These terms and conditions govern the relationship between customer and distributor and apply to any Goods that the customer may purchase. Each time the customer places an order they agree to be bound by them. So, please read these Terms & Conditions carefully before ordering. The latest version of these terms and conditions can be found on our website or by contacting us at:
Tel: 00353 74 9548888
Email: info @odonnells.ie
If we make any substantial changes to these terms and conditions, we will contact existing customers and provide a new copy of the terms and conditions. New customers will be supplied with a copy of the terms and conditions. If the customer does not accept these terms and conditions, the customer should not order any Goods or Services from the distributor. Please keep/save a copy of these terms and conditions for reference.
1.Definanitons we use in these Terms & Conditions:
1.1 “Distributor” or “We” shall mean O’Donnells and associated companies
1.2 “Customer” or “You” shall mean the person or entity described as such on the invoices or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Goods” shall mean Goods supplied by the Distributor to the Customer as described on the invoices or any other forms as provided by the Distributor
to the Customer.
1.4 “Order” means any order placed by the Customer for Goods
1.5 “Price” shall mean the cost of the Goods as agreed between the Distributor
and the Customer.
2. Personal Details
2.1 The customer will need to open an account with us to order our Goods and Services online. They need to provide your full name, address, telephone number and email address together with any special delivery instructions. All information the customer provides must be true and accurate. The customer must be 18 years old to set up an account and order goods and services from us.
2.2 To ensure that the customer’s credit, debit or charge card is not being used without their consent, we may carry out certain identity, credit and fraud checks, including validating the personal information you give us during our ordering process. We reserve the right to change our checks from time to time.
2.3 If any issues arise we may require additional information (for example, photo ID such as a driving licence or passport). We may reject or cancel an order at any time if we are not satisfied with the information. It is important for us that the customer knows exactly what personal details we collect from them and how we look after and use them.
3. How a contract is formed:
We may give the customer a quotation or price in person, online, in writing or by phone. All quotes and prices are valid only on the day we issue them. We may withdraw a quote or change the price at any time prior to acceptance. A quote or price is only a price indication – it is not an offer to make a contract.
3.1 If the customer places an order with us (whether online, over the phone or otherwise) then that is an offer from the customer and we may choose whether or not to accept their order.
3.2 Where the customer orders by phone, a contract is formed between customer and distributor when we confirm on the phone that we have accepted your order. If the customer is unable to take the order for any reason, please contact us before the delivery.
3.3 Where the customer orders via our website, a contract is formed between us when we send the customer written confirmation of their order (normally by e-mail).
3.4 Each order the customer places, that is accepted by us, forms a separate contract.
3.5 Contracts will be concluded in English. The details of the customer’s contract will be held by the distributor.
4. What the customer is buying:
The Goods will be described in our quotation by phone or on the website if you are buying online, and then confirmed in acceptance of your order. More product information is at www.odonnells.ie. We may at any time and without notice:
• Alter the specification of the Goods to ensure that the Goods conform to any applicable safety or statutory requirements.
• Make minor modifications to the specification of the Goods that we consider necessary or desirable (and which should not have any material adverse effect on the performance of the Goods).
5. How we Deliver Goods to Customers:
5.1 We can deliver Goods within a certain radius of North-West Donegal. Our aim is to deliver to the customer by the delivery date in your quotation or written confirmation, or if no date is set out, within at least 7 days. However, this may not always be possible due to factors beyond our reasonable control. If there is a delay, we will contact you, as soon as we can, to agree a new delivery date.
5.2 Where you order by phone, we will deliver to the address you give when we receive the phone call. If you order online, we will deliver to the address you provide when ordering. We may sometimes deliver your order in instalments so don’t worry if your order seems to have been partially delivered. You will still only be charged one delivery charge though (if any applies). Each instalment may be invoiced separately, if you have any queries about your order, or worry that it might be incomplete, please contact us on 00353 74 9548888.
5.3 Delivery of Fuels will be deemed to have taken place as follows:
• For Fuels delivered in bulk by road vehicle, when on discharge it passes the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) that the customer uses for receiving delivery at your address.
• For any other Goods, when the Goods are off-loaded from the delivery vehicle (or at such point as the Goods are collected by the customer).
5.4 Risk in the product(s) shall pass to the customer but ownership remains with the distributor and shall pass to the customer only when they have paid and discharged to the distributor all monies, including Interest, that are due to the distributor.
5.5 On the customer making default on the payment of monies which are due and owing, the distributor at their option and without notice shall have the right, and the customer so herby agrees, to enter upon a premises where the product(s) are located and take possession of and remove product(s).
5.6 If the customer ordered Goods to be delivered in bulk and we can safely access their delivery area, the customer doesn’t need to be present when we deliver. In all other cases, it is the customer’s responsibility to ensure that someone is available at their delivery address on the date of delivery. If nobody is at home and there is no safe access to make the delivery, we will try to contact the customer by telephone. If we cannot do so, we will leave a note to explain and will try to contact the customer to rearrange the delivery. If the delivery address the customer provides is incorrect and as a result their order is delivered to someone else, we cannot be responsible for any costs or inconvenience that the customer may incur as a result. If the customer’s order is not delivered due to an error on the part of the company, we will make their delivery a priority, though we will not accept responsibility for costs/inconvenience incurred as a result.
5.7 In respect of each delivery of Goods, the customer must:
• Ensure that all necessary arrangements are put in place to safely accept each delivery including providing appropriate equipment to accept delivery and ensuring delivery and storage access is clear and available. If receiving fuels, the customer must ensure that sufficient storage capacity is available, it is safe and suitable for the Fuels, it is clearly marked with product name (grade), safe working capacity and identification number is provided with a safe means to check volume in tank before and during delivery and complies with any and all applicable laws and regulations.
• For Fuels, indicate to the distributor the correct fill point for your tanks (please note that we are not responsible for dipping, checking or testing a customer’s tank)
• For Fuels, inform the distributor about any safety or operating problems with the storage tank before we start delivery; any out of service equipment must be clearly marked and sealed / kept separate.
• Act sensibly and carefully with the Fuels. Handling the Fuels incorrectly can be dangerous. It is important for everyone’s safety that the customer know and comply with relevant health, safety and environmental law. If the customer has any doubts, they can obtain further advice from your local council. If the customer collects the Fuels from the distributor, then the customer must comply with the distributors policies and procedures regarding access to, and conduct at, the distributor’s premises.
5.8 If we believe that it would be unsafe to make a delivery to the customer then we may suspend that delivery until we are satisfied that it would be safe to proceed.
5.9 For Fuels that are delivered in bulk by road vehicle we will invoice the customer for the volume of Fuels actually delivered. We will not deliver more than the customer has ordered unless they agree. We will always try to deliver the agreed volume of Fuels, but if we are unable to do so due to reasons beyond our reasonable control and the customer has paid for the ordered Fuels in advance then we will only charge the customer for the Fuels delivered. We will refund the customer the rest of the money they have paid.
5.10 For Fuels that are delivered in bulk by road vehicle we record the delivery date, quantity and description of the Fuels delivered to the customer, and that record shall be deemed to be conclusive proof of the date of delivery, the volume and type of Fuels delivered. If the customer believes that any information set out on their delivery note or invoice is incorrect, then the customer must notify the distributor providing full details of any disputed element(s) as soon as possible.
5.11 If for any reason, other than our failure to comply with these terms, the customer:
• Fail to accept delivery of any of the Goods when they are ready to be delivered
• Fail to collect the Goods when they are ready for collection
• Wish to delay delivery
• Do something which means that we are unable to deliver the Goods Then the distributor may:
– Deliver the Goods the customer has ordered to another customer which may mean that delivery date may be delayed
– Charge the customer a reasonable “Failed Delivery Charge” which is the cost to the distributor of delivering the Goods to the customer and returning them to the depot or another customer
5.12 If the customer becomes aware that the wrong Goods have been delivered then the customer must stop using them immediately and tell the distributor as soon as possible. We will discuss the problem with the customer to arrange collection of the Goods or agree another solution.
5.13 If the customer is ordering Goods online (excluding Fuels), the price of the Goods will be as set out on our website.
5.14 If the customer is ordering Fuels (whether by telephone or on our website), the quotation given will clearly explain the price for the Fuels. We will tell you the:
• Unit Price – the price per litre excluding and including VAT to help the customer compare prices.
• Net Price – the total price for the Fuels the customer has ordered including VAT. We will also give the customer details of any other charges which may relate to your order. This total is the price that you will pay for your order.
5.15 Delivery charges: If the customer’s delivery is subject to a delivery charge, you will be told about it before you place your order.
6. How to Pay:
6.1 Where the customer is purchasing online, we ask the customer to pay for their Goods when they place an order.
6.2 Where the customer is purchasing Goods by phone, we require payment when the customer places their order or payment on delivery.
6.3 If the customer hasn’t paid in advance, the customer must pay the amount on the invoice within 14 days of receipt.
6.4 Payments for Goods can be made by, credit card, debit card, cash, cheque or via internet unless otherwise agreed. If the customer pays using a credit card then we will charge the customer a reasonable card processing fee to cover costs and the fees we incur from the credit card companies. Any credit card charge will be made clear to the customer at the time of order and will be shown on your invoice.
7. Delayed Payments:
7.1 If the customer does not pay the distributor on time, we may do any or all of the following:
• Cancel or suspend the contract (and any other contracts we have with the customer).
• Withdraw any current quotations or refuse to accept any further orders from the customer.
• Cancel any discount we previously offered to the customer under the contract.
• Without telling the customer, suspend or cancel delivery of the Goods under the contract, and any other contract, until the customer pays the amounts they owe the distributor in full.
• Require the customer to pay interest on the outstanding amount, calculated on a daily basis from the due date for payment up to the date of actual payment.
8. Cancellation/Refund of Orders:
8.1 The customer can cancel any order for Goods on any day prior to the date of delivery. The customer needs to call the depot and confirm cancellation with the distributor.
8.2 For Fuels, once our Fuel is mixed with your Fuel in your tank, you cannot cancel your order.
8.3 If the customer cancels an order for Goods (other than fuels), we will reimburse the customer all payments received from the customer. The customer must return any cancelled Goods they have received from the distributor without undue delay and in any event not later than 14 days from the day on which the customer told the distributor they want to cancel. The customer will have to bear the direct cost of returning any Goods. Where Goods cannot be returned, the distributor will confirm return charges before entering the contract with the customer.
8.4 We will repay the customer without unnecessary delay and within:
• 14 days after the day we receive back from the customer any Goods supplied
• If earlier, 14 days after the day the customer provides evidence that they have returned the Goods
• If no Goods are supplied, within 14 days from the day the customer told the distributor they want to cancel. If the customer has not yet paid for their cancelled order, then we will simply not charge the customer for it.
8.5 Where we repay the customer, we will use the same method of payment the customer used to pay (unless agreed otherwise). We will not charge the customer any fees for a refund.
8.6 We do our best to get things right and provide our Goods with care.
8.7 The Goods the customer receives will be what we have agreed to supply when the customer placed the order. The law says that the Goods must be as set out in the contract.
8.8 We promise to the customer that the Goods will:
• match the description
• be of satisfactory quality
• be fit for their purpose
• meet all applicable legal requirements.
8.9 The warranties in section 8.8 do not apply to any problem caused by the customer’s (or someone else’s) negligence, failure to follow our instructions for storage, use or maintenance of the Goods or if the customer make any use of the Goods after realising that there is a problem with them or if the customer alter, modify, mishandle or try to solve the problem with the Goods without agreement of the distributor beforehand.
8.10 If the customer is worried about the Goods or Services we have supplied, please call the distributor.
8.11 If the Goods do not meet the promises in section 8.8 the customer can tell the distributor if they want to replace the Goods or give the customer a credit note or refund at the Unit Price (plus VAT), but the customer must have told the distributor about the problem within one week of discovering the problem. We can ask the customer to send reasonable evidence of any Goods affected by the problem.
8.12 The guarantees provided above are in addition to the customer’s legal rights about goods that are faulty or not as described. If the customer feel they need help, contact the local Citizens Advice Bureau or Trading Standards office.
9. If something goes wrong:
9.1 If something goes wrong with the customer’s order, the distributor will only have to pay the customer the purchase price of the Goods and other costs the customer has paid.
9.2 Nothing in these terms and conditions excludes or limits our liability for:
• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation
• any breach of the obligations implied by law about ownership of the goods and ability to sell them
• defective products under the consumer protection legislation
• any other matter for which the law does not allow the distributor to exclude or attempt to exclude liability.
10. Additional important information:
10.1 Neither the distributor or the customer will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond the customer or the distributor’s reasonable control. Nothing under the contract shall give rights to any person who is not a party to it.
10.2 We revise our terms and conditions from time to time. The customer will be subject to the terms and conditions in force at the time that a contract is formed between the customer and the distributor.
10.3 Where the customer is purchasing Goods in the Republic of Ireland, the contract between us will be governed by the law of the Republic of Ireland.
11. We want to hear from our customers
11.1 We always like to hear from our customers whether it is good news or a problem a customer need us to solve. Our team are ready for your call at 00353 74 9548888 between the hours of 7am and 9pm, Monday to Friday. Calls may be recorded for training purposes. Alternatively, please email us.
11.2 We will respond to a customer within 24 hours to acknowledge the call or email. Sometimes, it may take a little longer to follow up with a detailed response but we will always try to do this within five working days of a customer’s first contact with our team.