conditions and shall, to the extent that they purport to so amend or modify these Conditions, be of no effect. The Buyer will be deemed to have agreed to and accepted these Conditions upon the placing of any order for Goods.
- These Conditions constitute the entire agreement between the Seller and the Buyer. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in these Conditions.
- An order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. No order in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the Seller. The Buyer is responsible for ensuring that the terms of any order are complete and accurate.
- We may be unable to accept your order. This might be because the Goods are out of stock, because of unexpected limits on our resources, because a credit reference obtained for you (in the case of trade buyers) does not meet our minimum requirements, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
- VAT shall be charged on all sales as applicable.
- We reserve the right not to accept orders from outside the Republic of Ireland.
- The Seller reserves the right to vary its prices without notice for any reason whatsoever and unless otherwise agreed in writing, prices shall be those ruling at the date when the Goods are supplied to the Buyer.
- Subject to clauses 14 and 15 below, the price of the Goods (and applicable VAT) will be the price indicated on the order pages of the website when you place your order.
- Our website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item's correct price is higher than the price stated on the Website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
- We are under no obligation to provide Goods to you at the incorrect (lower) price, even after we have sent you a confirmation email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
- During the order process we will let you know when we will provide the Goods to you (which will be within 30 days of the date on which we accept your order or such other time as we agree with you). The Seller shall use reasonable endeavours to ensure that delivery takes place within the stated period. Failure by the Seller to deliver the Goods within the agreed time period shall not amount to a breach of this contract by the Seller and the Buyer shall not be entitled to damages or other compensation or to cancel this contract by reason of such failure.
- The Seller reserves the right to deliver in instalments. Each part delivery shall be deemed to constitute a separate contract, the fulfilment or non-fulfilment of which shall not affect any other part of the contract or the contract as a whole.
- The Seller reserves the right to charge a delivery fee – this will be clearly indicated to you on the order page of our website before you confirm your order.
- The Seller will be entitled to charge an additional delivery fee beyond the standard fee listed on the website in the event that the Seller accepts an order for delivery to a remote location, or one not within the Republic of Ireland. We will inform you of this charge before issuing the Goods for dispatch and if you are not satisfied with the delivery charge you may cancel the order.
- Where the delivery address is on an island the Seller will deliver only to the nearest mainland ferry port.
- The Seller will deliver only to the kerbside of the Buyer's address, save at its absolute discretion. The buyer is responsible for the health & safety requirements & safeguarding of the goods once unloaded to the ground.
- The Seller is not required to take back or dispose of packaging and pallets.
- It is the Buyer’s sole responsibility to ensure that their driveway and turning space is suitable for, and capable of accepting for delivery, the Seller's delivery vehicles.
- The Seller reserves the right on all occasions to require that the Buyer collect the Goods and to not deliver the Goods to the Buyer's nominated address.
- Where any order involves more than one delivery and default is made on payment on the due date (either under this contract or any other contract made between the Seller and the Buyer) the Seller shall have the right to suspend all further deliveries until payment is made or to terminate the contract without prejudice to any existing claim.
- The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, hindered or delayed by reason of any circumstances whatsoever which are outside the control of the Seller.
- Once delivery has been accepted the Buyer shall not be entitled to withhold or postpone payment of all or any portion of the price agreed, therefore.
- The Goods will be your responsibility and at your risk from the time we deliver the Goods to you or you or a carrier organized by you collect them from us.
- If you are contracting as a consumer (that is an individual purchasing Goods from us wholly or mainly for your personal use and not for use in connection with your trade, business, craft or profession), under the European Union (Consumer Information, Cancellation and Other Rights) Regulations you have the legal right to cancel a contract within fourteen days of receipt of the Goods (subject to exclusions set out in the regulations). You will receive a full refund of the price paid for the Goods.
- To cancel a contract, you must inform us in writing by sending an email to [email protected] You may use the form in Schedule 1 if you wish. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods 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.
Complaints / Claims
- Notice of claims for damage to goods or shortages must be given in writing to the Seller within 3 days of date of collection or delivery.
- The Seller shall not be liable for any shortage in quantity delivered nor for any defect in the quality, nature or condition of the Goods nor for non-compliance with any specifications unless a claim in writing shall have been received by the Seller from the Buyer within seven days of delivery of the Goods.
- In the event of such a claim, and upon receipt of the aforementioned notice within the time specified, the Seller shall, if possible, make good the said shortage, and or as appropriate, replace, without admission of liability, any Goods found to be defective. In the event that it is not reasonably possible either to make good the said shortage, or replace the said Goods, the Seller may elect to give credit to the Buyer in respect of such shortage or replacement.
- The Seller reserves the right to refuse a return of Goods where there is no defect in the nature, quality or condition of the Goods. Goods may be returned by prior arrangement only and are accepted for credit at the sole discretion of the Seller. A 15% handling charge shall apply on all Goods accepted by the Seller as returned for credit.
- Where the Buyer is buying the Goods in the course of a business, the Seller gives no warranty as to the quality or fitness for any particular purpose of the Goods and the terms implied by sections 13, 14 and 15 of the Sale of Goods Acts 1893 and 1980 are, to the fullest extent permitted by law, excluded from these Conditions.
- Subject to clause 27 below, in no circumstances whatsoever shall the Seller’s liability to the Buyer arising out of or in connection with this contract or the Goods supplied exceed the invoice price of any particular item in regard to which a claim is made.
- Notice of claims in relation to errors in pricing or discount must be given in writing within 30 days of date of invoice.
- These Conditions shall apply to any repaired or replacement Goods supplied by the Seller.
- Where you are a consumer we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.
Retention of Title
- All Goods supplied to the Buyer, notwithstanding delivery and the passing of risk, shall remain the property of the Seller until such time as all monies due to the Seller, whether in relation to the specific goods or otherwise, have been discharged in full. Until title to the Goods has passed to the Buyer, the Buyer shall store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller's property and shall maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery. Furthermore and in the event that the Buyer has not discharged all sums due to the Seller, the Seller reserves the right to repossess any Goods supplied in respect of which payment has not been made and thereafter to sell on these Goods. The Buyer hereby grants an irrevocable right and licence to the Seller, its representatives or agents to enter upon all and any of its premises to recover such Goods. This clause shall be binding on the Buyer, its staff, agents and any receiver, liquidator or examiner or such other person as may be appointed by the Courts.
- The Buyer shall effect payment to the Seller for all Goods supplied on or before the due date, as agreed with the Seller.
- An administration charge will be levied at a rate of 7% above the ECB base lending rate at the time payment is due on all overdue accounts – this shall apply even in the event that Seller continues to supply Goods to the buyer on credit at the Sellers discretion.
- We may suspend supply of Goods if you do not pay us for Goods when you are supposed to.
- The Seller reserves the right to recover all and any charges incurred by it in collecting overdue monies including debt collectors’ fees, solicitors’ fees and/or Court costs.
Ending the Contract
- Even if we are not at fault and you are not a consumer who has changed their mind in accordance with the 'cooling-off period', if you are a consumer you can still end the contract before it is completed and the Goods are delivered. You can just contact us and let us know. The contract will end immediately and we will refund you any sums for products not provided but we may deduct from that refund reasonable compensation for the costs we will incur as a result of your ending the contract.
- If any provision or part-provision of these Conditions are or become invalid, illegal or unenforceable, they shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity or enforceability of the rest of these Conditions.
- No variation of these Conditions, including the introduction of any additional terms and conditions, shall be effective unless it is writing and agreed in writing by the Seller.
Governing Law and Jurisdiction
- Subject to Clause 47, the following shall apply:
- these Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of Ireland; and
- each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or their subject matter or formation.
(Complete and return this form only if you wish to withdraw from the contract)
To HPC Sales Limited of Unit 2, Building A, Ballymount Retail Park, Ballymount, Dublin 24
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate