1.0 Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by KCC Architectural Ltd (69770) of Unit 1 Westgate Business Park, Ballymount, Dublin 24 (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order
2.0 Price and Payment
2.1 The price payable for the goods you order is set out on our website at the time you place your order plus any charges for delivery and insurance as set out in the order form.
2.2 On occasion, the prices payable for goods advertised on our website may differ from those prices offered at one of our trade counters, and we are under no obligation to honour any website price if there is such a difference
2.3 Occasionally an error may occur with our website and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price
2.4 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing
2.5 Prices are in Euro and are valid in the Republic of Ireland only. Prices are exclusive of VAT and VAT will be added at the current rate but this price does not include delivery charges
3.0 Delivery and Title
3.1 We will deliver the good in accordance with your order, usually within the stated delivery time but certainly within 30 days. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order, you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the shipping and delivery options set out in our Shipping and Delivery section of this website. A valid signature will be required on collection and delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received our order and checked all the goods for any defects or missing parts.
3.2 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try and arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price you have paid for the goods, less the failed delivery costs
3.3 Delivery dates are quoted in good faith, but no liability should be accepted for the failure or inability of us to deliver from whatever cause howsoever arising at or within the time quoted or any particular place appointed for delivery
3.4 We accept no liability for any loss or damage resulting from delay in supplying goods or services or for their non-supply, and any dates agreed for delivery or performance shall be regarded as estimated only
4.1 While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product, or refund you the price paid for such goods as soon as possible and in any case 30 days or, in the case of an account customer, we may, at our discretion, as soon as possible raise a credit to offset the amount invoiced to you
5.0 Cancellation and Returns
5.1 You may cancel your order by giving us notice of cancellation within the 30 days of the date of delivery to you or collection from our trade counter. Such notice may be given by phone, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation for whatever reason, you must return the goods to us at your cost. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we will ask that you allow us to nominate a carrier
5.3 If the reason for returns is at your discretion, a 15% restocking charge will be deducted
6.1 If you have notified us of a problem with goods within 7 days of delivery, we will (subject to Clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties
6.3 This does not affect your statutory rights if you are a customer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence
6.4 All goods are sold in accordance with the manufacturers specification and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods
6.5 If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7.0 Force Majeure
7.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes)
8.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any part of these conditions will not be affected. The contract shall be governed by and interpreted in accordance with Irish Law
8.2 KCC Architectural may revise these Terms and Conditions at any time by updating this posting. Any changes in these Terms and Conditions will be effective immediately when they are posted on the site. We reserve the right at our discretion to change, modify and/or remove portions of these Terms and Conditions at anytime. You should visit this page periodically to review the Terms and Conditions because they are binding to you.