Terms of Service
Overview
This website is operated by Hayes & Porter. Throughout the site, the terms "we", "us" and "our" refer to Hayes & Porter. Hayes & Porter offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following Terms of Service ("Terms of Use", "TOS"), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including but not limited to browsers, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the website or use our Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current offering will also be subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use at our discretion.
Section 1 - Terms and Conditions of Online Store
By agreeing to these Terms of Use, you represent that you are at least the age of majority in the country in which you reside, or that you are the age of majority and have given us your consent to allow any minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including, without limitation, copyright laws) while using the Service.
You must not transmit any worms, viruses or code of a destructive nature.
Section 2 - General Terms and Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (other than payment card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
This site may contain certain historical information. Historical information, by its nature, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Changes in Services and Prices
The prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Conclusion of Contract: The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the "Buy Now" button, you are making an offer to enter into a purchase contract. An automated e-mail confirmation will be sent upon receipt of your order. This confirmation does not constitute acceptance of the contract.
Warranty: Your statutory consumer rights under Irish and EU law apply in full.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your device's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Our products are fulfilled by our supplier and shipped directly to you. Any applicable customs duties or import charges are the responsibility of the customer.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.
For more details, please refer to our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which those tools are provided by the relevant third-party provider(s).
Section 8 - Links to Third-Party Websites
Certain content, products and services available via our Service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully any third-party policies and practices before making any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
Section 9 - Comments, Feedback and Other Submissions
If, at our request, you send certain submissions (such as contest entries) or, without a request from us, you send unsolicited creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you forward to us. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which is compliant with the EU General Data Protection Regulation (GDPR) and Irish data protection law. To view our Privacy Policy, please visit the relevant page on our website.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, EU, national, or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, other websites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing communications or engage in scraping or crawling; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, other websites or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall Hayes & Porter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability is limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Hayes & Porter and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 - Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Ireland and the applicable laws of the European Union, including the EU Consumer Rights Directive and the General Data Protection Regulation (GDPR).
Section 19 - Changes to Terms of Use
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Use should be sent to us at info@hayesandporter.com.