TERMS OF SALE ON LIFFEY DISTRIBUTORS LIMITED HUSQVARNA E-STORE
1. INTRODUCTION
1.1 These Terms of Sale on
Liffey Distributors Limited, Husqvarna e-Store (the "Terms") set out
the specific terms and conditions applicable to the supply of products, including
accessories and spare parts, ("Products") ordered by companies and/or
consumers ("You") from the Liffey Distributors Limited
Husqvarna e-Store (the "e-Store") for delivery in Ireland (excluding Northern
Ireland). Additional product and warranty information (including product
specifications) can be found on the e-Store's product page(s).
1.2 The e-Store is a site operated
by Liffey Distributors Limited (company number 32087) having its registered
office at 309 Northwest Business Park, Blanchardstown, Dublin 15 under licence
from Husqvarna AB of Sweden. Liffey Distributors Limited’s VAT number is IE[IE8Y68163F].
1.3 You are encouraged to
carefully read these Terms before You order Products. By ticking the "I
agree" box in the checkout process and submitting the order, You accept
and agree to be bound by these Terms. Liffey Distributors Limited reserves the
right to amend the Terms at any time without notice by way of Liffey
Distributors Limited posting a new version on the e-Store. Such change will
however have no effect on orders that were submitted prior to the amended Terms
being notified on the e-Store. Other terms available on the e-Store, such as
the general website
Terms and Conditions of
Use
as well as the Privacy Policy and Cookie Policy are also applicable to Your use of the e-Store. Keep a copy of
these Terms as Liffey Distributors Limited may not archive agreements with You.
1.4 By accepting these
Terms You confirm that You are at least 18 years of age or of legal age to form
a binding contract with Liffey Distributors Limited.
2. ORDERING PRODUCTS
2.1 Products are ordered
and the contract for the purchase of Products is concluded in accordance with
the following process:
(i) After selecting the
Products, You place the order by proceeding to the Checkout. You will be guided
through the checkout process by a series of instructions on the e-Store. If a
selected Product is not in stock, You may request to be notified (via e-mail)
once the Product is in stock as described in the checkout process. You agree
that Your order is an offer to buy, under these Terms, the Products listed in
Your order and there is no binding contract between You and Liffey Distributors
Limited until the order is accepted by Liffey Distributors Limited. Whilst Liffey
Distributors Limited endeavours to supply all ordered Products, note that Liffey
Distributors Limited is free not to accept Your order for any reason, including
where Products are no longer available.
(ii) In placing the order,
You will be requested to provide information relating to You and Your order,
such as contact details, delivery address and information relating to the
selected payment method (e.g. credit card number). You will also be requested
to indicate Your preferred dealer for pick-up of the Product(s) (if pick-up is
selected as the shipment option) and for returns and warranty repairs.
(iii) You will receive an
order acknowledgement and email detailing the Products You have ordered. Please
store Your order number and date for future references. This confirms that Liffey
Distributors Limited has received Your request but is not a confirmation or an
order acceptance from Liffey Distributors Limited. You may cancel or update
Your order up until Liffey Distributors Limited has sent a notice of dispatch
(see next point).
(iv) Once Your order has
been processed and accepted by Liffey Distributors Limited and Your Product is
ready to be shipped, Liffey Distributors Limited will send You a notice of
dispatch by email, text or phone call. Upon receipt of such notice, the
conclusion of the contract for the purchase of the Product(s) takes place.
Actual dispatch will, however, take place subject to what is set out in section
4.3. If a Product that You have ordered is not in stock (including if the
ordered quantity is partially not in stock), Liffey Distributors Limited will
contact You so that You can either cancel the order or, where the Product is
expected to come back in stock, maintain Your order.
3. DELIVERY
3.1 Liffey Distributors
Limited will arrange for shipment of the Products to You by using the shipment
option selected by You in the checkout process. If You select home delivery,
delivery will be carried out by Liffey Distributors Limited sub-contractors
(e.g. dealers and/or transportation partners) and You acknowledge that You may
receive information about the delivery of the Products directly from such
sub-contractors. If You select click and collect, Liffey Distributors Limited
will deliver the Products to the retail store You selected. The dealer will
contact You when the Products have been inspected and assembled and are ready
for collection.
3.2 Shipping and delivery
dates are estimates only and cannot be guaranteed. Products that are marked as
"in stock" will generally be delivered within 2-4 working days. If
the Products are not available within these estimated delivery times Liffey
Distributors Limited will endeavour to let You know through the contact
information You provided (if Products are not available in the ordered
quantity, You may decide to receive such lower quantity and cancel the
remaining ordered quantity or cancel the order in its entirety).
3.3 The delivery will be
completed when Liffey Distributors Limited delivers the Products to the address
You provided, or if You chose click and collect when the Products are delivered
to the store. If no one is available at Your address to take delivery,
reasonable measures will be used to try and effect delivery. If there are
multiple failed attempts to deliver, the Products will be delivered to your
selected dealer and You will be notified when it is ready for collection. You
accept to reimburse Liffey Distributors Limited for any additional
shipment/handling costs caused as a consequence of Your failure to take
delivery in accordance with the agreed terms for delivery.
3.4 Liffey Distributors
Limited reserves the right to make minor technical changes in ordered Products
which do not affect the functionality of the Products.
4. PRICES, DELIVERY COSTS
AND PAYMENT
4.1 The prices applicable
to the ordered Products are specified on the e-Store, as confirmed in the order
confirmation. All prices on the Store are displayed in the local currency of
the e-Store, inclusive of VAT (where applicable) but exclusive of charges for
shipping and handling (these will be added to Your merchandize and itemized
before You agree on these Terms).
4.2 Although Liffey
Distributors Limited tries to ensure that all prices on the e-Store are
accurate, errors may occur (e.g. for technical reasons, such as network
failures, errors in transmission, etc.). If Liffey Distributors Limited
discovers an error in the price of Products You have ordered, Liffey
Distributors Limited will inform You as soon as possible and give You the
option of reconfirming Your order at the correct price or cancelling it.
4.3 Available payment
methods are presented for Your selection on the e-Store in the checkout
process. Your credit or debit card will be charged and the bank transfer will
be effected, respectively, upon acceptance of Your order. The Products will be
dispatched once the credit/debit card has been charged or the payment has been
received (respectively).
4.4 By submitting an order
through the e-Store, You are confirming that the payment details provided on
Your order are valid and correct and that You are authorised to use the credit
or debit card for the payment.
5. RIGHT OF WITHDRAWAL FOR
CONSUMERS
5.1 If You order the
Products in Your capacity as a consumer (pursuant to applicable consumer law),
You have the right, without giving any reasons, to withdraw Your order at any
time up until 14 days from the receipt of the Product. To exercise the right of
withdrawal, You must inform us of Your decision to withdraw by making a clear
statement in writing. To comply with the time limit it is sufficient to send
the withdrawal notice to Liffey Distributors Limited (e.g. by letter or email,
see section 10.1) no later than the 14th day after receipt of the Products. You
can download the
cancellation
form
here. Then please return the Product
within 14 days (see section 10.1) and enclose a copy of your order confirmation
document (received via email following your purchase) with your signature and
return date in the designated "Withdrawal" box.
5.2 Should any payments
have been made, these will be repaid by Liffey Distributors Limited within 14
days of receipt of the relevant returned Products subject to them being
returned in saleable condition. Liffey Distributors Limited will, however, not
reimburse Your delivery costs for returning the Product or any non-standard (eg
express) delivery charges incurred at the time of sale. Additional information
on returns are found in the
return
guidelines
and under FAQs.
Wherever possible, the Products should be returned in their original packaging
but, if this is not possible, You must make sure that You pack them securely
for forward transit. Any return of Products is at your risk so if they are lost
or damaged in transit that will cause loss to you. Accordingly You should
return Products by registered post or other equivalent secure method of
delivery. Where Products are collected from your local dealer you may also
return them to the same location.
5.3 If there is a loss in
value to any of the returned Products, and this loss is the result of use of
the Product other than what is required for inspection of the Product, Liffey
Distributors Limited may make a deduction from any reimbursement or refund made
to You.
6. INSPECTION,
INSTALLATION AND USE
6.1 Upon taking delivery
of the Product, You are encouraged to inspect the Products as to verify whether
there are any damage caused to the Product during shipment or obvious defects
in the Product. Any such damages or defects must be notified to Liffey Distributors
Limited without delay on the address or email specified in section 10.2.
6.2 You are responsible
for the proper installation and use of the Products that You have purchased on
the e-Store. For proper guidance, always read any instructions on the package
for the Products and the relevant Husqvarna user/product manual and
installation guide.
6.3 Spare parts and
accessories that You have purchased on the e-Store must always be installed and
used in accordance with the relevant user manual and installation guide for the
Product into which You intend to install and use the spare parts/accessories.
7. WARRANTIES AND
STATUTORY CONSUMER RIGHTS
7.1 Warranties
7.1.1 Products ordered by
(a) consumers and (b) customers other than consumers, are provided with a 24
months and 12 months manufacturer warranty (respectively) in accordance with
the terms and conditions of the warranty card accompanied with the Product,
unless Liffey Distributors Limited has agreed to an extended warranty in
writing, e.g. as part of Promotions (see section 11.2).
7.1.2 In case the Product
does not fulfil the above mentioned warranty, You are entitled to one of the
following remedies (as determined by Liffey Distributors Limited in its
reasonable opinion): (a) a repair without charge provided by authorised service
technicians; (b) if a repair is not possible (including if the repair costs
would exceed the original purchase price), replacement of the Product with a
Product of equivalent specification; or (c) if repair or replacement is not
available, a refund of the purchase price, including the delivery costs.
7.1.3 To return Products
that do not fulfil the applicable warranty, please see section 10.1 below.
7.1.4 Notwithstanding the
above, Liffey Distributors Limited shall have no liability for non-fulfilment
of the warranty where such non-fulfilment is a result of:
(a) deliberate damage to
or neglect of the Product;
(b) consumables and normal
wear and tear, including but not limited to, batteries, lights, chains;
(c) failure to follow
user/product manual, installations guide and other instructions relating to the
use, installation and care of the Product; or
(d) in respect of a
consumer warranty, the use of the Product for commercial or non-domestic
purposes.
7.1.5 Except for the above
and to the extent permitted by applicable law, Liffey Distributors Limited
disclaims all warranties whether express or implied, including but not limited
to, implied warranties of merchantability, satisfactory quality, fitness for a
particular purpose and reliability or availability.
7.2 Statutory rights for
consumers
7.2.1 As a consumer, You
have statutory rights in relation to Products that are not in conformity with
the product specifications, including these Terms. These statutory rights
(including the right to repair, replacement or refund of the price in certain
situations) are not affected by anything in these Terms, and the warranty set
out in section 7.1 applies in addition to such rights. If You wish to invoke
Your statutory consumer rights, please contact our customer support (see
section 10.2 below).
8. LIMITATION OF
LIABILITY; FORCE MAJEURE
8.1 Liffey Distributors
Limited total liability under these Terms in relation to an individual purchase
order shall be limited to the price You have paid to Liffey Distributors
Limited in respect of that order. Liffey Distributors Limited shall have no
liability for indirect, special, incidental or consequential damages. Liffey
Distributors Limited assumes no liability for claims caused by (a) non-intended
use or handling of the Product, (b) use and installation in combination with
appliances/products for which the Product was not intended, or (c) improper
installation. Please note that use, installation or care which is not carried
out in the required manner may cause personal injury and product damages.
8.2 The limitation of
liability in section 8.1 shall not apply in case of fraud, gross negligence or
wilful misconduct on the part of Liffey Distributors Limited and Liffey
Distributors Limited does not in any way limit its liability for death or
personal injury caused by negligence. Additionally, nothing in these Terms
shall in any way exclude the statutory rights for consumers (see section 7.2).
8.3 Liffey Distributors
Limited will not be liable or responsible for any failure to perform, or delay
in performance of, any of its obligations under these Terms relating to events
outside its reasonable control including acts of god, fire, flood, severe
weather, explosions, war (whether declared or not), acts of terrorism,
industrial disputes (whether or not involving its employees), or acts of local
or central government or of any other competent authorities, as well as other
force majeure events pursuant to applicable law.
9. PROCESSING OF PERSONAL
DATA
9.1 Processing of personal
data relating to employees/representatives of customers
9.1.1 In connection with
the placing of orders, taking delivery or exercising of rights under these
Terms (including to request for stock updates pursuant to section 2.1 above), Liffey
Distributors Limited receives personal data relating to representatives of Your
company (such as name, email and other contact information). You are the data
controller of such personal data and Liffey Distributors Limited processes such
personal data as a data processor on behalf of You. Your company and Liffey
Distributors Limited shall comply with the requirements on data controllers and
data processors (respectively) included in Regulation (EU) 2016/679 General
Data Protection Regulation (the "GDPR"), and such national
legislation implementing GDPR (together the "Data Protection
Legislation").
9.1.2 Liffey Distributors
Limited is given a general right to engage sub-processors located within the
EU/EEA as well as in a third country. Liffey Distributors Limited and the
sub-processor shall enter into a written data processing agreement that is in
line with the Data Protection Legislation and Liffey Distributors Limited must
also ensure that there is legal ground for any transfer of data to a third
country.
9.1.3 Notwithstanding the
foregoing, Liffey Distributors Limited, the Husqvarna group of companies and
associated partners and each of the persons listed as Liffey Distributors
Limited data controllers in the
Privacy
Policy
, may for their own purposes, as data
controllers, freely access, process, utilize and aggregate the personal data
described above, separately or together with other personal data accumulated in
connection with Your use of other services/features provided by Liffey
Distributors Limited. Such data may be used for the purposes described below in
sections 9.2.2 and 9.2.3. Such data may be disclosed to third parties. The
rights in this section 9.1.3 may not be revoked or terminated and will survive
the termination of these Terms.
9.2 Processing of personal
data relating to consumers
9.2.1 If You are a
consumer, Liffey Distributors Limited is the data controller of the personal
data collected in connection with Your purchases of Products and other
activities on the e-Store, such as Your name, age, gender, contact details and
billing information as well as information relating to Your requests and
communication with Liffey Distributors Limited, including Your request for
stock updates pursuant to section 2.1 above. Liffey Distributors Limited, and the
Husqvarna group companies, may also collect and process personal data described
above and data from Your use of the Product separately or together with other
personal data accumulated in connection with Your use of other
services/features provided by Liffey Distributors Limited. Liffey Distributors
Limited processes Your personal data in accordance with the Data Protection
Legislation (as defined in section 9.1.1 above). For contact details, including
contact details to the data protection officer, please refer to section 10, the
Privacy Policy and Cookies Policy.
9.2.2 Liffey Distributors
Limited may use Your personal data for the following purposes:
(i) supply the Products
and respond to Your requests, questions and instructions;
(ii) improve and customize
Your experience with the Products, such as providing support services,
appropriate maintenance and asset management, features and responses tailored
to You and the manner in which You interact with Liffey Distributors Limited;
(iii) provide You with
notifications, content, alerts, offers, promotions, marketing information,
communications and advertisements relating to products and services offered by Liffey
Distributors Limited and Husqvarna group companies;
(iv) operate, evaluate and
improve Liffey Distributors Limited’s business (including developing new
products and services; improving and testing our products and the services;
managing our communications; analysing our products/services, customer base and
how our products and services are used; conducting market research);
(v) perform accounting,
auditing and other internal functions;
(vi) protect against,
identify and prevent fraud and related activity; and
(vii) comply with and
enforce applicable legal requirements, relevant industry standards and our
policies, including these Terms, the Privacy Policy and Cookies Policy.
9.2.3 In relation to the
points (ii)-(iv) in section 9.2.2 above, Liffey Distributors Limited may (a)
analyse and evaluate user data, transactional data and personal aspects
relating to You for profiling purposes and (b) use data collected from the use
of other services/features provided by Liffey Distributors Limited.
9.2.4 You are required to
provide us with personal data referred to in point (i) of section 9.2.2 above
to order and take delivery of the Products. Personal data will be retained only
for so long as reasonably necessary for the purposes set out above, in
accordance with the Data Protection Legislation. You have a number of rights
pursuant to the Data Protection Regulation in relation to Liffey Distributors
Limited 's processing of Your personal data; please refer to Liffey
Distributors Limited’s
Privacy
Policy
for more information about these rights and
how You may exercise them.
9.2.5 Except for what is
set out in section 9.2.3 for which Liffey Distributors Limited has requested
and obtained Your consent (which may be withdrawn at any time without affecting
the lawfulness of processing based on consent before Your withdrawal), Liffey
Distributors Limited processes Your personal data only if required for the
fulfilment of its obligations under these Terms, for complying with a legal
obligation or for any of the purposes listed in section 9.2.2. Liffey
Distributors Limited may share Your personal data with Husqvarna group
companies and service providers who perform services for Husqvarna group. If Liffey
Distributors Limited transfers personal data outside of the EU/EEA, Liffey
Distributors Limited will ensure that such transfer is permitted pursuant to
the Data Protection Legislation.
10. RETURNS; CUSTOMER
SUPPORT
10.1 Without prejudice to
section 5 (as applicable), in case You wish to return a Product to Liffey
Distributors Limited for repair, replacement or refund (as provided for
elsewhere in these Terms), please contact the dealer You have selected in the
checkout process or Liffey Distributors Limited and follow the procedure as
indicated under
returns
guidelines
10.2 For general questions
regarding the use, care or service of the Product, please refer to the user
manual or information available on the e-Store. You may also contact Liffey
Distributors Limited, via
email or by phone(01 824 2600). To locate dealers, please refer to dealer locator.
11. MISCELLANEOUS
11.1 Liffey Distributors
Limited may subcontract and/or transfer its rights and obligations under these
Terms without Your prior written notice (in case of transfer of Your rights, Liffey
Distributors Limited will notify You in writing thereof), but this will not
affect Your rights or Liffey Distributors Limited 's obligations under these
Terms.
11.2 Liffey Distributors
Limited may occasionally run campaigns, sales promotions or offer other
incentives ("Promotions") in relation to Products offered on the
e-Store. The validity of and conditions that apply to the Promotions will be
set out in additional terms and/or rules as shall be made available to You at
that time. Other than as expressly set out in such promotional terms/rules,
these Terms will govern the supply of Products ordered pursuant to a Promotion.
11.3 These Terms together
with the order acceptance, warranty cards as well as promotional terms/rules
and other policies, terms and conditions of Liffey Distributors Limited (as
applicable) referenced herein, is the entire agreement between You and Liffey
Distributors Limited relating to the supply of the Products and supersedes all
prior oral or written communications with respect to the subject matter hereof.
If any provision of these Terms is held to be void, invalid or unenforceable or
illegal, the other provisions shall continue in full force and effect.
12. GOVERNING LAW; DISPUTE
RESOLUTION
12.1 These Terms are
governed by Irish law (without regard to its conflict of law principles). These
Terms are not governed by the United Nations Convention on the International
Sale of Goods, the application of which is expressly excluded.
12.2 Notwithstanding
section 12.1, if You are a consumer, these Terms are governed by the laws of
the jurisdiction where You are a resident, without regard to its conflict of
law principles.
12.3 Any dispute,
controversy or claim arising out of or in connection with these Terms, or the
breach, termination or invalidity thereof, shall be finally settled by
arbitration in accordance with the CEDR Arbitration Rules. The seat of
arbitration shall be Dublin, Ireland. The language to be used in the arbitral
proceedings shall be English. Any arbitral proceedings conducted hereunder,
including all information disclosed as well as any decision or award that is
made or declared during the proceedings, will be kept strictly confidential.
12.4 Notwithstanding section
12.3, if You are a consumer, any dispute, controversy or claim arising out of,
or in connection with these Terms shall settled by the courts of the
jurisdiction where You are a resident. Alternative options for dispute
resolution are provided in the following
document. The European Commission provides a website for online dispute
resolution, dedicated to helping consumers and traders resolve their disputes
out-of-court, available at
resolve
disputes
.