Terms & Conditions of Supply Goods

Agreed Terms

1.  ABOUT US  

1.1  Company details. (we and us), Cloverleaf Distribution Ltd is a company registered in Ireland and our registered office is at Distillery Buildings Lauragh IDA Co. Cork Ireland Our VAT number is IE 3602956DH. We operate the website www.cloverleafdistribution.com.

1.2  Contacting us. To contact us telephone our customer service team at +353 1 409 4158 or info@cloverleafdistribution.com. How to give us formal notice of any matter under the Contract is set out in Clause 13.2.

OUR CONTRACT WITH YOU  

1.3  Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

1.4  Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

1.5  Language. These Terms and the Contract are made only in the English language.

1.6  You should print a copy of these Terms or save them to your computer] for future reference.

2.  PLACING AN ORDER AND ITS ACCEPTANCE  

2.1  Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

2.2  Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

2.3  Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 2.4.

2.4  Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.5  If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged (although we predominantly operate ex works) as soon as possible. We reserve the right to reject all orders that do not pass our due diligence checks for the sale of nitrous oxide and cream charger sales.

3.  OUR GOODS  

3.1  The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

3.2  Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

3.3  The packaging of your Goods may vary from that shown on images on our site.

3.4  We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

4.  RETURN AND REFUND  

4.1  You may not terminate a contract if you have received the products. If you want to terminate a contract before you have received the products, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not yet sent but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

4.2  If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send them back, with our authorised carrier and reserve the right to charge for any costs incurred.

4.3 Consumer rights are not affected by this clause albeit we predominantly only contract on a business to business basis with wholesalers and commercial entities.

5.  DELIVERY, TRANSFER OF RISK AND TITLE  

5.1  Delivery is complete once the Goods have been collected by you or a carrier organised by you or an authorised carrier we use to collect them from us and the Goods will be at your risk from that time as we operate predominantly on an ex works basis.

5.2  You own the Goods once we have received payment in full, including of all applicable delivery charges if applicable.

6.  INTERNATIONAL DELIVERY  

6.1  We deliver to the countries listed on this page from time to time but mainly the UK and domestic Ireland. (International Delivery Destinations). However, there are restrictions on some Goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods.

6.2  If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

6.3  You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

6.4  You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

7.  PRICE OF GOODS AND DELIVERY CHARGES  

7.1  The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 7.5 for what happens if we discover an error in the price of Goods you ordered.

7.2  Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3  The price of Goods will stipulate whether it includes or excludes VAT (where applicable) at the applicable current rate chargeable in the UK or Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

7.4  The price of the Goods does not include delivery charges.

7.5  We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

8.  HOW TO PAY  

8.1  You can only pay for Goods using a debit card or credit card.

8.2  Payment for the Goods and all applicable delivery charges is in advance and upon providing us with details of the card and submitting the Order you confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the card and authorise us to deduct from the account the full price of the Goods and all other payments which may become due to us under the Contract.

9.  OUR WARRANTY FOR THE GOODS 

9.1  The Goods are intended for use only in the UK or domestic Ireland. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK or Ireland and it is your responsibility to ensure that they do.

9.2  We provide a warranty that on delivery the Goods shall:

(a)  conform with their description;

(b)  be free from material defects in design, material and workmanship;

(c)  be of satisfactory quality

9.3  Subject to Clause 9.4, if

(a)  you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 9.2;

(b)  we are given a reasonable opportunity of examining the Goods; and

(c)  if we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

9.4  We will not be liable for breach of the warranty set out in Clause 9.2 if:

(a)  you make any further use of the Goods after giving notice to us under Clause 9.3;

(b)  the defect arises as a result of us following any drawing, design or specification supplied by you;

(c)  you alter or repair the Goods without our written consent;

(d)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(e)  the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

9.5  We will only be liable to you for the Goods’ failure to comply with the warranty set out in Clause 9.2 to the extent set out in this Clause 9.

9.6  The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and any equivalent legislation in your country are, to the fullest extent permitted by law, excluded from the Contract.

9.7  These Terms also apply to any repaired or replacement Goods supplied by us to you.

10. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 

10.1  Nothing in these Terms limits or excludes our liability for:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or equivalent (title and quiet possession); or

(d)  any other liability that cannot be limited or excluded by law.

10.2  Subject to Clause 10.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)  any loss of profits, sales, business, or revenue;

(b)  loss or corruption of data, information or software;

(c)  loss of business opportunity;

(d)  loss of anticipated savings;

(e)  loss of goodwill; or

(f)  any indirect or consequential loss.

10.3  Subject to Clause 10.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods.

10.4  Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

11.  TERMINATION  

11.1  Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a)  you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;

(b)  you fail to pay any amount due under the Contract on the due date for payment;

(c)  you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(d)  you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e)  your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

11.2  Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

11.3  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

12. EVENTS OUTSIDE OUR CONTROL  

12.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

12.2  If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

12.3  You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.

13. COMMUNICATIONS BETWEEN US  

13.1  When we refer to “in writing” in these Terms, this includes email

13.2  Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

13.2  A notice or other communication is deemed to have been received:

(a)  if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address:

(b)  if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)  if sent by email, at 9.00 am the next working day after transmission.

13.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

13.4  The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14. GENERAL  

14.1  ASSIGNMENT AND TRANSFER.  

(a)  We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.

(b)  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

14.2  Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

14.3  Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

14.4  Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5  Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

14.6  Governing law and jurisdiction.This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.