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Terms of Service

These terms of service are the contract between you and Red Arrow, www.redarrow.ie (“us”, “we”, “Red Arrow”). By visiting or using Our Website, you agree to be bound by them.

Our registered office is at: Red Arrow, Paddock House, Bog Road, Tenure, Co. Louth, Ireland

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1.          Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you.

“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website” means any website of ours, and includes all web pages controlled by us.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2.          Interpretation

In this agreement unless the context otherwise requires:

2.1.        a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2.        these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3.        any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4.        any obligation of any person arising from this agreement may be performed by any other person;

2.5.        in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6.        a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.7.        these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

3.          Our contract with you

3.1.        This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2.        Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3.        If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4.        The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.5.        If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.6.        We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4.          Acceptance of your order

4.1.        Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. You will receive an order fulfilled notification by email when we dispatch the Goods to you; that is when our contract is made. The notification will also confirm the third party carrier tracking number for your shipment.

4.2.        At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.

4.3.        If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.3.1       accept the alternatives we offer;

4.3.2      cancel all or part of your order.

5.          Price and payment

5.1.        Prices displayed on our website exclude value added tax (“VAT”). VAT at the applicable rate will be applied at checkout. You will have the opportunity to review all costs before making payment.

5.2.        Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.

5.3.        Any information given by us to you during any form of communications (e.g. phone, email) in relation to exchange rates are approximate only and may vary from time to time.

5.4.        If, by mistake, we have under-priced Goods on our website or through another form of communication with you (e.g. phone, email), we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

5.5.        The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be calculated at checkout based on the weight of your final order. You will have the opportunity to review all costs before making payment.

5.6.        If we owe you money due to a cancelled order (or any other reason), we aim to credit your credit or debit card within 24 hours, but in any event no later than 14 days from the date when we accept that repayment is due.

6.          Security of your credit card

We take care to make Our Website safe for you to use.

6.1.        Card payments are not processed through pages controlled by us. We use a third party online payment service provider (Stripe) who will encrypt your card or bank account details in a secure environment.

7.          Cancellation and refunds

This paragraph only applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

7.1.       We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

7.2. The following rules apply to cancellation of your order:

7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel; you do not need to give a reason. You must also send the Goods back to us within that same 14 day period.

7.2.3      We will return your money subject to the following conditions:

7.2.3.1    We receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

7.2.3.2 You comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

7.3.        The option to cancel your order is not available:

7.3.1       If you purchase a customised product.

7.3.2      If any of the seals have been engaged.

7.3.3      Or the Goods cannot be re-sold for some other reason.

7.4.        You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

7.5.        In any of the above scenarios, we will return your money within 14 days.

8.          Liability for subsequent defects

8.1.        We will replace Goods which show a defect. If you claim that the item is defective, the following conditions apply:

8.1.1       the defect must be reported to us within 4 weeks of becoming apparent;

8.1.2      the defect results only from faulty design or manufacture;

8.1.3      you have returned the defective Goods to us if we have so requested.

8.2.        If we agree that we are liable, we will refund the cost of return carriage and will replace the Goods free of charge.

8.3.        If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

9.          Delivery & Collections

9.1.        Goods are delivered by a third party carrier; typically between 1 – 3 days from the day you place an order to purchase the Goods.

9.2.        Once your Goods have been dispatched you will receive an email notification that will contain the carrier information and tracking number.

9.3.        Due to the security nature of our Goods we do not facilitate collections. All Goods must be delivered to the address stipulated in your order.
We use a trusted third party carrier, who provides us with proof of delivery. To help protect against criminal activity we keep secure records of all security seals issued.

9.4.        For large orders it may be more cost efficient to choose a pallet delivery at the point of check out. It is your responsibility to ensure that you are able to facilitate a pallet delivery at the stipulated delivery address.

9.5.        You must ensure that someone is present to accept the delivery.

9.6.        Our third party carrier may give you a date and time for delivery, it is an estimate only and Red Arrow are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

9.7.        If we are not able to deliver your Goods within the stated timeframe on our website, we shall notify you by e-mail to arrange another date for delivery.

9.8.        We may deliver the Goods in instalments if they are not all available at the same time for delivery. We will inform you of this and you will not be liable for any additional shipping costs.

9.9.        When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

10.      Foreign taxes and duties

10.1.     If you are not in an EU (European Union) country, we have no knowledge of, and no responsibility for, the laws in your country.

10.2.     You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

11.      Goods returned

These provisions apply in the event you return any goods to us for any reason except as a result of your cancellation under the Regulations as a consumer.

11.1.     So far as possible, Goods should be returned:

11.1.1     with both Goods and all packaging as far as possible in their original condition;

11.1.2    securely wrapped;

11.1.3    at your risk and cost.

11.2.     You must tell us by email message to sales@redarrow.ie that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return.

11.3.     In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.

11.4.     If we agree that the Goods are faulty, we will:

11.4.1    refund the cost of return carriage;

11.4.2   replace the Goods.

12.      Disclaimers

12.1.     All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

12.2.     You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for the Goods concerned.

12.3.     We shall not be liable to you for any loss or expense which is:

12.3.1     indirect or consequential loss; or

12.3.2     economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable.

12.4.     This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

12.5.     Nothing in this agreement excludes liability for a party's fraud.

13.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

13.1.     modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

13.2.    link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

13.3.     download any part of Our Website, without our express written consent;

13.4.     collect or use any product listings, descriptions, or prices;

13.5.     collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

13.6.     aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

13.7.     share with a third party any login credentials to Our Website.

13.8.     Despite the above terms, we now grant a licence to you to:

13.8.1    create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

14.      Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

14.1.     your failure to comply with the law of any country;

14.2.     your breach of this agreement;

14.3.     any act, neglect or default by any agent, employee, licensee or customer of yours;

14.4.     a contractual claim arising from your use of the Goods;

14.5.     a breach of the intellectual property rights of any person.

15.      Intellectual Property

15.1.     We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

15.2.     Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

15.3.     You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

15.4.     Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

16.      Miscellaneous matters

16.1.     When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

16.2.     If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

16.3.     The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

16.4.     No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

16.5.     So far as the law applies, and unless otherwise stated, this agreement does not give any right to any third party.

16.6.     Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

16.7.     In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

16.8.     The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.

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