Terms & Conditions
Welcome to the O’Tooles Tools website (the “Website”) terms and conditions of use (the “Terms”). These Terms apply to the use or access of this Website whether as a registered user or as a visitor. By using the Website you (the “user” or “you”) agree to be bound by the Terms set out below. If you do not agree to be bound by these Terms you should not use the Website. The prices and availability of the goods, services and promotions advertised on the Website are all subject to change and availability from time to time.
The Website is for use by people who are 18 years and over only. Please do not use the Website if you are under 18 years old.
If you have any question relating to these terms and conditions before you place an order, please contact our Customer Care Team by email: [email protected] or call us on 091564003 between 9 am to 6.00 pm (GMT) Monday to Friday. Our offices are closed on Sundays and all Irish Public Holidays.
Who we are
The Website is operated by O’Tooles Tools with registered office address at 5 Rosemary Avenue, Eyre Square, Galway, Ireland.
Other Policies/terms which apply to the use of the Website
Please note that by agreeing to these Terms you shall be deemed also to have read, understood and agreed to the following policies which also apply to your use of the Website:
After placing an order, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Products have been dispatched (the "Dispatch Confirmation"). The contract between you and J. O’Toole & Sons (the "Contract") will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
Price of Goods
The price listed on the Website (the “Price”) for O’Tooles Tools products (the "Products") will be as stipulated at the time when you place your order on the Website. The website displays a price inclusive of VAT. Delivery costs, if applicable will be added to the Price and will be added to the Price. (See our Delivery and Returns Policy). We are entitled to make adjustments to the Price from time to time to take account of any increase in our supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website is wrong. We are also entitled to make adjustments to the Price of Products during sale time and introduce promotions on Products without notice.
We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the Price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
Payment may be made by the methods indicated on the Website and monies will be debited at the point of Order Confirmation.
We will try to deliver the Products to you within the lead-time shown for each Product at the time of purchase, to your stated delivery address, where this is practical. However, Products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 14 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any money paid by you for those Products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those Products. At the time of delivery, you will be required to validly sign-off on the delivery of the Products, after which time the Products become your sole responsibility. (See our Delivery and Returns Policy).
Risk and Ownership
Any Products ordered will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Cooling Off Period: Your right to Cancel
If you are contracting as a consumer when you purchase products online, you have a statutory right to cancel your Contract and return a Product up to 14 working days after the Product has been delivered, as per the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of:
- Personalised or bespoke Products;
- Sealed products not suitable for return for health protection and hygiene reasons which have been unsealed; and
- Products which are inseparably mixed with other items after their delivery.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your Contract is for the regular delivery of a Product over a set period..
The end date is 14 days after the day on which you receive the first delivery of the Products
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on the Website. If you use this method we will e-mail you to confirm we have received your cancellation.
If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated in the Delivery and Returns Policy.
We will refund you on the credit card or debit card used by you to pay. If you paid for the Product via Paypal we will refund the Paypal account used for the purchase. If you exercise your right to cancel in accordance with this clause, you will be responsible for paying the direct cost of returning the Product to us.
For further information see our Delivery and Returns Policy.
9. General Refund/Returns Policy
If any Product is damaged or faulty upon receipt/delivery or in the unlikely event that you received the wrong product please contact us and we will arrange a replacement or refund in accordance with our Delivery and Returns Policy.
10. Product Description
All descriptive matter, drawings, images, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products. All measurements are approximate.
11. Liability and Disclaimers
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied (including without limitation, the accuracy, completeness or merchantability, quality or fitness for any particular purpose). We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights. Our liability in connection with any product is strictly limited to the purchase price of that product. Nothing in this paragraph will affect your statutory rights as a consumer, or your contract cancellation rights.
12. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including but not limited to any force majeure incident.
14. Website Conduct
You agree to abide by all applicable laws and regulations. All information, designs, drawings and other specifications provided on the Website are the exclusive property of J. O’Toole & Sons. Any copying, transmission or re-transmission of the same requires the prior written approval of J. O’Toole & Sons.
15. Change of Terms
We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom to the maximum extent permitted by applicable law.
17. Use & Security
You are entirely responsible for any and all activities that occur under your use of the Website, together with your account. You agree to notify us immediately of any unauthorised use or any other breach of security.
If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance. A qualified expert should be used where appropriate.
19. Third-party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, if you choose to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
These Terms and any matter connected with any order placed through the Website shall be construed in accordance with the laws of Ireland and you agree to submit to the exclusive jurisdiction of the Irish Courts in respect of same.
We may terminate the Website with or without cause at any time and the same will be effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these Terms.