These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. By proceeding to place an order through this website you agree to be bound by these Terms and the other documents expressly referred to in these Terms. If you refuse to accept these Terms, you should not place an order for any Products through this website.
You should print a copy of these Terms or save them to your computer for future reference.
2. Amendment of Terms
We amend these Terms from time to time as set out in clause 10. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in May 2013.
3. Who we are
Foran Healthcare Limited (“we” or “us”) owns and operates this website. We are registered in Ireland as a limited liability company under company number 52655 and we have our registered office at 2 Cherry Orchard Industrial Estate, Ballyfermot, Dublin 10, Ireland. Our VAT number is IE8256903S.
4.1 The images of the Products on our website 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 Products. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on our website.
4.3 All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made (Please see clause 9.4 below).
5. Use of our Website
6. How we use your Personal Information
We only use your personal information in accordance our Privacy Statement and Cookies Policy. Please take the time to read these notices, as they include important terms which apply to you.
7. If you are a Consumer
7.1 If you are a consumer, you may only purchase Products from our website if you are at least 18 years old. If you are under the age of 18 years please arrange for your parent or guardian to enter the Contract and agree to these Terms.
7.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Information Centre or National Consumer Agency. Nothing in these Terms will affect these legal rights.
8. If you are a Business Customer
8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products.
9. How the Contract is formed between you and us
9.1 For the steps you need to take to place on order on our website, please see our Payments page.
9.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
9.3 After you place an order, we will confirm our acceptance of your order by sending you an e-mail that confirms the details of your order, provides you with an order number and (for consumers) provides details of your right to cancel your order (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
9.4 If we are unable to supply you with a Product, for example because the Product is not in stock or is no longer available or because of an error in the price on our website as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order for that Product. If such a Product was part of an order including other Products we will hold the available Products until one of the following events occurs in respect of the outstanding Product:
(a) the outstanding Product becomes available. In which case, we will complete your order;
(b) We may offer you an alternative Product, which may or may not be the same price as the outstanding Product, which you may or may not choose to accept. Any price difference will be paid by you if the alternative Product is more expensive. If the alternative Product is less expensive, you will pay the price of the alternative Product, and we will refund any overpayment as appropriate. If you reject the alternative Product, we will refund any sums paid to us for the outstanding Product;
(c) We may deal with an error in the price of the Product as set in clause 14.5; or
(d) You may cancel all or part of your order. In which case we will refund any sums paid to us in respect of the cancelled order.
10. Our Right to Vary these Terms
10.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) changes in how we operate this website; and
(d) [other circumstances].
10.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
10.3 Whenever we revise these Terms in accordance with this clause 10, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
11. Your Consumer Right of Return and Refund
11.1 If you are a consumer resident in the EU, you have a legal right to cancel a Contract under the E.C. (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001 (the “Regulations”) during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under the Regulations is available from your local Citizens’ Information Centre or National Consumer Agency.
11.2 However, this cancellation right does not apply in the case of any products made to your specification, or clearly personalised.
11.3 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day you receive the Products.
11.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or by sending a letter to 2 Cherry Orchard Industrial Estate, Ballyfermot, Dublin 10, Ireland. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
11.5 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 11.4. If you returned the Products to us because they were faulty or mis-described, please see clause 11.6.
11.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.7 We refund you on the credit card or debit card used by you to pay for the Products.
11.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us;
(c) you have an obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession;
(d) Products should be returned securely wrapped and our delivery slip;
(e) you understand and agree, when returning Products to us under this clause 11, we cannot accept responsibility or liability for Products lost or damaged in transit.
If you require further information regarding this procedure, please contact us.
11.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
11.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens’ Information Centre or National Consumer Agency.
12. General Returns & Refunds
12.1 In addition to consumers’ rights to return Products as provided in clause 11, consumers and business customers may return unwanted Product by notifying us of their decision to cancel the Contract in respect of the unwanted Product. This notification must be received by us within 7 (seven) working days of delivery of the Product. At your choice, we will replace the returned Product with the same or similar Product (subject to availability and excluding delivery costs) or refund the price paid for the Product.
12.2 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to 2 Cherry Orchard Industrial Estate, Ballyfermot, Dublin 10, Ireland. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
12.3 We will process the refund due to you, or the dispatch of the replacement Product, as soon as possible and, in any case, within 30 calendar days of the day on which we receive the returned Product. However, if you request a replacement Product which is not currently in stock we will advise you this by email and send you the replacement Product as soon as possible.
12.4 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) you have an obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession;
(c) Products should be returned securely wrapped with our delivery slip;
(d) you understand and agree, when returning Products to us under this clause 12, we cannot accept responsibility or liability for Products lost or damaged in transit.
If you require further information regarding this procedure, please follow the following link about Returns.
13.1 While we endeavour to fulfil orders within two working days of our Order Confirmation, in any case we will deliver your order within 30 calendar days of when your order was placed unless the Product you ordered in currently out of stock (in which case please see clause 9.4) or there is an Event Outside Our Control (as defined in clause 20). If we are unable to meet deliver the Products ordered within 30 days of your order because of an Event Outside Our Control, we will contact you with an estimated delivery date.
13.2 Time for delivery will not be of the essence, unless previously agreed in writing. However, this will not affect your legal rights as a consumer.
13.3 Delivery will be completed when we deliver the Products to the address you gave us.
13.4 Please ensure someone will be present to accept delivery. [If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.]
13.5 We may deliver Products in instalments if some of the Products in your order are available for delivery at different times.
13.6 The Products will be your responsibility from the completion of delivery.
13.7 You own the Products once we have received payment in full, including all applicable delivery charges.
14. Price of products and Delivery Charges
14.1 The prices of the Products will be in euro (€) (unless otherwise stated) and as quoted on our website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
14.3 Unless otherwise stated, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Republic of 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 Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
14.5 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
15. How to Pay
15.1 You can only pay for Products through PayPal and by using a debit card or credit card. We accept the following cards: Visa, Mastercard and Laser..
15.2 When paying for Products, you must be logged into your user account and full details must be provided of any vouchers and/or discounts in order for any of the foregoing to be taken into account by us when processing your order.
15.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we send you our Order Confirmation. By submitting your order you consent to us debiting your credit or debit card for the price of the Products, including VAT and delivery charges.
18. Our Liability if you are a Business Customer
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
18.2 Nothing in these Terms limit or exclude 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 Acts 1893 to 1980 (title and quiet possession); or
(d) defective products under the Liability for Defective Products Act, 1991.
18.3 Subject to clause 18.2, we will under no circumstances whatever 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.
18.4 Subject to clause 18.2 and clause 18.3, to the fullest extent permitted by applicable law our total aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with the performance or contemplated performance of the Contract is limited to and shall in no circumstances exceed the price of the Products purchased during the 1 month preceding the date on which event giving rise to the claim first arose.
18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 applicable law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. Our Liability if you are a Consumer
This clause 19 only applies if you are a Consumer.
19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
19.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3 You should determine the suitability of any Products under the guidance of your veterinary surgeon.
19.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Acts 1893 to 1980 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Acts 1893 to 1980 (description, merchantable quality, fitness for purpose and sale by sample); and
(e) defective products under the Liability for Defective Products Act, 1991.
20. Events Outside Our Control
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21. Communications between Us
21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
21.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you must contact us in writing by sending an e-mail to [INSERT E-MAIL ADDRESS] or by sending a letter to 2 Cherry Orchard Industrial Estate, Ballyfermot, Dublin 10, Ireland. All cancellations must be accompanied by our standard RMA Form [INSERT HYPERLINK]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Foran Healthcare Limited at 2 Cherry Orchard Industrial Estate, Ballyfermot, Dublin 10, Ireland.
21.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
21.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Other Important Terms
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing beforehand.
22.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 If you are a consumer, please note that these Terms are governed by Irish law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.
22.7 If you are a business, these Terms are governed by Irish law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
22.8 We will not file a copy of the Contract between us.