Terms & Conditions for Purchases from the Farm & Plant Online Shop

December 2013

The following terms and conditions apply to purchases of goods and services (“products”) from the Farm & Plant Online Shop and set out the agreement between you and Farm & Plant for using and making purchases on the Online Shop.

For the purpose of purchasing goods from the Online Shop, all references to “Farm & Plant”, “us” or “we”, shall mean JKLM Media.dac of Unit 22 Kilcarbery Business Park,New Nangor Road,Grange Castle, Dublin 22.

By clicking the “Continue” button, you will be deemed to have accepted these terms and conditions of sale, our legal notices and our privacy policy. You are advised to read these terms and conditions each time you visit the site as they may change from time to time without notification.

This Online Shop service is only available to you if you live in the Republic of Ireland or Northern Ireland, are 18 years of age or over and hold a valid credit or debit card issued in your name.

 

1. How to Order 

1.1 You place orders by following the instructions set out on the Online Shop. You must include the following information with your order, as we cannot process your order without this information:

·         Name

·         E-mail address

·         Contact telephone number

·         A valid Visa, Mastercard, Laser Card with the full name/s displayed on the card, the card number and expiry date.

·         A valid delivery address

·         Items you require

1.2 You undertake that the information that you provide to us for the purpose of making

a purchase is fully complete and accurate. In particular you confirm that you are legally

and fully entitled to use any credit or debit card for the purpose of making the purchase

and that sufficient funds are available to cover the cost of your purchases. We reserve

the right to request formal documentary identification from you or verification of your

right to use any credit or debit card to make a purchase on the Online Shop.

 

1.3 Payment may only be made by means of those credit or debit cards listed on the

Online Shop. We reserve the right to modify the list of card types that are acceptable.

You may only use one card per order.

 

1.4 We will endeavour to try to ensure that all descriptions and details (including prices)

displayed on this website are correct and up to date but do not and cannot guarantee

that they are. Details may be updated from time to time and are subject to change. You

must ensure that prior to placing an order you have checked all relevant details about

the products you have selected. We cannot confirm the price of a product until your

order is accepted. All products and services advertised are subject to availability.

 

2. Acceptance of orders

2.1 The information displayed on the Online Shop, including prices, does not constitute

an offer to contract or enter into an agreement and constitutes an invitation to treat

only.

 

2.2 All orders submitted by you are an offer by you to contract with us and are subject

to acceptance by us. Your order will not be deemed accepted until the relevant products

have been shipped to you.

 

2.3 We reserve the right to refuse your order for any legitimate reason, including where

the bank refuses to authorise the credit or debit card payment or the products ordered

are out of stock. All products are subject to availability and we reserve the right to change or vary the products promoted on the Online Shop at any time and without notification.

 

2.4 Once we have received your order we will automatically acknowledge receipt of the

order. This acknowledgement is not acceptance of your order.

 

2.5 Once we have shipped the order we will notify you and this shall be deemed to be

acceptance of your order.

 

2.6 We reserve the right to limit the amount of products purchased in each transaction

or on each card.

3. Delivery

3.1 You may only specify one delivery address per order.

3.2 We will endeavour to deliver your order within three (3) working days however

delays may occur, including where the items you have ordered are out of stock. We are

not liable to you for any delay in making deliveries. Our fulfilment partners make

deliveries Monday through Friday from 9am to 6pm. Please note that orders will only be fulfilled within the Republic of Ireland and Northern Ireland.

No Products will be supplied or delivered overseas or to PO boxes.

3.3 You should note that our fulfilment partners will deliver to the delivery address as

specified by you on the order form, based upon the signature of any occupant of that

address at the time of delivery. We are not liable to you for ensuring personal delivery to

you. In the event that there is no person at the address to accept delivery, our fulfilment

partners will deliver the products to their nearest depot where you can collect

them at your convenience. Our fulfilment partners will leave a notice at the delivery

address directing you to the depot where the products are available for collection.

You will be required to present this notice at the depot when collecting the

products.

 

3.4 In the event that some of the products you have ordered are out of out of stock we

may send your order to you by two or more deliveries. We will meet any additional

delivery charges.

 

3.5 If your products do not arrive within the time specified above please contact us at

info@farmandplant.ie  or on (01)4577018.

 

3.6 Please retain the invoice and shipping notice, as it will be required should you decide

to return any product under our returns and refunds policy, set out below.

 

3.7 You agree that we shall be entitled to postpone or cancel delivery in the event that

any additional information requested under clause 1.2 is not provided.

 

4. Prices

4.1 Prices for Products are quoted in Euro. All prices are inclusive of VAT. We reserve

the right to change price  at any time. Irrespective of any change of prices, you will be charged the price which was specified for the product when you ordered.

 

4.2 The delivery charges that apply to your purchases are specified at the time you

submit your order.

4.3 Promotional codes for Products on the online store are only valid from period stated

on promotion. If no end date is specified, the validity of any promotional code is at the

reasonable discretion of JKLM Media.dac,

 

 

5. Payment

You may pay by credit or debit card. We will accept payment for products according

to any instructions given by you, or appearing to us to have been given by you. All

credit and debit card purchases are subject to validation and credit checks.

 

6. Returns

Right of Withdrawal

6.1 As a consumer, under the European Communities (Protection

of Consumers in Respect of Contracts made by Means of Distance Communication)

Regulations, 2001 (“the Distance Selling Regulations”), where you purchase products on

the Online Shop, you have seven (7) working days to cancel your purchase from the

date you receive your order, for any or no reason.

 

6.2 Where you cancel your purchase in these circumstances we will give you a full refund

within thirty days of you exercising this right to cancel, provided you exercise this right

to cancel within this seven day period by returning the product to us in its original

packaging with proof of purchase to Farm & Plant,Unit 22 Kilcarbery Business Park,

New Nangor Road,Grange Castle,Dublin 22. You should retain proof of postage.

 

6.3 We are not responsible for returned products while in transit. Products must be

returned with the confirmation email you received when placing your order or the

delivery note received at the time of delivery.

 

Repairs Replacements and Refunds

6.4 In the event that the goods purchased are faulty or deficient, and you return it to us

in accordance with our returns procedure, your goods will be repaired, or wholly or

partly replaced.

 

6.5 Subject to the paragraph below, we make no warranty or representation as to the

quality of any products sold or their fitness for a particular purpose or their conformity

with any description or sample and we shall not be responsible for damage or loss of any

kind whatsoever (including loss of profits and consequential damages) caused directly or

indirectly by the products supplied.

 

6.6 Consumer Protection: Where you purchase goods and services as a

consumer you are entitled to certain statutory rights. Your statutory rights are

unaffected.

 

7. Privacy

Collection of Personal Data

7.1 You agree that Farm & Plant may use the personal information provided by you for all purposes to fulfil your order. We may also use the personal information provided in the course of using the Online Shop in accordance with our website terms and conditions and our Privacy Policy.

7.2 If you identify yourself by submitting customer information forms to purchase

Products in the Online Shop we will use such other information as may reasonably be

required to complete the transaction, including your name, e-mail address, contact

telephone number, credit card type, full name as displayed on the credit card, credit card

number and expiry date, delivery address and the items you require.

 

7.3 We may use the personal and payment information provided by you for our

internal business purposes. Also, in order to provide the Online Shop service, it may be

necessary that we also forward certain personal and payment information provided by

you to third party banking and credit institutions or fulfilment partners and other

intermediaries. We may also disclose your information where permitted or required by

law. Your continued use of the service constitutes your consent to such disclosure of

information.

 

Submitting Your Credit Card Number

 

7.4 When you submit your credit card number to purchase Products from the Online

Shop, we  use the Realex pament processing system. This secure server software (SSL) encrypts the credit card information you submit before it is sent to us. This helps assure that the information is protected against unauthorised access. We do not have access to credit card information for online purchases made through our Online Shop. We may also implement our own security procedures designed to prevent fraud.

We reserve the right to amend and update security procedures without notification.

 

7.5 Notwithstanding the above security procedures, you should be aware that there are

certain risks associated with Internet communications and credit/debit card use over

which we have no control. We expressly disclaim, in so far as legally permissible,

responsibility for any loss or damage arising out of the loss or delay of transmissions

between us and you. In respect of any other loss or damage caused, our liability to you

shall not, to the fullest extent permissible under applicable law, exceed the value of

products and services purchased. We recommend that you maintain some form of

credit/debit card insurance/card protection scheme and in the event of loss, theft or

unauthorised use of your credit/debit card you notify your credit/debit card provider in

accordance with its standard terms.

 

8. Governing Law

8.1 These terms and conditions are governed by the laws of the Republic of Ireland, and

you hereby agree for the benefit of Farm & Plant, and without prejudice to the right of Farm & Plant to take proceedings in relation to these terms and conditions of use before any other court of

competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and

determine any action or proceedings that may arise out of or in connection with these

terms and conditions of use, and for such purposes you irrevocably submit to the

jurisdiction of such courts.

 

8.2 If any part of these terms and conditions is determined to be invalid or

unenforceable pursuant to applicable law, the invalid or unenforceable provision will be

deemed superseded by a valid, enforceable provision that most closely matches the

intent of the original provision and the remainder of these terms and conditions shall

remain in effect. These terms and conditions constitute the entire agreement between

Farm & Plant and you for the use of the Online Shop and they supersede all other communications.