top of page

TERMS AND CONDITIONS

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Polytunnels Kenmare's terms and conditions. “Polytunnels Kenmare”, “Ourselves”, “We” and “Us”, refers to Neidin Lighting Ltd trading as Polytunnels Kenmare. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Polytunnels Kenmare's stated services/products, in accordance with and subject to, prevailing Irish. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Polytunnels Kenmare's Privacy Policy applies to all day to day telephone, websites and internet business and transactions. Authorized employees within Polytunnels Kenmare on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The state has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are governed by the Data Protection Act 1988 and the Data Protection (Amendment) Act 2003 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address or contact details for unsolicited mail. Any emails sent by Polytunnels Kenmare will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Polytunnels Kenmare: Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Polytunnels Kenmare's literature; and Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal

course of things or you have advised Polytunnels Kenmare of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Polytunnels Kenmare does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash, all major Credit/Debit Cards, Bankers Draft or EFT (Electronic Funds Transfer) are all acceptable methods of payment. Polytunnels Kenmare do not keep credit card or debit card details in digital or electronic format for the protection of the Client. Our Terms are payment in full within thirty days on all approved accounts and payment in full in advance on all other accounts. All goods remain the property of Polytunnels Kenmare until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing AIB’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed €2000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned cheques will incur a €25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Minimum 24 hours notice of cancellation required for dry goods. In the case of cancellation of an order for live plants grown to order, we reserve the right to not refund any deposit paid until the live plants have been reallocated to another purchaser. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy up to €100 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the products and services featured on this website are only available within the Ireland, or in relation to postings from the Ireland. All advertising is intended solely for the Irish market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Polytunnels Kenmare.

 

Polytunnels Kenmare

does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Polytunnels Kenmare, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Polytunnels Kenmare on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookie Policy

Like most interactive web sites Polytunnels Kenmare's website [or ISP] use small data files (called cookies) to enable us to retrieve user details for each visit. Most websites do this too including the big websites that you would be familiar with and use regularly. Some of our affiliate partners may also use cookies. What are cookies? A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. How do we use cookies? 1: We use cookies to learn how you arrived at a page on our website (meaning by which route) 2: We also use cookies to learn more about your individual interests by analysing what content you interacted while on a specific webpage in order to target you with advertising and offers that interest you. 3: Cookies are used to remember if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won’t be asked again) It is important to point out that cookies will not be used for any purpose other than the ones stated. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can always delete or block these cookies, but if you do that it is important to understand that some features of this site may not work as intended. The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to

them. Polytunnels Kenmare will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to Polytunnels Kenmare's products and services and the full content of this website.

Communication

Polytunnels Kenmare's contact information, can be found on our Contact Us link on our website or via Polytunnels Kenmare literature or via Polytunnels Kenmare's stated telephone or mobile telephone numbers. This Limited Company is registered in Ireland as Neidin Lighting Ltd Trading as Polytunnels Kenmare.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Ireland govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Polytunnels Kenmare to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Polytunnels Kenmare.

Notification of Changes

Polytunnels Kenmare reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made

on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Polytunnels Kenmare 2013 All Rights Reserved

Polytunnels Kenmare, Dromnevane,

Kenmare, Co Kerry, Ireland. 087-3892991, 087-2432157, polytunnelskenmare@gmail.com

bottom of page