TERMS OF BUSINESS. (Our Terms & Conditions for usage of www.avocahandweavers.com are below)
PLEASE TAKE TIME TO READ OUR TERMS OF BUSINESS AND PRINT OUT A HARD COPY FOR YOUR RECORDS. ALTERNATIVELY, PLEASE CONTACT US AT SALES@AVOCA.IE AND WE WILL HAPPILY FORWARD YOU A COPY.
AVOCA HANDWEAVERS DESIGNS LIMITED: GENERAL TERMS OF SALE AND DELIVERY
1. Contents of Contract
Orders must be assorted within the period agreed upon in this confirmation of this Sales Order Contract. Should buyer’s collection be delayed the price agreed may be increased in case an increase of our list prices has taken place since the date of original order. Also in case of delayed collection we reserve the right to refix date of delivery. We reserve the right to cancel any order for any reason whatsoever. If the number of orders for any pattern or colour is not sufficient we shall be exempted from the obligation to deliver such pattern or colour.
The terms of delivery specified in the sales contract are approximate and always refer to the time of shipment as ex-factory and not to the date of arrival. Part shipments are permitted unless otherwise expressly agreed upon. The goods travel at the expense and risk of the buyer unless otherwise stipulated. Excess or short deliveries up to 10% of the quantity ordered are permissible.
3. Claims of quality
Claims will be considered only if the buyer sends us written notification within two weeks after receipt of the goods as far as patent defects are concerned. Complaints for latent defects must be lodged within two weeks after their first appearance or at the latest 2 months after delivery of the goods. Claims cannot be granted if the goods have undergone further processing. Variations in quality, colour, width and finish, weight or design which are customary in trade or technically inevitable do not entitle the buyer to any claim. Well founded claims entitle the buyer only to demand a retreatment of the goods or a perfect replacement. The buyer cannot claim any compensation. Goods must not be sent back without our written consent. We reserve variations of up to 5% in sizing and length.
In case of non-fulfilment of the conditions of payment agreed to by the purchaser, we shall be entitled either to withdraw from the contract or to withhold shipment of goods stipulated under all, or any, contracts remaining unfulfilled, wholly or in part, at that time. From the due date of the invoice amount we are entitled to charge interest as in 3 below. The buyer is not entitled to sell off any claims against unsettled invoices covering our deliveries or to retain payment against these invoices.
5. Reservation of Title
We reserve the right of ownership for all goods supplied, until full payment of our account –even for the settlement of invoices for former deliveries. If the law of another country does not permit this reservation of title, but entitles the seller to reserve other rights for the goods supplied, we can claim for all these rights. The buyer is obliged to take every conceivable measure for the protection of our property or other rights we reserve for the goods.
6. Wicklow is agreed upon as the place of fulfilment for all performances of the contract..
For any legal dispute resulting from this contract the competent court shall be at our option, that of the domicile of the purchaser or the appropriate court in Ireland. For this purpose the buyer acknowledges that the Irish Courts do have jurisdiction over this content.
8. Applicable Law.
The rules of Irish Law shall be applicable. In case of exports, if there are any doubts about the interpretation of certain terms of contract, the International Rules for the interpretation of Trade Terms (Incoterms 1953) are competent.
9. Title of Goods.
The Purchaser is dealing with Avoca Handweavers Limited in all respects in relation to this order.
That in the event of delivery being made in accordance with this contract to the buyer and the buyer refuses to accept delivery,this shall be treated as a breach of contract by the buyer. Upon receipt of the non-accepted goods we will be entitled to claim the full value of the goods as per the invoices in relation to same and we shall endeavour to resell the goods and any proceeds after deduction of our expens- es in relation to resale will be made to the buyer. No payment whatsoever will be made to the buyer until they buyer has discharged the full cost of the goods as per our relevant invoices.
11. Cancellation of Order.
A cancellation fee of 25% of the order value will be payable by the buyer in the event of cancellation of this order by the buyer where a period of more than 14 days has elapsed from the Order Date. The company may cancel this order at any time where the buyer does not comply with the General Terms and conditions of Payment in the operation of their account with the company.
AVOCA HANDWEAVERS DESIGNS LIMITED: GENERAL TERMS AND CONDITIONS OF PAYMENT
1. General Terms of Trade and Delivery
Orders are placed and accepted in accordance with the General Terms of Sale and Delivery as above.
2. Payment Terms
The terms of payment of Avoca Handweavers Designs Limited are:
3% 7 days
2% 20 days
Net 30 days
The Company may require a customer to submit pro-forma and/or post date payments and/or payment by credit card in certain circumstances.
3. Collection of Accounts
An invoice will be considered overdue unless payment is received by Avoca Handweavers Designs Limited within 30 days of the date of the invoice. Interest at the rate of 1% per month will be charged on all overdue balances. Should the account remain unpaid after 60 days it may be passed to the Company’s collection agents. In this event, collection charges of 7.5% will be payable together with legal costs incurred.
4. Personal Guarantee
I/We confirm my/our acceptance that in consideration of the Company agreeing to supply us with goods on credit, I/we accept to be personally responsible for paying for all amounts due to Avoca Handweavers Designs Limited
5. Acceptance of Terms of Trade and Conditions of Payment
I/We acknowledge that I/we have read, understand and agree to be bound by these Terms. I/we accept that we have received a copy of this form outlining the Terms of dealing with Avoca Handweavers Designs Limited.
TERMS & CONDITIONS for usage of www.avocahandweavers.com
1. Access to www.avocahandweavers.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
2. Licence for website access
Avocahandweavers.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Avocahandweavers.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
3. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Avocahandweavers.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
4. Our contract
When you place an order to purchase a product from Avocahandweavers.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send this Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
5. Pricing and Availability
We try to list availability information for products sold by us on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. Despite our best efforts, a small number of products on our website may be incorrectly priced in error. Rest assured, however, that we try to verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
When ordering goods from Avocahandweavers.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Avocahandweavers.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
7. Electronic communications
8. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
11. Our details:
Avoca Distribution Centre
Tel: +353 1 274 6902
VAT No: IE 6587006Q