Terms and Conditions
Premium Pet Food Distribution Ltd, trading as Husse Ireland.
- Terms and Conditions of Sale
- 1. Definitions
- 2. Contracts
- 3. Orders
- 4. Delivery
- 5. Risk and Title
- 6. Warranty
- 7. Personal Data Protection and Processing
- 8. General
- 9. Governing Law
Terms and Conditions of Sale.
These Terms and Conditions do not affect your statutory
rights.
You should read these Terms of sale carefully before
commencing trading with Premium
Pet Food Distribution Ltd.. Please retain a copy for future
reference.
1. Definitions
"Buyer" means the organisation or individual who contracts to buy goods
from Premium
Pet Food Distribution Ltd.
"Consumer" means the person who eventually uses
the goods for the purpose intended
"Seller" means "Premium Pet Food Distribution Ltd",
which may be denoted as; - "COMPANY"; "Husse Ireland"; may also be "we" or
"us".
"Terms of Sale" means the conditions set out in this
document. We may change the Terms and Conditions of Sale for any future order
without notice.
Only those Terms existent at the
time of placing an order shall be applicable to any Contract.
"Contract"
relates to the goods described in the order, but only to that part of those
goods for which we issue a Confirmation.
2. Contracts
2.1 No contract exists between a
customer (Buyer or Consumer) and us for specific goods, unless we have
received an order, accepted it and sent a confirmation by fax, letter or
email. It is Buyer’s responsibility to ensure that they order the correct
goods for the purpose intended. It is Buyer’s responsibility to check the
Confirmation, as this will form the basis for the delivery and the Contract.
Buyer must inform us within 24 hours of the receipt of the Confirmation of any
error or variation.
3. Orders
3.1 The placing of an order shall be deemed to be the
acceptance of these Terms and Conditions
3.2 An
acknowledgement of an order is not a confirmation of the order. An order is
only accepted on the issuing of a Confirmation of the order. This is then the
Contract.
3.3 The price of the goods shall be
deemed to be that in force at the time of the Contract. Prices of goods not
delivered within 30 days of the Confirmation may be adjusted by the Seller. In
such case Buyer shall have the right to cancel the order for such goods or to
re-confirm the order in writing. Prices of goods delivered within 30 days will
not be affected.
3.4 The prices of all goods on an
order shall be that listed on Seller’s website or on the relevant, concurrent
price list advised to the buyer. Where Buyer purchases goods for resale, the
discount price for the order shall be that listed in the current trade price
list applicable to that Buyer’s business.
3.5
VAT at 23% is levied on all goods sold within the Republic of Ireland. Goods supplied
by us outside this jurisdiction will not have VAT added where a legitimate VAT
Number is advised to us, but Buyer must pay taxes, levies and duties as
applicable in the other jurisdiction.
4. Delivery
4.1 Delivery charges are applicable to all deliveries,
except where waived by Seller in the confirmation. Contracted Franchisees have
special delivery conditions as detailed in their Franchise Contract. The
conditions relating to delivery detailed in that Contract shall supersede
these Terms and Conditions.
4.2 Buyer or Consumer
shall pay delivery charges for goods returned to Husse, irrespective of reason
for return. Special conditions shall apply to Franchisees as detailed in
Franchisee Contract, which shall supersede these Conditions.
4.3
Where a specific delivery date has been agreed by Seller and not met, Buyer
shall have right of cancellation of the Contract and have a full refund of
payments where applicable.
4.4 While delivery is
not of the essence and Seller shall make every reasonable effort to meet same,
Seller will not be liable for any losses, costs, damages or expenses incurred
by the Buyer or Consumer arising directly or indirectly from late delivery.
4.5 Where there is no-one available to accept a delivery,
Seller will attempt to contact Buyer or Consumer to make a prompt arrangement.
Where this is not possible, Buyer or Consumer shall become liable for
additional costs arising from a corrective or delayed delivery.
4.6
Unless otherwise specified in the order, delivery shall be to the last address
notified to
Premium
Pet Food Distribution Ltd.
by the order or by any preceding communication.
5. Risk and Title
5.1 Risk in the goods shall pass to
Buyer on delivery.
5.2 Title in the goods shall
pass to Buyer on receipt by Seller of payment of the price in the Contract.
6. Warranty
6.1 All goods supplied by us are warranted free from
defects. This warranty does not affect your consumer rights.
6.2
This warranty does not apply to defects arising from goods wrongly handled or
stored by the buyer or Consumer. The instructions on the packaging for food
items indicate the correct procedures for handling, storage and use of the
goods. Goods returned after the printed sell-by date on the packaging shall
not be deemed to be within Warranty within these terms.
6.3
Under no circumstances shall our liability under warranty exceed the purchase
price of the goods shipped and claimed under warranty.
6.4
All claims under warranty shall be notified to us in writing by post or email
within 72 hours of their discovery. Goods which have been modified without
notice will be deemed to void warranty.
6.5 The
company shall have the right of inspection of all goods claimed under
warranty.
6.6 The company reserves the right to
make the final decision on the warranty claim subject to this inspection and
to proof that the goods have been handled and stored appropriately.
6.7
The company limits its rights for the sale of hard goods (not food products)
to that offered by the original manufacturer, save where this would contravene
Irish consumer laws.
6.8 No company staff member
shall have the right to vary the conditions herein without express permission
of the Board of Directors, having been given at a properly constituted meeting
of same.
6.9 Force Majeure. The
company shall have no obligation to provide a remedy where the defect, fault
or loss is caused by forces outside the company’s control.
6.10
Where a claim is deemed to be malicious or baseless, we reserve the right to
recover our costs and expenses in investigating and treating the claim.
7. Personal Data Protection and Processing
7.1 The company shall acquire, process and store the
information pertaining to an identified or identifiable person (Personal Data)
in accordance with
Husse Personal Data Protection Policy
which details which data is being processed, on what legal grounds, for what
purposes, who shall have access to the Personal Data, how long the personal
data shall be stored, what rights you have concerning your Personal Data and
how you can execute them.
In addition to the Husse
Personal Data Protection Policy, the company shall process and share the
Personal Data in accordance with the provisions of the Husse Franchise Network
Personal Data Sharing Agreement, the essence of which can be reached here.
8. General
8.1 The waiver by us of any clause of
these Terms in a contract shall not be construed as a permanent waiver of the
clause(s).
8.2 If any clause should be held to be
invalid or unenforceable by a competent authority, the validity of all other
clauses shall not be affected.
9. Governing Law
The performance and completion of these Terms and Conditions and any
contract made there under shall be subject to Irish Law and to the
jurisdiction of the courts of the Republic of Ireland.
Premium
Pet Food Distribution Ltd.
, 2005.
Premium Pet Food Distribution Ltd, VAT & Company Number: 4363447KH,
Premium Pet Food Distribution Ltd, Bramley Wood, Castleknock , Dublin 15, Ireland.
Tel. 087 – 637 6628,
E-mail: ireland@husse.com
Web: husse.ie