Heatwise Tilewise Limited (“www.heatwise.ie”) owns and operate this Website. This document governs your relationship with (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.heatwise.ie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.heatwise.ie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.heatwise.ie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.heatwise.ie you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.heatwise.ie retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.heatwise.ie or may in some cases be a third party. Where a contract is made with a third party www.heatwise.ie is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract – see our delivery information www.heatwise.ie/delivery
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by phone or e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible 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. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [Your Online Store URL] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.heatwise.ie liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [Your Online Store URL] and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.heatwise.ie.
You agree to indemnify, defend and hold harmless [Your Online Store URL], its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.heatwise.ie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.heatwise.ie. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.heatwise.ie.
All or any Business entered into by HEATWISE Limited, its servants or agents (hereinafter called “the company”) with any other party (hereinafter called “the customer”) is transacted subject to the conditions hereinafter set out:-
(a) The property in the goods shall not be deemed to have passed to the customer, until the goods and any debts owing to the company, whether arising from this contract or otherwise, have been paid for and discharged in full.
(b) In the meantime the goods shall remain the sole property of the company and the customer shall bailee thereof.
(c) If the customer fails to pay any sum due in accordance with the terms of this agreement the company may, after giving seven days notice in writing to the customer, take possession of the goods and may, for that purpose by himself, his servants or agents, enter upon any land or premises on or in which the goods or in any part of them are believed by the company to be situated.
(d) The customer agrees not to sell, sign, sub-let or otherwise part with possession of the goods until the property in the goods have passed to the customer in accordance with the provisions of paragraph A & B.
(e) The risk of any loss or damage to or deterioration of the goods from whatever cause should be born by the customer when the customer his servants, licensees or agents receive possession of the goods.
(f) If payment is overdue and not discharged the company may, without prejudice to any of its rights and remedies and with due warning to the customers per registered mail, recover and re-sell any of all such goods and may enter upon the customers premises for that purpose. Recovery costs will become the liability of the customers and should include all labour, tools, plant hire and all relevant charges/costs.
2. SETTLEMENT TERMS
All items are strictly net and due for payment 30 days after the date of the invoice unless otherwise specified. The customer shall not be entitled to make any deductions whether by reason of set-off or for any other reason. Once a debt is 180 days old it is our policy to charge interest at .92% percent monthly until full amount st is discharged. This is done is compliance with the late payment in commercial transactions regulations 2002, amended 1 January 2008.
The company shall do everything within its power to protect the customers’ interest and to that extent shall assign to the customer the benefit of such guarantee or warrantee (if any) as may be given by the manufacturer in relation to goods. The company does not accept liability for any consequential damage howsoever arising from the purchase by the customer of the goods whether the same may arise out of any use of the goods or the installation of the same.
Goods correctly supplied may not be returned without the company’s agreement in writing. Goods so returned must be co-signed, carriage paid and accompanied by a packing note stating that company’s delivery note number. The company reserves the right to make a restocking charge. Goods will be accepted only if returned in perfect condition and in unopened and perfect packaging. A clear authorised signature must be obtained from the company. This condition shall not confer any right on the buyer to return the goods or refuse or delay payment.
DUE TO CONSTANT SHADE CHANGES WE DO NOT ACCEPT RETURNS OF ANY TILES OR LAMINATE FLOORING.
WE DO NOT ACCEPT RETURNS OF SPECIAL ORDERS OF ANY PRODUCTS.
WE DO NOT ACCEPT RETURNS OF ADHESIVE AND GROUT.
ALL MEASUREMENTS / QUANTITIES PROVIDED BY OUR STAFF ARE APPROXIMATE ONLY.
WE STRONGLY ADVISE ALL MEASUREMENTS ARE CHECKED WITH YOUR TILER PRIOR TO TILING COMMENCING.
Any claims relating to the goods delivered under this contract should be notified to the company in writing within seven days from the dated on which the goods are received by the customer or his agent and the customer shall afford the company reasonable facilities for examining the goods before they have been disposed or in any way altered. All goods damaged in transit and accepted in the condition by the customer shall not be the subjects of any claim hereunder.
6. DELIVERY DATES.
While the company shall always do its best to comply with the date quoted for the delivery of goods it accepts no responsibility for loss or damage arising from failure to comply.
7. CHOICE OF LAW.
These conditions and the contract shall be subject to and construed in accordance with the laws of the Republic of Ireland. The customer submits to the jurisdiction of the Irish Courts of Law.
Customers acceptances of goods are invoiced by us imply acceptance of the foregoing.
All invoices and prices will be deemed to be accepted as correct and owing unless we received written notice of any exceptions within 14 days of receipt of invoice. We reserve the right to alter prices once we send written confirmation. We also reserve the right to alter prices with immediate effect due to the volatile nature of raw materials.
We reserve the right to suspend or withdraw credit facilities once terms are not adhered to. It is company policy to put all Accounts on Stop on the 2 of each Month should amount due on account not be paid in full.