Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Hennessy & Byrne Ltd.
Our address is: The Forge Yard, Russborough House, Blessington, Co Wicklow
You are: a visitor to our website / our customer
If you have any questions about the terms and conditions, the Goods or the Website please email us at firstname.lastname@example.org
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
Our contract with you
These terms and conditions apply:
So far as the context allows, to you as a visitor to Our Website; and
In any event to you as a buyer or prospective buyer of our Goods.
We shall accept your order by e-mail confirmation. That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall dispatch your order.] Goods ordered on the Website shall only be dispatched once full payment for the Goods and shipping costs have been received by Hennessy & Byrne Ltd. Title in all Goods sold or supplied by Hennessy & Byrne Ltd. does not pass to the Buyer until paid for in full.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
Unfortunately, we cannot guarantee that Goods advertised on our website are available.
All of the Goods advertised on the Website are handcrafted from natural stone and subject to slight variations in dimensions and also variations in colour and / or the appearance of fossils. It is not practical to publish detailed specifications of all the Goods and keep specifications completely up to date. All descriptive matter, photographic images, colours, and specifications on the Website are for the sole purpose of giving an approximate description of the Goods. In the case of Connemara Marble products which can be subject to a broad variation of colour from cream through to dark green, customers who wish to purchase a particular shade of Connemara Marble must contact Hennessy & Byrne Ltd. by email at email@example.com to ensure that the particular shade of marble is in stock.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order;
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
If we owe you money on account of your cancellation, we will credit your PayPal Account as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
We reserve the right to refuse you access to Our Website.
Price and Payment
We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
All prices stated on our website are, unless otherwise stated, inclusive of VAT and other applicable taxes. Our VAT number is: IE 9750188K
If you order Goods from our website for delivery outside the Republic of Ireland, they may be subject to import duties and taxes which are levied 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.
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.
Prices include Irish value added tax. If you show by your delivery address that you reside outside the European Union, VAT will be deducted at the payment point.
Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
We use a postal delivery service and carrier which cannot guarantee a time or day of delivery. If you are unable to take delivery of the Goods, a card will be left and you will have to collect the item at your local postal collection depot.
If we ourselves are not able to deliver your Goods within 21 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
We do not accept any liability for any errors arising from incorrect or incomplete delivery information.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Goods are sent either by registered post, courier or shipping company subject to the weight of the order and your location for delivery. We will send you a message by email to tell you when we have despatched your order
Cancellation of order
If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
If you cancel after we have despatched the Goods, we will refund the price of the goods only.
The option to cancel your order is not available if the Goods are made or altered to your specification.
If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them, with your own trackable and insured* method and we will organise a refund (excluding return delivery costs) to the value of the original purchase price. We cannot refund your money if the Goods have been used, worn or damaged, however if the Goods are faulty please contact us and we will organise a replacement or refund.
All returns should be sent to:
Hennessy & Byrne Ltd.,
The Forge Yard, Russborough House, Blessington, Co Wicklow, Ireland
Please make sure you mark it clearly for this address and enclose a copy of the delivery docket and the reason for returning.
*The cost of return shipping must be prepaid at the point of return.
Hennessy & Byrne Ltd. is not responsible for customer returns that are not received.
If you have any additional questions, please contact us at firstname.lastname@example.org
We will refund your money within 30 days of our receipt of Goods.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website published by someone other than us;
any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
compatibility of Our Website with your equipment, software or telecommunications connection.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that:
you own the rights to all of the Material that you post any fact stated in your Material is accurate
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
You will not use or allow anyone else to use the Web Site to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any Material which violates the law of any established jurisdiction;
- unlicensed software;
- software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic Material;
- any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You will not use the Services for spamming. Spamming includes, but is not limited to:
- the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- the sending of junk mail;
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- excessive and repeated posting off-topic messages to newsgroups;
- excessive and repeated cross-posting;
- email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
- the emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees or any Force Majeure incident.
This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.