COPPER HAWK LIMITED terms and conditions
Terms and Conditions
- The following definitions shall apply to these Terms:
|“Applicable Laws”||means all applicable legislation, regulations, codes of practice, guidance or other requirements of any relevant government, governmental or regulatory agency or other relevant body applicable to the Products and sale of the Products;|
|“Contract”||means the contract entered into between Copper Hawk Limited and you for the sale of goods, subject to these terms and conditions;|
|“Consumer”||means a natural person who is acting for purposes which are outside the person’s trade, business, craft or profession;|
|“Cooling Off Period” “Dispatch Confirmation”||means your statutory right to return a Product within 14 days as provided for under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013; means an email sent by Copper Hawk Limited confirming that the Products have been dispatched to you;|
|“Force Majeure”||means, in relation to any person, any circumstances beyond the reasonable control of that person including, without limitation, strikes by all or part of the personnel, technical incidents, disruption on the transport links, fire, floods, uprising, being unable to procure supplies, whether these incidents affect Copper Hawk Limited or any of its carriers, and provided that they have a decisive effect on the fulfilment of the order;|
|“Copper Hawk Limited”||means Copper Hawk Limited Limited, an Irish registered company 645932;|
|“Order Confirmation”||means an email from Copper Hawk Limited acknowledging receipt of your order;|
|“Price”||means the price for the Product as stipulated on the Website at the time you place your order;|
|“Products”||means the goods available for sale by Copper Hawk Limited on the Website;|
|“Terms”||means the terms and conditions of use of the Website;|
|“we” or “us”||means Copper Hawk Limited;|
|“you or your”||means an individual visitor to a website who is counted as a single visitor irrespective of the number of times one visits the Website;|
- Welcome to the Website which is owned and operated by Copper Hawk Limited. These Terms govern your use and access of the Website.
- If you have any questions relating to these Terms before you place an order, please contact our Customer Service Team by email email@example.com or call us on +353 (0) 61 529 595 between 9am to 5pm Monday to Friday. Our offices are closed on Saturday and Sunday and on all Irish Public Holidays.
- Your Consent
- Please review these Terms carefully. By using the Website, you agree to be bound by the Terms set out below. If you do not agree to be bound by these Terms you should not use the Website.
- The Website is for use by people who are 18 years and over only. Please do not use the Website if you are under 18 years old.
- Modification of Terms
- We reserve the right to change and update the Terms of the Website from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. By continuing to access, browse and use the Website, you will be deemed to have agreed to any changes or updates to the Terms.
- The Prices and availability of any Products, services and promotions advertised on the Website are all subject to change and availability from time to time.
- Who we are
- The Website is operated by Copper Hawk Limited with a registered office address at 4D Western Business Park, Shannon, Co. Clare, Ireland, Companies Registration Office No 645932 and VAT registration number 3602202VH.
- Other Policies/Terms which apply to the use of the Website
- Please note that by agreeing to these Terms you shall be deemed also to have read, understood and agreed to the following policies which also apply to your use of the Website:
- Order Process
- After placing an order, you will receive an Order Confirmation. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you Dispatch Confirmation. The Contract will only be formed when we send you the Dispatch Confirmation. At any point up until then, we may decline to supply the Products to you without giving any reason. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
- By placing an order with us, you agree that any information provided by you will be true, accurate, current and complete.
- Order Rejection
- Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the of our delivery areas or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
- Price of Goods
- The Price for the Products will be as stipulated at the time when you place your order on the Website. The Website displays a price exclusive of VAT. Once the Product is selected for purchase the Price shown is inclusive of VAT, where applicable. Delivery costs, if applicable will be additional to the Price. For further information, please see our Delivery Policy. We are entitled to make adjustments to the Price from time to time to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products is wrong. We are also entitled to make adjustments to the Price of Products during sale time and introduce promotions on Products without notice.
- We do our best to make sure that Prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the Price and ask you to confirm whether you still wish to purchase the Products at the correct Price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
- Payment may be made by the methods indicated on the Website and monies will be debited at the point of Order Confirmation.
- By placing an order with us, you confirm that you are the authorised holder of any credit or debit card that you use on the Website.
- We will try to deliver the Products to you within the lead-time shown for each Product at the time of purchase, to your stated delivery address, where this is practical. However, Products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 28 days, you have the right to contact us and refuse to accept the Products. In these circumstances, we will refund any money paid by you for those Products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those Products. At the time of delivery, you will be required to sign-off on the delivery of the Products, after which time the Products become your sole responsibility. For further information please see our Delivery Policy and our Returns Policy.
- Risk and Ownership
- 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.
- Where you purchase the Products as a Consumer, costs and all risks of loss are transferred when the customer acquires physical possession of the Products.
- Where you do not purchase the Products as a Consumer, costs and all risks of loss are transferred to you at the time of dispatch of the Products from Copper Hawk’s premises. If delivery is delayed by the customer, transfer of costs and risk of loss shall become effective when the Products are ready for dispatch.
- Cooling Off Period: Your right to Cancel
- Where you purchase the Products as a Consumer, you shall have the right to cancel the Contract as long as you do so no later than 14 days after the day on which you receive the goods. If you cancel the contract, we shall reimburse all payments we have received from you, excluding original shipping, duties and handling fees, without delay and no later than 14 days from the date on which we receive notification of your wish to cancel this contract. Unless you have expressly agreed otherwise, we will issue any such reimbursement.
- You must inform us of your wish to cancel in writing by notifying our Customer Services Team by email firstname.lastname@example.org within a period of 14 days. You must take reasonable care of the goods and not use them. You should return the goods to us in original packaging, where possible, within 14 days of informing us of your intention to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributed to the loss or damage.
- We shall be entitled to withhold the refund until we have received the returned goods.
- Your statutory rights are not affected.
- General Refund/Returns Policy
- If any Product is damaged and/or faulty upon receipt or in the unlikely event that you received the wrong Product please contact us within 10 working days of receipt of the Product and we will arrange a replacement or refund in accordance with our Delivery and Returns Policy.
- Product Warranties
- Copper Hawk Limited warrants that it will have the right to sell the Products to you at the time at which title to the Products is to pass to you, and further warrants that the Products will be fit for such purposes as may be specifically notified in writing by Copper Hawk Limited to you.
- Copper Hawk warrants that:
- the Products shall be fee from defects in design, materials and workmanship, and
- that the Product shall comply with the specification on the acting and labelling applicable under the appropriate regulations.
- Subject to Clause 4, if:
- the customer gives notice in writing to the Supplier within 10 days of discovery that some or all of the Goods do not comply with the warranty set out in Clause 2;
- the Supplier is given a reasonable opportunity of examining such Goods; and
- the customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the customer’s cost,
- the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
- The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in Clause 2 if:
- the customer makes any further use of such Goods after giving notice in accordance with Clause 2;
- the defect arises because the customer failed to follow the Supplier’s oral or written instructions as to the storage, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
- the customer alters or repairs such Goods without the written consent of the Supplier;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- Except as provided in this Clause 15, the Supplier shall have no liability to the customer in respect of the Goods’ failure to comply with the warranty set out in Clause 2.
- All other warranties, conditions or terms relating to the Products (other than those provided for in Section 12 of the Sale of Goods Act 1893), whether implied by statute or common law or otherwise, are excluded to the fullest extent permitted by the law.
- Product Description
All descriptive matter, images, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products. Products and packaging may vary from that shown on the website. Copper Hawk Limited does not warrant that Product descriptions are error-free. If a Product offered by Copper Hawk Limited is not as described, your sole remedy is to return it in unused condition.
- Liability and Disclaimers
- The information contained on the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied (including without limitation, the accuracy, completeness or merchantability, quality or fitness for any particular purpose). We do not warrant or represent that the use or the results of the use of the Products available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights. Our liability in connection with any Product is strictly limited to the Price of that Product. Nothing in this paragraph will affect your statutory rights as a consumer.
- Subject to Clause 4, neither Party shall be liable to the other for any indirect damages or losses, or for any loss of profits, loss of business, loss of data, loss of contracts or opportunity, whether direct or indirect, in contract, tort or otherwise howsoever even if the Party bringing the claim has advised the other of the possibility of those losses, or if they were within the other Party’s contemplation.
- Financial Limit: Subject to Clause 4, the aggregate liability of the Company to the customer under or in connection with the Engagement (whether arising in contract, tort or otherwise) is limited to Price paid (exclusive of value added tax).
- Certain losses not excluded: Nothing in these term and conditions excludes the liability of any Party for any of the following:
- any personal injury (including death) to any person caused by negligence of that Party or its personnel;
- for fraud; or
- for any liability to the extent, it may not be limited under applicable law.
- Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including but not limited to any Force Majeure incident.
- Website Conduct
You agree to abide by all Applicable Laws. All information, designs, drawings and other specifications provided on the Website are the exclusive property of Copper Hawk Limited. Any copying, transmission or re-transmission of the same requires the prior written approval of Copper Hawk Limited.
We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom to the maximum extent permitted by applicable law.
- Use & Security
You are entirely responsible for any and all activities that occur under your use of the Website, together with your account. You agree to notify us immediately of any unauthorised use or any other breach of security.
If any instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance. A qualified expert should be used where appropriate.
- Third Party Links
To provide increased value to you, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, if you choose to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
- Partial Invalidity
If any of the Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability of any other of the Terms.
- Laws and Jurisdiction
All Contracts in respect of, or in relation to, or in connection with, the Products and any non-contractual obligations arising out of or in connection with any such Contracts are governed by and shall be construed in accordance with the laws of Ireland. For the benefit of Copper Hawk Limited, you hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Products or their sale to and purchase by you and, for such purposes, you irrevocably submit to the jurisdiction of the courts of Ireland.
We may terminate the Website with or without cause at any time and same will be effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these Terms.