|Terms and Conditions
Use of this Website - Terms & Conditions
Our Terms and Conditions of Sale follow:
- Electromaster ("Electromaster Limited") its employees, contractors and agents have exercised considerable care in the design, production and presentation of this Website ("the Site") and in the inclusion and provision of the information on it. However Electromaster Limited makes no representation or warranty as to the accuracy or completeness of such information and to the maximum extent permitted by law hereby excludes and disclaims all terms, conditions and warranties express or implied statutory or otherwise, collateral or otherwise as to the accuracy or completeness of such information.
- In particular, the Site may not at all times include up to date information or may contain occasional errors or inaccuracies. Electromaster Limited endeavours to ensure that such deficiencies are minimised and as such, Electromaster Limited cannot be responsible for inaccuracies, errors, omissions or misleading information contained in the Site.
- You should note that Electromaster Limited may close or terminate the Site or any part of the Site at any time without providing any notice and may also amend or correct any content on the Site without such notice.
- No liability of whatsoever kind or nature shall attach to Electromaster Limited for any loss or damage including any consequential loss or damage arising from the inclusion or provision of any information or data or material contained in the Site or the use thereof or in any way arising in connection with the Site.
- Without prejudice to any of the foregoing clauses no liability shall attach to Electromaster Limited for any information or material placed on or linked to the Site by any party without authorisation.
- This Site has been developed and designed for access by residents of the Irish Republic. These terms and conditions shall be construed and enforced in accordance with Irish law.
- Without prejudice to any of the foregoing clauses Electromaster Limited confirms for the avoidance of doubt that it has no liability in respect of the material or content of any other website which may be linked to the Site but is not under the control of Electromaster Limited. The inclusion of any link to such sites does not imply endorsement sponsorship or recommendation by Electromaster Limited of the websites and Electromaster Limited disclaims any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites.
- No terms shall govern the relationship between you and Electromaster Limited save the terms set out on the Site.
- If the terms and conditions herein or any provision of any of the terms or conditions are found to be invalid or unenforceable or void by virtue of any Court or other competent authority then such invalidity, voidness or unenforceability shall not affect the validity of any other term condition or provision thereof. In the event of any such finding the term found to be void, invalid or unenforceable shall be replaced by a term which is as nearly as possible achieves the same commercial objective as the original term but is within the law.
- Due to the open nature of the Site and the potential for errors in the storage and transmission of digital information, Electromaster Limited does not warrant the accuracy and security of information transmitted to or obtained from the Site unless otherwise expressly set out in the Site.
- All materials posted on the Site are provided “as is” and without express warranties, implied or otherwise howsoever arising.
- To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, Electromaster Limited disclaims all warranties including without limitation any warranty of merchantability or fitness for a particular purpose.
- The information and detail set out in this site do not constitute an offer for sale but rather an invitation to treat. An offer to purchase any product shall be deemed to be made by you when you submit the order to Electromaster Limited - by clicking the submit button on the Buy Now page. Any such offer shall be deemed to be made exclusively on the terms and conditions of Electromaster Limited which can be accessed by clicking on the terms and conditions of Sale link at the top of this page. No offer shall be accepted or be deemed to be accepted unless and until Electromaster Limited communicates acceptance to you or delivers the product at the place of delivery whichever is the earlier. Once an offer has been accepted it shall be irrevocable to the same extent as an order placed by non-online means. To the maximum extent permitted by law all statutory or other legal requirements as to the formation regulation and performance of contracts by electronic means are waived.
- All intellectual property rights owned by Electromaster Limited relating to content on this website are protected and remain the sole property of Electromaster Limited.
- Links from other sites to this site are welcome, but must be notified to and approved by Electromaster Limited in advance.
- Customers using the site shall take all reasonable steps to ensure that the passwords used to gain access to the protected areas of the site are only given to nominated individuals within their organisations and that the passwords shall be kept confidential by those individuals and not passed on to other non-authorised individuals. Customers using the site shall be responsible for orders placed using the passwords assigned to their organisation. Electromaster Limited shall not be liable for any misuse of the customer’s password.
1.1 In these Conditions of Sale: “The Company” means Electromaster Limited “The Buyer” means the person, the firm or the company ordering or buying goods from the Company. “The Goods” means the goods the subject matter of the relevant order or contract of sale.
1.2 No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer’s order has been accepted by the Company. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance is effected by a formal order acknowledgement and shall be deemed to be a fresh offer by the Company on the basis of these Conditions, in which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company's offer, and the contract of sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of these conditions except insofar as the conditions are expressly consented to in writing by the Company.
1.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.4 No representation, claim, drawings, illustrations, specification or price given in any advertising or promotional literature of the Company shall form part of the contract unless specifically stated in the accepted order or specification for or of the Goods.
1.5 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or EU requirements or, where the goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
2.1 A central pillar of the Company’s business model is the provision of a comprehensive suite of online services for customers. The objective of these services is to make working with the Company easier, quicker and more efficient for customers and vendors alike. The system provides customers with online ordering, product search, details of new products and reseller promotions. To register as a new or existing customer please visit www.electromaster.ie/register
2.2 A team of customer services representatives is available to help you with any queries you may have concerning the above procedures.
While the Company tries to ensure that all prices on the website are accurate, errors may occur. If the Company discovers an error in the price of goods the Buyer has ordered, the Company will inform the Buyer as soon as possible and give the Buyer the option of reconfirming the order at the correct price or cancelling it. If the Company is unable to contact the Buyer, the order will be treated as cancelled and if the Buyer has already paid for the Goods the Buyer will receive a full refund.
3.1 The provision or display of pricing and other information relating to the goods by the Company to the Buyer does not amount to an offer by the Company to sell the Goods at that price or on any other terms. Supply of such information is only an invitation to treat. An order by the Buyer for the Goods shall be the offer.
3.2 Unless otherwise specified prices payable for the Goods are exclusive of delivery charges, insurance costs, packaging costs or other special handling charges.
3.3 All orders received by the Company are subject to delivery charge for each customer order received. Unless otherwise stated the Company shall enter into a contract for delivery of the order to the address of the Buyer.
3.4 All quotes issued by the Company are valid for 3 working days subject to constant currency from the date of issue and must be reconfirmed if ordering after this period. The prices for the Goods shall be those ruling at the date of despatch and the Company reserves the right to amend its quoted prices at any time prior to that date.
3.5 All prices are exclusive of VAT and similar taxes. All such taxes will be levied on you at the time of invoice.
3.6 Where Goods are being price supported in any way, the final invoice price can only be confirmed once all conditions attached to that support have been met. Where Goods sold are price supported by a manufacturer in favour of an end-user customer or have other specific conditions attached, the Buyer must ensure that the Goods are issued at the agreed conditions specific to that support. The Buyer must be able to confirm that all conditions have been met, including confirming the end-user sale by providing, when requested by the Company, the end-user invoice, the end-user purchase order or any other relevant supporting documentation requested. The Buyer agrees that the manufacturer or the Company may audit the Buyers compliance with these conditions. Should a manufacturer not honour a price support for whatever reason, the Company will not for any reason whatsoever be liable and will re-invoice the unsupported amount to the Buyer which will become immediately due. For any further clarification required please refer to the relevant brand manager.
4.1 No order (including backorders) which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Company as a result of the cancellation. Without limiting its rights under this condition in any way, the Company reserves the right to charge the buyer a cancellation/restocking fee of 25% of the price of the goods or services should the buyer cancel the order without prior agreement of the Company.
5.1 Unless otherwise specified the price quoted is packed ex-our warehouse. An extra amount will be levied to cover delivery and insurance costs. An additional delivery charge may be made to cover any extra costs involved for delivery to an address, which is different to the Buyer’s normal delivery address.
5.2 Should expedited delivery be agreed an extra amount may be charged to cover any extra overtime or any other additional costs involved.
5.3 Should work be suspended at the request of or delayed through any default of the Buyer for a period of 30 days or more, the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional cost including storage.
5.4 Any date or time quoted for despatch is to be treated as an estimate only. Despatch may be postponed or delayed due to conditions beyond the Company’s reasonable control, and in no event shall the Company be liable for any damages or penalties for delay in despatch or delivery.
5.5 The Company may deliver your order in instalments; each instalment will be treated as a separate delivery.
In the event of the Buyer purchasing the Goods by description the provisions of Section 13 of the Sale of Goods Act, 1893 (which implies the term that the Goods shall correspond with their description) shall not apply to the contract between the Company and the Buyer.
The Company makes and gives no warranty condition or representation in regard to the Goods save as herein expressly stated and it shall not be a condition of the contract of sale that the Goods supplied hereunder are fit for the purpose for which the Buyer wants them, whether or not this purpose has been made known to the Company and/or are of merchantable quality. The Buyer accepts that prior to agreeing to purchase the Goods hereunder he has satisfied himself as to their fitness for his purpose and as to their merchantable quality in regard to the use for which he requires them and has not relied upon the Company’s skill, judgment or representations, if any, before so satisfying himself.
Credit Policy And Payment Information
7.1 Invoices are raised and dated on the date of despatch of the goods. Provided a credit account has been approved and unless otherwise specifically agreed, all invoices are payable, in full without any offset or deduction, within 30 days date of invoice.
7.2 If credit terms have not been agreed by the Company, payment must be made in full at the time of placing the order for the Goods.
7.3 All invoices are posted to the Buyer’s normal trading address. Statements are also available at any time from Electromaster.
7.4 The Buyer must inform the Company within 5 working days from the invoice date of any discrepancies or errors on an invoice. If the Buyer does not, the Company will assume that the Buyer accepts all information noted on the Company’s invoice.
7.5 The Company reserves the right to remove credit facilities and stop supplying Goods at any time.
7.6 For online payments the Company accepts most major Visa and MasterCard credit and debit cards. No card details are recorded or held by us. Payments are processed by Realex Payments who are certified and approved by several leading financial institutions. Their systems and security controls are based on current industry standards, with several layers of technology in place to ensure the confidentiality, authentication and integrity of information. Please note Realex has no involvement with the fulfilment of orders placed through this web site, in the event of any query please don't hesitate to contact Electromaster directly.
7.7 If any cheque presented in payment of an invoice or account by a Buyer is returned for whatever reason or if an agreed standing order or direct debit arrangement fails to operate there will be a charge of €50.00 debited to the Buyer’s account.
7.8 Interest shall be payable on overdue accounts at the rate of EURIBOR +5% and will be accrued on a daily basis until such time as the account is settled..
8.1 All work carried out additional to that specified in the relevant quotation or order, whether experimentally or otherwise, shall be charged.
Retention Of Title
9.1 Notwithstanding delivery and the passing of risk, the property in the Goods shall remain in the Company, until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into, incorporated in, used as materials for or mixed with other goods or materials prior to such payment, the property (but not the risk) in the whole of such goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as specified in this Condition. Until such payment is made the Buyer shall possess all goods and material the property in which is vested in the Company by virtue of this Condition on a fiduciary basis only and if the Company so requires the buyers shall store such goods and materials at no extra cost to the Company so that they are clearly identified as belonging the Company. The Company without prejudice to any of its other rights and remedies may recover and resell any or all of such Goods or materials and may enter upon the Buyers premises for that purpose. The Buyer has the right to sell for the account of the Company any Goods or materials the properties in which vested in the Company by virtue of this Condition. In such event the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceeds of such sale to the extent that the Buyer owes any monies to the Company. In addition, the Company shall be entitled to make a claim directly against the Buyer’s customer for any purchase monies unpaid by the customer and the Company shall be entitled to retain from any monies recovered from the customer all monies due to the Company from the Buyer plus all costs and expenses involved in making the claim. If there is any excess the Company will return this to the Buyer. The authority hereby granted to the Buyer to pass property in the goods or materials shall not extend to any sale of the goods or materials in the course of a sale of the entire or substantially the entire of the Buyer’s business or undertaking pursuant to a sale of the Buyer’s stock-in-trade preparatory to a cessation of the Buyer of business or of trade in goods similar to the Goods.
9.2 On the happening of any of the following events the authority of the Buyer to sell the Goods shall terminate immediately and all the Goods, the property of the Company, shall be immediately delivered to the Company:-
(a) any notice to the Buyer or the Company that a receiver, manager, administrator, administrative receiver or similar officer of or over the business or any part of the business of the Buyer is to be or has been appointed;
(b) any notice to the Buyer or the Company that a petition to wind-up the Buyer is to be or has been presented or any notice of a resolution to wind up the Buyer (other than for the purposes of a bona fide reconstruction or amalgamation on terms previously approved in writing by the Company);
(c) any decision by the Buyer that the Buyer intends to make an arrangement with its creditors;
(d) the insolvency of the Buyer within the meaning of Section 62(3) of the Sale of Goods Act, 1893 (as amended); and
(e) any notice to the Buyer or the Company of the appointment of an examiner to the Buyer under the provisions of the Companies (Amendment) Act, 1990 (as amended).
Property And Risk
10.1 Notwithstanding the preceding Condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.
10.2 The Buyer’s property and all property supplied to the Company by or on behalf of the Buyer shall, while it is in possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyer's risk and the Buyer shall insure accordingly.
10.3 The Company shall be entitled to make a reasonable charge for the storage of any of the Buyers property left with the Company before receipt of the order notification to the Buyer on completion of the work.
11.1 The Company may on occasion run promotions either on its own behalf, for other parties or in conjunction with commercial partners. Any tax liabilities which arise as a result of these promotions lies directly with the recipient not with the Company, and where applicable the onus is on the recipient to declare these benefits to the tax office.
11.2 All undertakings relating to the company and its staff shall be entered into on the basis that they are in compliance with tax regulations pertaining to the Republic of Ireland. Any undertaking, including but not limited to, promotions and incentive activities, which do not comply with the relevant tax regulations shall be rejected by the Company and shall be deemed to have been null and void from inception. Any incentive offered to staff of the Company without the prior written approval of the Company shall be deemed voidable by the Company.
Loss Or Damage In Transit Or Non Delivery
12.1 The Buyer shall examine the Goods immediately they are delivered to him. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery of the Goods, or in the case of non-delivery, 5 working days after the due date for delivery.
13.1 Whilst the Company will endeavour to deliver the Goods in accordance with the Buyer's requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
14.1 The Company’s liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and the Company shall not in any circumstances be under any liability to the Buyer in respect of : -
(a) any indirect or consequential loss or damage, sustained by the Buyer howsoever caused; or (b) any economic losses (including, without limitation, loss or revenues, profits, contracts, business or anticipated savings); or
(c) any expenditure incurred by the Buyer in respect of Goods alleged to be defective; or
(d) any Goods which have been processed in any way by the Buyer or damaged after the risk in the Goods has passed to the Buyer; or
(e) any liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval; or
(f) any liability under any warranty, condition or guarantee (whether express or implied) if the total price for the Goods has not been paid by the due date for payment; or
(g) any loss of goodwill or reputation; provided, always that these Conditions do not exclude or restrict the Company's liability for death or personal injury from its negligence.
15.1 For customers with web only accounts, returns can only be made where there is a material difference between the product ordered and the product received. All communication must be submitted via email only to email@example.com
15.2 The Company’s policy on returns for all accounts other than web-only accounts is governed by separate terms and conditions available here.
16.1 The Buyer warrants that he is not a consumer within the meaning of the Sale of Goods and Supply of Services Act, 1980 or otherwise.
Intellectual Property Rights
17.1 The Buyer shall be responsible for any infringement with regard to patent, utility, model, trademark, design, copyright or other intellectual property right in any country without exception when such infringement is due to the Company having followed the design or instruction furnished by the Buyer. The Buyer shall be liable for and indemnify the Company against all loss, damages and expenses suffered or incurred by the Company as a result of any such infringement. In case any dispute and/or claim arises in connection with the above infringement, the Company reserves every and all rights to cancel and make null and void the contract at its discretion and hold the Buyer responsible for any loss caused thereby to the Company. Nothing herein contained shall be construed as transferring any patent, utility model, trademark, design or copyright in the Goods or in any product that the Goods can produce and all such rights are to be expressly reserved to the true and lawful owners thereof
18.1 The Buyer shall not resell outside Ireland any of the Products and will not resell such goods within Ireland to a purchaser knowing (or being given reasonable grounds to suspect by the purchaser) that the purchaser intends to export such goods without first obtaining such licences as may be required or a copy of such licences obtained by the purchaser.
19.1 The Company reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the Company and the Company shall not be held liable for any breach of contract resulting from such events.
20.1 The Company may withhold or cancel further or any deliveries under the contract of sale or may recover all losses resulting therefrom if any of the events set out at Condition 9.2 occurs or if the Buyer: - (a) fails to make payment on the due date under any contract with the Company; or (b) is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under Condition 9.2 shall be without prejudice to the Company's other rights of remedies.
21.1 These Conditions of Sale shall be construed in accordance with Irish Law.
22.1 If any provision of these Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
23.1 The Company may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. The Buyer may not assign or transfer any of its obligations.
24.1 Any notice required to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant times have been notified pursuant to this provision to the party giving notice.Prices subject to change due to exchange rate fluctuation. Price applicable will be the price at time of ordering.
25.1 Our Commitment to Privacy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully
We collect information about you for 2 reasons:
firstly, to process your order and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us your consent.
We will give you the chance to refuse any marketing email from us in the future.
The type of information we will collect about you includes:
When orders are placed via our web sites we do not store your credit card details, they are handled directly and securely by our payment service provider – Realex. When you shop with us you can be assured that your card details are securely encrypted during transport over the Internet so no one can read your card information.
We will never collect sensitive information about you without your explicit consent.
The information we hold will be, to the best of our ability, accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by clicking on a response box when you receive such an offer or by sending us an email.
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
We cannot foresee circumstances why we would transfer your information outside the EEA (European Economic Area) but if we came across those circumstances we would always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening.
If you have any questions/comments about privacy, please email us at firstname.lastname@example.org