1. Business Customers and Consumers
1.1 Some of these terms apply to consumers only; some apply to business customers only. These terms are marked as such.

1.2 All other terms apply to all customers.

1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or you use the goods in the course of your business.

1.4 If you are not a business customer, you are a consumer. Your statutory rights are unaffected by these terms.

2. Definitions
2.1 The Company means Dara Leather T/A FloorPro with its registered office at

2.2 The Customer means the person or persons, firm, business, partnership, company or other organisation by whom an order has been placed for the company to provide goods.

2.3 The ‘Contract’ means any contract for sale of goods by the Company to the Customer.

2.4 The Contract Price shall mean the amount payable by the customer under the terms of the contract.

2.5 The ‘Goods’ mean any goods forming the subject of this contract including parts and components of or materials incorporated in them.

2.6 The Premises means the address of the customer, as detailed in the contract, or any other premises or building agreed by the company where the good are to be delivered.

3. Quotations
3.1 All quotations by the Company are subject to acceptance within 28 days. The Company reserves the right to withdraw a quotation at any time before it has been accepted by the Customer. No quotation issued by the Company shall constitute an offer to supply goods.

3.2 Verbal quotations for stock availability and current price are correct at the time given by the Company, but unless confirmation of an order by the Customer is given immediately, and deposit placed at this time, the Company cannot guarantee stock availability or price.

3.3 Quotations are only valid in writing & when signed by authorised personal only, or in the form of official company paperwork (invoice, quotation, pro-forma etc).

3.4 A contract exists only when a deposit is placed on a quotation.

4. Contract Terms
4.1 A contract for the supply of the goods by the company to the customer shall only exist when an order has been placed by the customer and accepted by the company and the deposit has been paid in full.

4.2 No provisions, modifications, amendments, or variations of the contract by the customer shall apply unless they are in writing and are agreed and signed by or on behalf of the company. In such a case, these shall be deemed to be amendments to the contract and shall not constitute a new contract and the customer shall confirm any such variation in writing as soon as requested by the company, but the company shall not be obliged to request or obtain such confirmation.

4.3 Where any variation to the goods is agreed by the company, after the date of contract, the company reserves the right to amend the contract and/or the contract price accordingly. Any typographical or clerical error or omission in any quotation, pricelist, contract, order, acceptance, invoice, or any other document issued by the company shall be subject to correction without any liability on the part of the company at whatever time and whenever such a correction shall be necessary.

4.4 These terms and conditions shall apply to every contract. The company shall not be bound by any terms and conditions which may be inconsistent with these terms and conditions.

5. Lead Times
5.1 Special order lead times are a minimum of 2 weeks from the date of deposit placed.

5.2 Any lead times given are approximate only and while normally correct, are subject to change without notice.

5.3 The Company are not responsible for any losses RE the late or non-supply of goods.

6. Delivery
6.1 Adequate labour etc. must be provided for unloading.

6.2 Goods are delivered to ground floor only, with the exception of Decking, which is to curbside only.

6.3 The Company can refuse delivery to site if it is deemed dangerous to the driver or vehicle.

6.4 It is the responsibility of the Customer or their agents to be present at the time of delivery and to check that the correct quantity and product has been delivered. A proof of delivery must be signed by the customer or somebody representing them.

6.5 The Company has no responsibility or liability for the unloading of goods on site and for the storage and security of such goods.

6.6 When delivering to site the Company’s drivers can refuse delivery in the absence of a signature for receipt from an authorized person as proof of delivery.

6.7 Any period or date of dispatch quoted is an estimate only and the Company shall not be liable for any loss or damage arising directly or indirectly from delay in dispatch or delivery.

6.8 Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods.

6.9 The Company cannot be held responsible for non-delivery caused by the existence or apprehension of war, acts of terrorism, declared or undeclared hostilities, quarantine, riots or strike.

6.10 All deliveries have a charge and it is solely at the Company’s discretion whether to pass on this charge or not.

6.11 A 25% handling fee will be charged on all returned goods. Excluded from this charge is the pick-up fee, which is not negotiable.

6.12 It is understood that the customer shall bear all delivery costs and all further costs incurred by failure of the customer to accept delivery.

6.13 Delivery in instalments should be treated separately and each delivery is a separate contract.

6.14 Goods described in the contract will not be delivered unless paid for in full and said monies are in the Company’s bank account.

7.Price
7.1 The Price will be the agreed amount for goods or services made by the Company with the Customer in writing, or as per the Company’s price list on the date of dispatch.

7.2 The price is as set out in a Pro-Forma Invoice on order. Prices may vary from date of quotation to date of dispatch.

7.3 The price list is not an offer. The Company may choose to reject any order. The Company is not bound by an order until an official acknowledgement letter or dispatch document has been raised on its official forms.

7.5 If goods are not paid for we reserve the right to enter the Customer’s premises to retrieve the goods even if they have been laid.

7.6 If a customer fails to pay for goods or stops payment, the company has the right to claim legal fees and any other costs as a result of the customer’s failure to pay.

8. Payment
8.1 Payment is accepted by Cash, Cheque & Online Transfer only.

8.2

8.3 Deposits / First Payments can only be accepted if the cardholder is present in the store. Second payments may be accepted on the phone subject to some additional terms and conditions.

8.4

8.5

8.6

8.7

8.8 Cash payments are limited to a maximum amount of €10,000.

8.9 Cheques usually take five (5) business days to clear – the customer should ensure that the company gets payments, in time for clearance, before the payment is due.

8.10 Non or late payments incur 2% added costs per month of delay.

8.11 Failure to pay in full or any monies deducted from the overall price must have written consent from the Company.

8.12 Further failure to pay negates the Customer’s warranty

9. General
9.1 The Company only supplies wood flooring and accessories and does not fit or lay any type of floors. Any claims arising from badly laid or incorrectly supplied floors are the responsibility of the Customer or their agents.

9.2 All orders accepted by the Company are subject to these terms and conditions. These terms and conditions will prevail if there is any inconsistency between them and any Customer’s conditions.

9.3 The Company excludes any liability for recommending floor fitters or individuals. Should there be any dispute as to the quality of the workmanship this must be between the Customer and the fitter not the Company.

9.5 The Company may at its discretion suspend or terminate the supply of any goods, if the Customer fails to make payment or defaults in any of its obligations under the contract or any other agreement with the Company.

9.6 Any qualification or variation to these conditions in the Customer’s order or made otherwise by the Customer is excluded from the contract unless expressly agreed by the Company in writing. Oral variations to these conditions have no effect.

9.7 The contract or its agreement shall be governed by Irish Law and the Customer consents to the exclusive jurisdiction of the Irish Courts in all matters regarding this contract except to the extent that the Company invokes the jurisdiction of the Courts of any other Country.

9.8 Wood should be stacked and spaces should be allowed every 5-8 boards to help air flow.

9.9 We reserve the right to refuse any out of stock/ opened or damaged goods returned to our warehouse.

9.10 No goods will be accepted back after 21 days from delivery. There is a no-return policy on wet goods such as glues, primers and lacquers.

9.11 If goods are sold to a Business Customer that has not been paid and are delivered to a third party the Company still retain ownership. If the original purchaser becomes insolvent or applies for receivership the third party will become liable for the goods.

10.Samples
10.1 Each piece of wood is unique in grain and colour and therefore cannot be truly representative of a finished installation.

10.2 Each board is individual with variation in colour, grain structure and knot size.

10.3 Wood can patina and shade differently from batch to batch, surface finishes may vary also.

10.4 We cannot guarantee that a small sample will represent the overall appearance of a laid floor. A sample is for reference only and no rights may be claimed.

11.Claims
11.1 Any claim for non-delivery of any goods should be notified in writing by the Customer to the Company within 5 days of the date of the Company’s invoice.

11.2 Any claim that the goods have been delivered damaged or not the correct quantity or do not comply with their description shall be notified by the Customer to the Company within 7 days.

11.3 Verbal advice given by the Company is by no means a guarantee unless put in writing by the Company. Furthermore the Company cannot be held responsible to hearsay.

11.4 The Company is not liable for any badly or incorrectly laid floors or any subsequent damage, liability or costs incurred from any independent arbitration arising from verbal or referred recommendations of floor installers given by the Company or any of its representatives.

11.5 Any alleged defect shall be notified by the Customer to the Company within 7 days of the delivery of the goods or in the case of any defect that is not reasonably apparent on inspection within 7 days of the defect coming to the Customer’s attention prior to installation or laying of flooring. In any event within 28 days of delivery.

11.6 If the Customer establishes that any goods are defective, the Company shall as its option replace with similar goods or repair any defective goods.

11.7 Where the Company is liable in accordance with these conditions in respect of only some or part of the goods, the contract will remain if full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the Customer against or in respect of such other or parts of the goods.

11.Risk & Retention
11.1 All goods supplied by the Company remain its property until paid for. The Company reserves the right of disposal of all goods delivered to the Customer until paid for. The Customer will not deface or remove the Company’s notices of ownership and Retention of Title affixed to goods until paid for. If the Customer sells goods delivered by the Company before they are paid for it will do so as agent of the Company. Notwithstanding the foregoing, risk in goods delivered by the Company and all liability to third parties in respect of the goods will pass to the Customer from the time when the customer has collected the goods, or when the Company has delivered them either to the Customer or to an independent carrier. The Customer will bear responsibility and risk for any loss arising from damage or theft of the Company’s goods however caused.

FURTHER TERMS AND CONDITIONS ARE AVAILABLE ON REQUEST

Website

Your use of the FloorPro website is subject to the following terms and conditions, if you continue to browse and use this website you are agreeing to comply with, and be bound by, the following terms and conditions of use which, together with our privacy policy, govern our relationship with you in relation to this website.

The term ‘FloorPro ‘, ‘us’, ‘our’ or ‘we’ refers to the owner of the website whose registered office is: The Chalet, Letteragh Road, Rahoon, Galway. The term ‘you’ refers to the user or viewer of our website.

Copyright Notice:

This website and its content is copyright of FloorPro © 2015. All rights reserved.

Any redistribution or reproduction of part or all of the contents of this site in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content, design or photography displayed on this site. Nor may you transmit or store the content or imagery on this site in any other website or other form of electronic retrieval system. For press enquiries or further information, please contact: dara@floorpro.ie

For the purposes of viewing the site, permission is granted to temporarily download one copy of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on name’s web site;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by name at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

The use of this website is subject to the following terms of use:-

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the text, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without our prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Ireland.

Disclaimer:

The information contained in this website is for general information purposes only. The information is provided by FloorPro and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of FloorPro. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, FloorPro takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Privacy Policy:

This privacy policy sets out how FloorPro uses and protects any information that you give when you use this website.

FloorPro is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

FloorPro may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 27/06/15.

We may collect the following information:

name

contact information including email address

demographic information such as postcode, preferences and interests

other information relevant to customer surveys and/or offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you ay find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security:

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies:

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites:

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 2003. A small fee will be payable. If you would like a copy of the information held on you please write to: FloorPro, The Chalet, Letteragh Road, Rahoon, Galway.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.