Terms & Conditions of website use
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products, listed on our website thebearagallery.com, to you. Please 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. You should print a copy of these terms and conditions for future reference.
1. The Beara Gallery
www.thebearagallery.com is a website operated by The Beara Gallery. Registered in Ireland, our trading address and registered office is Coolounig, Near Kenmare, Killarney, Ireland and our contact number is 0646683976.
2. Your status
By placing an order through our site, it is warranted that the following all apply:
(a) You are legally capable of entering into binding contracts
(b) You are at least 18 years old
3. Purchasing procedure
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Product, but does not confirm acceptance by The Beara Gallery. All orders are subject to acceptance by us. Acceptance by The Beara Gallery will be deemed to have been agreed on despatch of the goods, whereupon an email will inform you that the despatch has been made. No contract is deemed to have been made between us until the sending of the despatch notification email.
3.2 In the case of multiple purchases, and multiple despatches, outstanding products do not form a part of a contract until each individual item is notified of despatch. Acceptance of one part of the order does not necessarily agree acceptance of another part. All items will be treated individually within consignments
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 refund for the Products in accordance with our refunds policy as explained set out in clause 8 below.
4.2 In order to cancel a Contract, you must inform us in writing. The Product/products must be returned 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 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.
5. Availability, Delivery and Shipping Costs
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances. Please note that all delivery dates are estimates only and we shall have no liability to you in relation to such delivery dates not being met. For information, we consider 14 to 21 Working days to be an acceptable time frame, but orders are typically despatched in 3-5 Working days.
5.1 We endeavor where possible to calculate the shipping costs automatically, but due to the nature of working out these figures we reserve the right to charge for extra shipping costs if there is an error in this calculation. In the event that the actual shipping costs being substantially higher than estimated, we will contact the customer to make up the extra postage or give you the option for a full refund before processing the order.
6. Risk and Title
6.1 The Products will be at your risk from the time of delivery.
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 and Payment
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 include VAT but exclude delivery costs, which will be added to the total amount due. These can be viewed whilst in the shopping basket, or checkout, by entering your postcode.
7.3 Prices are liable to change at any time, Orders already confirmed by way of despatch confirmation will stand at the presiding price.
7.4 Prices quoted on our site are generally correct but mistakes do happen. Incorrectly priced items will be most likely noticed at the time of despatch and will be addressed at that time. In the event of the actual price being less than you paid, a refund or goods to the same value will be offered. If the price is higher than you paid we reserve the right to contact you for additional payment. At this time you are permitted to cancel the order or make the additional payment.
7.5 Notwithstanding the comments in 7.4 above, we reserve the right to cancel any incorrectly priced items, even after notification of despatch, in particular where the incorrect price may be deemed to be an obvious error
7.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Electron, Switch & Solo. We will not charge your credit or debit card until we despatch your order.
8. Our Refunds Policy
8.1 In all events, no returns will be accepted without the correct written authorisation. When a Product is returned:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as we receive the returned goods. In this case, we will refund the price of the Product in full. Deduction will be made for restocking at 20% of the product value. Outward carriage will also be deducted. Responsibility for the return carriage and insurance rests with the Purchaser
(b) For reason that it is defective, we will examine the returned Product as soon as it is received. Depending on the findings at the time of examination, we will either return the item, replace the item or offer a refund. Refunds will be in full if the fault is proved to be a manufacturer warranted claim, otherwise the refund will be as in 9.1a, above. In the event that the defect is deemed to have been caused by misuse in any way, no refund will be offered. In any event you should contact us for authorisation before returning ANY goods.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.3 We will only offer refunds for defective products within of 30 days from date of purchase, thereafter we will offer an exchange or repair as appropriate.
9. Our Liability
9.1 We warrant to you that any product purchased from us, through our website, is of satisfactory quality and fit for all the purposes described. However, the information and advice contained on our site and in our sales documentation is for general guidance purposes only. You are responsible for determining whether it applies to your particular requirement and whether the products you order are appropriate for your intended use. In particular, please read all manuals and safety instructions provided with Products, and follow them carefully at all times. Also it is the Customers responsibility to ensure that any material to be sprayed, or rolled, is suitable for application in that manner
9.2 Our liability for losses you may suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, whether or not foreseeable by you and us, including, but not limited, to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) waste of management or office time however caused by breach of contract, even if the event is forseeable
Provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
10. Import Duty
10.1 If you order Products from our site for delivery outside England, Wales, Scotland, Republic of Ireland and N Ireland, they may be subject to import duties and taxes, when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. 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.
All communication, information or notices must be sent to The Beara Gallery Limited, at the registered address or to the email address given on the website. 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. 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.
13. Transfer of Rights and Obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees
13.2 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.
13.3 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.
14. Events outside our control
14.1 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).
14.2 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.
14.3 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.
15.1 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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 12.
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.
17. Entire Agreement
17.1 These terms and conditions, and any document expressly referred to in them, represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement fraudulent) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these Terms And Conditions
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 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).
19. Data Protection
20. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Identity checks
In certain circumstances we carry out identity checks to verify the person ordering is who they say they are. We use the information to fulfil orders and customer requirements, deliver orders, process customer payments, inform you of new services and promotional offers, update our customer database records and ensure a good level of customer service.
We also use this information to improve our ecommerce site and services and to prevent, or detect, fraud or abuse of our website. To this end we enable third parties to carry out identity checks on our behalf which may involve an identity check footprint being registered on your credit reference file. This in no way affects any credit rating and is purely an audit trail of us verifying your identity.
Products are subject to Manufactures Warranty of 12 months from date of Invoice. The warranty covers non wearing parts and manufacturing flaws. In the event of a potential claim the goods must be returned to The Beara Gallery Ltd for full assessment. The goods must not be returned without written consent and the cost and insurance of the return carriage will be paid by the customer. In the event of a warranty claim being accepted the goods will be repaired or replaced. Should a claim be denied the reason will be explained and, where possible, a price for repair will be supplied.
Improper use of incompatible materials or paints or misuse will render the warranty null and void.