(1) Introduction
Please read these terms of sale carefully.
By placing an order on our web site or verbally, it is understood that you are agreeing to these terms of sale.
(2) Interpretation
In these terms of sale, “we” means Irish Business Resources trading as NoBirdsHere.com (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will either complete an order and pay for it on the web site, or agree to a quotation we may have submitted to you, or verbally place an order with us over the telephone.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
(4) The products
The products are those shown on our web site at the time of placing an order or those offered by way of a verbal or written quotation.
It is the buyer’s responsibility to ensure that in the installation of these products, they conform to all applicable legislation in force.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will advise you of any inaccuracies before proceeding at which point you will have the option of cancelling the order with no penalty attached.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated, at the latest, at the point of check out.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
If the delivery address you supply is incorrect and the carriers make an extra charge to us for redelivery, you will pay this extra charge forthwith.
(8) Ownership
Title to these good remains ours until such time as payment is made in full
(9) Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section [12].
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation and wait for return instructions.
In addition you must return the goods to us in an unopened and unused condition.
(This condition does not apply if the goods have been specifically produced to your requirements e.g. nets cut to your size. In this case no return is possible unles it can be shown that we made an error or the goods were defective.)
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we will pass that expense on to you.
(10) Consumers: statutory rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
(11) Business customers: limitation of warranties
This Section applies only to business customers, not consumers.
We warrant to business customers that the products purchased from our website will:
(a) conform in all material respects to any applicable specification of such products; and
(b) be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.
(12) Business customers: returns policy
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section [9].
Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
This condition does not apply if the goods have been specifically produced to your requirements e.g. nets cut to your size. In this case no return is possible unles it can be shown that we made an error or the goods were defective
(13) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(14) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
(15) Consequences of cancellation
Upon the cancellation of a contract in accordance with Section [17]:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(16) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.