Consumer Terms of Sale
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by brennanselectrical.ie a trading entity of Brennans Electrical, whose registered business is at Castle Park, Arklow, Co. Wicklow Y14 FK12, Republic of Ireland . (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below) and can only be entered into by a person over the age of 18 in the Republic of Ireland and the United Kingdom.
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Brennans Electrical to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received expect where a government or corporate purchase order has been accepted. Where a government or corporate order without cleared funds has been accepted payment must be made without any terms and conditions and cannot be subject to any third party terms . If any terms and conditions are to be applied to the payment this must be in writing and be submitted prior to the placing of the order. Where payment has been withheld we reserve the right to apply interest based on the European Central Bank 30 Day Rate plus 5%.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place your order..
4.2 Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. Most Order are delivered within 10 Working Days.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and 5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Suppliers property;
6.1.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Suppliers behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts or you cease to trade; or
6.1.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods (see below). This right may only be exercised if the packaging is not opened and the good are returned unused. This does not apply to Business Customers who are subject to a restocking fee of a minimum of 15% plus shipping. We reserve the right to refuse to accept returns from business customers. Items ordered in error which have been opened or used are subject to higher restocking fees and may be refused from Business & Private customers. Special order items cannot be returned without management agreement and will be subject to a restocking fee .
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the email / contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. In all cases, as per Distance Selling regulation we will deduct the delivery / carriage costs from the refund amount. You must return the goods to us at your own expense using an insured courier service. There will be a charge of €30, if you would like us to collect the goods via our own courier instead of sending the items yourself. Such refund will be made after deducting reasonable costs for services rendered such as postage costs, credit card processing charges, and PC assembly costs (in the case of custom built computers €185).
7.5 Except in the case of faulty goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. It is important that any item returned must be complete and sealed if being returned under DSR.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. Brennans Electrical that are built to customer specifications and the following cancellation charges apply:
Stage Custom Build and built-to-order
Paperwork Stage (within 24-48 hours of placing the order) higher of €50 or 6% of Invoice Value
Components Allocated and Build has commenced higher of €100 or 15% of Invoice Value
Build has been completed higher of €185 or 25% of Invoice Value
Item despatched, received and in use by customer higher of €375 or 45% of Invoice Value
7.7 Once you confirm your order as correct a standard cancellation fee will be at the expense of the customer.
7.8 An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.
7.9 In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
8.1 All goods (excluding TFT’s – see 8.5 & 8.6 below) supplied by the Supplier are warranted free from defects for 12 months from the date of invoice. This warranty does not affect your statutory rights as a consumer. TFT Monitors are Only covered by Manufacturers Warranty.
Where goods are provided with a warranty period greater than 12 months, the first 12 months of the warranty covers all parts and labour costs, where as any subsequent period of the warranty cover only relates to labour costs only. e.g. If a product is sold with a 3 year warranty, the first 12 months covers parts and labour, and the next 24 months covers labour costs only.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the us in writing at sales@Brennans Electricalshop.ie within 48 hours of delivery or you can call us on 0402 41391 however if there is damage we will still need to be informed in writing.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the Contact Us section of the website, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is actually reported to us.
8.5 Our Desktop PCs & Laptops feature Anti Tamper Stickers which allow us to know if a PC has been opened and inside your PC the internal components will have a 3D Hologram Sticker showing they are cover by Warranty by Brennans Electrical. We do not and have never VOIDED a warranty because a desktop PC or laptop has been opened however if the damage is related to the opening of the PC we reserve the right to apply a repair charge or refuse warranty . You have the right to upgrade any custom desktop pc however the work should be carried out by a qualified professional. The Warranty Anti Tamper sticker is there to protect you and your rights and we assure all customers that this sticker is their for their protection. If you would like information on this please contact at 0402 41391.
8.6 As with most online computer retailers, the above warranty excludes dead pixel issues so long as they fall within the level of Acceptable Defects as defined in ISO 13406-2. All TFT Monitors sold by the Supplier fit the ISO13406-2 Spec in Class II, which is the common class for consumer equipment
Returns can only be accepted through by contacting us at 0402 41391 or email@example.com.
OUT OF WARRANTY
If your Desktop PC or Laptop develops a problem outside of the Warranty Period you can still available of Support from brennans electrical through us at 0402 41391 or firstname.lastname@example.org.
Repairs outside of warranty may be subject to charges however we will always to all in our power to assist our customers to resolve their problem as quick as possible and to keep the costs as low as possible.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Data Protection
10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11.1 Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to Irish law and the Irish courts will have jurisdiction in respect of any dispute arising from the contract.