General Information
• J&J’s The Hardwood Floor Company is a legal trading entity located in the Republic of Ireland.
• Any further reference to ‘the company’ is relating to J&J’s The Hardwood Floor Company.
• None of the terms and conditions below impinge upon your rights as a consumer, if you have any questions please contact our office.
• Our registered office is at 23 Spruce Avenue, Sandyford Business Estate, Blackrock Co. Dublin.
This section outlines the fundamental conditions relating to the contract between us and the consumer.
2. The conditions that follow are applicable to the contract and to the exclusion of any other terms that a consumer may seek to enforce or include , or those which may be implied by custom, practice, trade or course of dealing.
3. The Order made by the consumer constitutes an offer by the customer to purchase the products in accordance with then conditions set out within the contract. The customer bears the responsibility of ensuring that the terms of the order and any associated specification are as accurate as possible and complete.
4. The customer must notify the supplier upon placing the order if it requires that the profiles of tongue and groove in the wood floor products match.
5. The order is only considered to be accepted when us, the supplier, have expressly accepted your order in writing. Additionally, should an expressed written acceptance not occur, when the Supplier actively begins to fulfil the customers order, at which point the contract shall come into existence.
6. For the avoidance of doubt, the customer shall not be entitled to cancel any order once it has been accepted by the supplier and their order has entered the manufacturing process.
7. The Supplier withholds the right to reject any order, should this right be practiced the consumer shall be notified in writing or by telephone. In the event that the consumer has paid entirely or partially, the supplier shall refund the consumer as soon as reasonably practical.
8. The Contract constitutes agreement between the two parties for the sale of goods and/or the supply of services. By entering the contract the consumer acknowledges that they have not placed any reliance upon a statement, assurance, warranty or representation made by or provided on behalf of the supplier that are not expressly existing within the contract.
9. All samples, images, drawings, and other advertised material, including content on our websites or brochures are published for the sole purpose of providing an accurate idea of the Products contained within them. They possess no contractual force and shall not form any part of the contract.
10. A quote provided by us shall not constitute an offer. A quote provided by us is only valid for a period of 30 days and is rendered void for any period after this.
11. We have taken every reasonable measure to ensure we display the colour of our products as accurately as possible on our website, in our samples and all other productions created with the intention of conveying the products to you. We cannot guarantee the consumer’s product will identically reflect that on the website or any other production made by us.
12. Wooden floor products being a harvested good from nature, by entering the contract the consumer agrees to acknowledge :
12.1. The moisture level of the wood floor products may vary from batch to batch;
12.2. The degrees of groove and tongue will vary from batch to batch.
12.3. The consistency and colour of the Products may vary from any samples and is liable to change as a result of the passage of time and any exposure to sunlight.
This section details the terms and conditions regarding the delivery and collection of goods. By entering the contract you acknowledge and agree to all the conditions detailed below.
2.1 The supplier shall take reasonable and practical measures to ensure that :
(a) All deliveries shall be accompanied with the relevant delivery documentation, detailing the date of the order and all relevant customer and supplier reference numbers, the quantity of the product delivered, some informative instructions describing the required storage conditions ; and
(b) If we require you to return any packaging to us this shall be noted within the delivery documentation. Additionally this will be communicated prior to delivery via telephone or writing.
2.2. The Supplier shall deliver the goods to the delivery location provided by the consumer through their order. Any bespoke product entails a lead time of 6-8 weeks, this lead time is only enacted upon the payment of the deposit, 50% of the total cost. Once the ordered goods have arrived to us, we will communicate a delivery date that suits both parties.
2.3. The customer may opt to collect the goods from our premises which is permitted. When the goods have arrived we will make the collection available at the earliest, reasonable time and communicate to the customer when to collect their order. It is advised to have sufficient ‘man-power’ to load your chosen vehicle with your goods.
2.4. The delivery of an order is deemed to be complete upon either i) the delivery of the goods to the requested delivery location (or the best alternative) or ii) upon collection of the goods from our premises.
2.5. Delivery is to curb-side only, sufficient human resources will be required to bring the goods to your exact desired location. Additionally, adequate resources and personnel shall be required to load orders for collection too.
2.6. There is a further delivery option which the customer may avail of, this includes the delivery and offloading of goods to the customer’s precise desired location, this options incurs a greater charge than curb-side delivery.
2.7. In the unlikely event that we fail to delivery all or part of the goods within your order, our liability shall be limited, in the event of any of the following:
2.7.1.By replacing the Undelivered Products within a practical and reasonable period of time; or
2.7.2. If the customer has paid in full for the undelivered goods, the supplier may elect to reimburse the customer for the price of the undelivered products.
2.8. We are exempt from all liability if the failure of delivery arises via any of the following:
2.8.1.If any failure or impediment is caused by the Customer’s failure to comply with its obligations under the Contract, including a failure to:
2.8.1.1.Collect the products
2.8.1.2.Provide the supplier with the correct delivery address or any other relevant instructions; and/or
2.8.2.The failure or delay has been caused by an unforeseen intervening event.
2.9. Should the Customer fail to accept delivery of the goods ordered or collect the Products from the collection point on the arranged delivery date, then, except where such failure or delay is caused by the Supplier’s failure to comply with its obligations under the contract:
2.9.1. Delivery of the Products shall be deemed to have been completed at 9.00am on the delivery date and responsibility for the products shall pass to the customer upon deemed delivery;
2.9.2. We shall store the products at our premises and a storage charge will be communicated to the customer;
2.9.3. If the Customer fails to accept delivery of the products within 4 weeks of the agreed delivery date, we are entitled to otherwise dispose of the products to any third party, without any liability to the customer.
2.9.4 It is the responsibility of the customer to inspect goods upon delivery/collection. Once installation of the goods has commenced, this is considered to be total acceptance, and no return nor refund can be completed.
2.10. Any dates quoted for delivery are strictly estimations only. The supplier shall not be liable for any delay in delivery of the products that is caused by a force majeure event or the customer’s failure to provide the supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the products.
2.11. The Customer is not entitled to reject a delivery in the event that the quantity delivered is 5% more or less than that ordered, but adequate adjustments shall be made to the order invoiced to reflect the actual quantity delivered, and if any excess products supplied are not required by the customer, the customer shall be responsible for disposal of such products.
2.12. The delivery of products may be completed in instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the customer to cancel any other instalment.
2.13. Upon dispatch we shall record the type and quantity of the goods being delivered and this shall constitute sufficient evidence of such, however the customer is responsible for checking the products upon delivery and ensuring that it has been supplied with the correct products (including but not limited to, the correct colour), before installing the products at the installation location.
2.14. We are able to deliver products to outside the Republic of Ireland. However there may be certain restrictions on certain products in different countries, so the Customer must contact the supplier before ordering products for delivery to any international delivery location to verify whether we are able to deliver to the customer’s preferred country or location.
2.15. The Customer shall bear responsibility for verifying any and all relevant import, duties and taxes which are applied when the products reach the international delivery location. Unfortunately we cannot predict how much these charges may be nor do we have any control over them. The Customer shall be responsible for calculating and satisfying the amounts of any such import, duties and taxes and for payment of the same.
2.16. The Customer shall be responsible for complying with all appropriate laws and regulations in the relevant International delivery location. We cannot guarantee that are products are compliant with the laws in your chosen delivery jurisdiction, hence we are not liable for any such breach by the customer or the goods themselves.
2.17. It is at our discretion that we may permit the customer to return goods to us given that:
2.17.1.The products have not been removed from their packaging or in any way handled, modified or installed in a manner that would render them un-sellable. This is of the sole opinion of us.
2.17.2. The product is not a bespoke item produced exactly to the customer’s specification;
2.17.3. The customer returns the goods to us, at their own expense, within 30 days after the delivery date; and
2.17.4. The customer satisfies are restocking fee, which amounts to 20% of the total cost.
3.2. Any products that you have ordered will be detailed in the quote, invoice and delivery documentation that will be signed upon delivery. All are subject to changes. Should any change occur we will take reasonable measures to communicate this with you at the earliest convenience.
3.3. We shall undertake all reasonable measures to be as accurate as possible, all weights, sizes, dimensions, capacities and measurements indicated by our quotation, order confirmation, website or other literature is approximate only.
3.4. So far as the goods are being produced aligned to the customer’s bespoke specifications, the customer shall indemnify the supplier against all costs, liabilities, damages, expenses and losses (including any indirect, direct or consequential losses, loss of reputation, loss of profit and all interest, penalties and legal and other reasonable professional costs and expenses) suffered by us in affiliation with any claim made against the supplier for alleged or actual infringement of a third party’s intellectual property rights arising out of or in connection with the supplier’s use of the specification. This clause 3.3 shall survive termination of the contract.
3.5. To ensure we stay compliant with all the relevant statutory regulatory requirements we withhold the right to amend specifications should such amendments be required. We will take reasonable efforts to communicate such amendments with the customer at the earliest possible convenience.
3.6. In certain events we may need to provide an alternate product, webwithhold the right to do so. However, we shall take all reasonable endeavours to ensure this alternative option is as close as possible aesthetically as the original product. As soon as we aware that we ought to provide an alternative product, we will notify the customer as soon as reasonably possible. The customer has the right to terminate the contract if they wish, upon notice of this. Given that the alternative product is more than 5% of the original quantity desired in the original product.
3.7. It is the responsibility of the customer to ensure that the products are adequately maintained including but not limited to:
3.7.1.by ensuring environmental conditions and installation methods are in accordance with international organisation for standardisation (ISO) for installation of flooring of wood and wood based panels as issued and amended from time to time.
3.7.2.By ensuring that all reasonable measures are taken to comprehensively protect the floor from damage. This includes surface damage like scratches, dents and scuffs, but is not limited to these. Also including but not limited to damage arising from sealing, sanding and using cloth furniture protectors in accordance with manufacturers guidance or instructions provided by the installer of the wood floor products; and
3.7.3.by the implementation and creation of a proper care and maintenance schedule, including the use of appropriate materials and methods, in accordance with the guidelines issued by the supplier.
3.8. We are committed to complying with EU timber regulations. All timber and timber products provided by us are in accordance with the EU regulations on timber contained in regulations (EU) No 995/2010 of the European parliament and of the council, to the best of the our knowledge and belief. In accordance with Article 4(2) of the regulations the Supplier exercises all necessary yet proportionate due diligence procedures outlined in Article 6 of the same to ensure that any timber or timber product provided by the supplier has been legally harvested in accordance with the regulations and the applicable legislation of its origin country (be it member state or not).
3.9. If the products are intended to be used for a specific purpose, it is the sole responsibility of the customer to ensure the product is fit for such purpose and whether they are to be used for a particular or special purpose and whether they are suitable for the intended installation location and the customer agrees, and acknowledges and accepts that the supplier is a supplier of the products only and nothing is to be taken as a warranty, representation or otherwise that the supplier has provided any design advice or installation instruction upon which the customer is entitled to place any reliance.
3.10. Should the order made by the customer be for supply only, we are exempt from all liability for any damage caused to the products during the installation period. Any recommendations, guidelines or instructions provided by us are to act as manufacturer’s guidelines only and are not specific to customer’s installation job or any individual Products and should not have any reliance placed upon them for the adequate installation of the products, which should only be carried out by an appropriately skilled professional.
4.2. The majority of the products we sell are guarded with a manufacturer’s guarantee. For details of the applicable terms and conditions, the customer should seek such information from us prior to making their order.
4.3. For products which do not have a manufacturers guarantee, the supplier provides a warranty that the products shall be free from material defects in material, design and workmanship, conform in all material respects with their description and be fit for any purpose expressly held out by the Supplier and remain so for the following applicable “warranty periods”:
4.3.1. In the case of Wood Floor Products, for 12 months from the Delivery Date; and
4.3.2. In the case of other products, until the expiry of the earlier of the “used by”, “expiry”, or “best before” period stated on the packaging, labelling or other documentation accompanying the other products on delivery.
Quality Assessment
4.3.3. The customer gives notice in writing to the supplier during the applicable warranty period, within a reasonable time of discovery that some or all of the products do not comply with the warranty provided.
4.3.4. The Supplier is given a reasonable opportunity of examining such products; and
4.3.5. The Customer (if asked to do so by the Supplier) returns such products to the supplier’s place of business at the customer’s cost (including all costs associated with the uplift and/or removal of the products where such products have been affixed), the supplier shall, at its option, repair or replace the defective products, or refund the price of the defective products in full.
4.4. The Hardwood Floor Company shall not be liable for Products’ failure to comply with the warranty set out in any of the following events:
4.4.1. The Customer makes any further use of such Products (including by continuing to install the wood floor products) after giving notice of the products defect;
4.4.2. The defect arises because the customer failed to follow the supplier’s user or manufacturer’s guidelines, oral or written instructions as to the storage, commissioning, installation, use, protection and maintenance of the products or (if there are none) good trade practice regarding the same;
4.4.3. The defect arises as a result of the supplier following any drawing, design or specification supplied by the customer (including but not limited to in the case of bespoke products);
4.4.4. The customer or any third party alters or repairs such products without the written consent of the Supplier;
4.4.5. The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions, accident or negligence by the customer or any third party including but not limited to upon the installation of the products; or
4.4.6. The products differ from the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
4.5. The Hardwood Floor company shall have no liability to the customer in respect of the products’ failure to comply with the warranty.
4.6. These Conditions shall apply to any repaired or replacement products supplied by the Supplier.
5.2. The price of the products will be clearly represented on the quotation, if no price is quoted, the price set out in our price list in force as at the date of delivery will constitute the price.
5.3. We withhold the right to increase the price of a product at any point up to 5 days before the scheduled delivery date, this may be done to reflect price changes in cost prices, delivery and shipping costs that is due to:
5.3.1. Any factor beyond that us beyond our control (including foreign exchange fluctuations, increases in and/ or the imposition o taxes, tariffs and duties, import costs (and other costs incurredor payable as a result of or connected to the departure of the United Kingdom from the European Union) and increases in labour, materials and other manufacturing costs),;
5.3.2. Any request by the customer to change the delivery date, quantities or types of products ordered, or the specification; or
5.3.3. Any delay caused by any instructions of the customer or failure of the customer to give the supplier adequate or accurate information or instructions.
5.4. The price of the products is exclusive of the costs and charges of insurance, packaging, unloading, loading and transport of the products, which shall provide in an invoice to the customer.
5.5. The price of the products is exclusive of amounts in respect of value added tax. The customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the supplier such additional amounts in respect of VAT as are chargeable on the supply of the products.
5.6. Where we have agreed that the Products shall be delivered to an international delivery location, the price of the products does not include any relevant import duties, taxes or any other fees associated with such delivery, and the customer shall be responsible for all such International payments.
5.7. If the customer elects to avail of the unloading service there is an additional charge. We will notify the customer of such charge in the order confirmation.
5.8. Any price communicated to you by us for the price of any product does not represent the total cost of the order. Additional services and items, such as delivery, are to be calculated when an order is offered to us. Delivery charges vary depending upon multiple factors, we do our best to be as accurate as possible in calculating delivery costs but they are subject to change should an unforeseen event raise the delivery cost. The estimated delivery charge will be stated both the quote and the invoice.
5.9. If the customer has a credit account with us we may invoice them directly for the Products, VAT, Additional Payments and any applicable International Payments on or at any time after the day following the date upon which the Products are dispatched to theCustomer for delivery or made available for collection at the Delivery Point (as applicable).
5.10. Upon receiving the invoice the customer is required to pay a deposit of 50% within 30 days. The remaining balance is due at the latest, 5 business days prior to the estimated delivery / collection date. Payment shall be made to the bank account provided by us on the invoice. Time of payment is of the essence.
5.11. Unless we have consented to an alternative way of practice in writing, if the customer does not have a current credit account, we shall invoice the customer for the price of the Products, VAT, additional payments and any applicable international payments at any time after the customer has placed the order and payment must be made in full and cleared funds to the bank account nominated in writing by the supplier within 30 days of the date of the invoice, and in any event prior to delivery of the products. We shall not dispatch the products for delivery or allow collection of them until we have received payment in full.
5.12. If the customer’s order includes any bespoke products, a non- refundable payment of 50 per cent (50%) of the price of the bespoke products must be made at the time the customer places its order. The supplier shall be entitled to invoice the customer for the balance at any time after the customer has placed the order, and except as otherwise agreed by the supplier in writing, payment must be made to the supplier in full and cleared funds to the bank account nominated by the supplier in writing, within 30 days of the date of the invoice, and in any event prior to delivery of the bespoke products. The supplier shall not dispatch the bespoke products for delivery or allow collection of them until it has received payment in full and cleared funds.
5.13. For the avoidance of doubt, where the customer has ordered bespoke products, any deposit paid by the customer, or otherwise, shall be non-returnable if the customer subsequently cancels or terminates the order or fails, for whatever reason, to collect or take delivery of the bespoke products within a period of 6 weeks from the delivery date.
5.14. If the customer fails to satisfy any payment owed to us by the required payment date, then:
5.14.1.The Customer may be compelled to pay an interest rate for every 14 calendar days that passes following the original payment date.
5.14.2.We are entitled to recover all costs in pursuing the debt (including legal fees) from the Customer.
This section details the transfer of titles and the acceptance of risks regarding the contract between us and the customer for the sale of goods and/or the supply of services. By placing an order with us you acknowledge and agree to the terms below.
6.2. The risk in the Products shall pass to the Customer upon signing and accepting the products either at the delivery location or collection point.
6.3. The transfer of the titles shall not be enacted until the order is paid for in full, either via chas ior cleared funds to our bank for:
6.3.1. the Products; and
6.3.2. Any other goods that the supplier has supplied to the customer, in this event titles shall transfer as soon as we have acknowledged in writing, full payment from the customer.
6.4. Up until the moment the titles pass to the customer, the customer shall:
6.4.1. Store the products in an adequate and safe location where they remain easily accessible and identifiable
6.4.2. Not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
6.4.3. Upkeep and maintain the products in the state in which they were delivered and keep them insured against all risks for their full price from the date of delivery and upon our request, produce such policies of insurance to the supplier;
6.4.4. The customer shall notify us immediately if it becomes subject to any of the events listed in clause 8.3 and
6.4.5. Give the supplier such information relating to the products as the supplier may require from time to time.
6.5. The customer may resell or use the products in the ordinary course of its business (but not otherwise) before the supplier receives payment for the products. However, if the customer resells the products before that time:
6.5.1. It does so as principal and not as the supplier’s agent; and
6.5.2. Title to the products shall pass from the supplier to the customer immediately before the time at which resale by the customer occurs.
6.6. If before title to the products passes to the customer the customer becomes subject to any of the events listed in clause 8.3, then, without limiting any other right or remedy the supplier may have:
6.6.1. The Customer’s right to resell the products or use them in the ordinary course of its business ceases immediately; and
6.6.2. The Supplier may at any time:
6.6.2.1.Require the customer to deliver up all products in its possession which have not been resold, or irrevocably incorporated into another product; and
6.6.2.2. If the customer fails to do so promptly, enter any premises of the customer or of any third party where the products are stored in order to recover them.
7.2. Nothing stated within these Terms and Conditions shall exclude nor limit our liability for:
7.2.1. Any personal injury or death arising by our negligence, or the negligence of its employees, agents or subcontractors (as applicable);
7.2.2. fraud or fraudulent misrepresentation;
7.2.3. breach of the terms implied by the Sale of Good and supply of services 1980; or
7.2.4. defective products under the Consumer Protection Act 2007.
7.3. Subject to clause 9.1:
7.3.1. we shall under no circumstances be liable to the customer, whether in contract, tort, inclusive of negligence, breach of statutory duty, or otherwise, for any:
7.3.1.1.Loss of goodwill;
7.3.1.2.Loss of sales, business or revenue;
7.3.1.3.Loss of corruption of data, information or software;
7.3.1.4.Loss of anticipated savings;
7.3.1.5.Loss of business opportunities7.3.1.6.loss of profit;
7.3.1.7.Labour costs associated with the refitting of wood floor products or any other Products that need to be reaffixed to property; or
7.3.1.8.Or any indirect or consequential loss, arising under or in connection with the Contract; and
7.3.2.9 The supplier’s total liability to the customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort, inclusive of negligence breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the products subject to the order to which the liability relates.
Below lie the grounds in which our contract with the customer may be suspended or even terminated. We have made all reasonable efforts to ensure that the grounds below cover as many circumstances as possible to protect both us and the customer. Accordingly, there may be extenuating circumstances in which the contract must be suspended or terminated, hence the suspension or termination is not limited to the grounds below. What constitutes an extenuating circumstance is at our judgement solely.
8.2. In the event the customer falls within the ambit of clause 8.2, we may terminate the Contract with immediate effect by giving written notice to the Customer at our earliest convenience.
8.3. For the purposes of clause 8.1, the relevant events are:
8.3.1. The customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of the companies Act 2014, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case as per the applicable legislation in the Irish jurisdiction, or (being a partnership) has any partner to whom any of the foregoing apply;
8.3.2. The customer commences negotiations with all or any class ofits creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the customer with one or more other companies or the solvent reconstruction of the customer;
8.3.3. (Being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the customer, other than for the sole purpose of a scheme for a solvent amalgamation of the customer with one or more other companies or the solvent reconstruction of the Customer;
8.3.4. (Being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the customer;
8.3.5. (Being a company) the holder of a qualifying floating charge over the customer’s assets has become entitled to appoint or has appointed an administrative receiver;
8.3.6. (Being an individual) the customer is the subject of a bankruptcy petition or order;
8.3.7. A creditor or encumbrancer of the customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
8.3.8. Any event occurs, or proceeding is taken, with respect to the customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in the above clauses
8.3.9. The Customer’s financial position deteriorates to such an extent that in the supplier’s opinion the customer’s capability to adequately fulfil its obligations under the contract has been placed in jeopardy; and
8.3.10.(Being an individual) the customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
8.4. Without restricting or limiting any appropriate remedies, we may suspend provision of the products under the contract or any other contract between the customer and the supplier if the customer becomes subject to any of the events listed above or we have reasonable grounds to believe that the customer is about to become subject to any of them, or if the customer fails to pay any amount due under this contract on the due date for payment.
8.5. On termination of the contract for any reason the customer shall immediately pay to us all of our outstanding unpaid invoices and interest.
8.6. Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
8.7. Clauses which expressly or by implication survive termination of the contract shall continue in full force and effect.
9.1 neither party to the contract shall be liable for any delay, impediment or failure in performing their contractual obligations to the extent that such failure is caused by an unforeseeable intervening event. This may be any event that is out of the control of either/both parties to the contract, which could not have been predicted nor avoided, including but not limited to strikes and similar industrial disputes, failure or infrastructures such as energy supplies or transport networks, acts of god, conflict, natural disasters, negligence of couriers and transporters whether be land air or sea etc. In any such event we are entitled to suspend or terminate the contract.
10.2. Assignment and other dealings.
10.2.1.We may at any stage assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract.
10.2.2.The customer is not entitled to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the contract without the prior written consent of the supplier.
10.3. Notices.
Any notice or other communication given to a party under or in connection with the contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or email.
10.3.1. Any communication or notice is rendered as received, if delivered personally when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the third business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business day after transmission provided that such email was sent to the correct email address of the intended recipient and not recalled, or a message of non- delivery received.
10.3.2.The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.4. Severance.
10.4.1.If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
10.4.2.If any provision or part-provision of this contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.5. Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
10.6. Variation. Except as set out in these conditions, no variation of the contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the supplier.
10.7. Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims), shall be governed by, and construed in accordance with the law of Republic of Ireland.
10.8. Jurisdiction. Each party irrevocably agrees that the courts of Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).
10.3 4 Waiver. A waiver of any right or remedy under the contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
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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.
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 The Hardwood Floor Company, 23 Spruce Avenue, Sandyford Business Estate, Blackrock, Co. Dublin.
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.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payments for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If The Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms & Conditions and other agreements; or to protect the rights, property, or safety of The Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
This website and its content is copyright of The Hardwood Floor Company © 2024. 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: info@thfc.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.
