1. Interpretation.
In these conditions of sale: “Supplier” means ,Émile Pâtissier Ltd registered in Ireland Company number 381741 who’s registered Office is at Unit 1, O’ Brien road, Carlow. “Customer” means the person who purchases the Goods. “Goods” means the goods ordered by the Customer From the supplier, in an order which has been accepted By the supplier.
2. Delivery Date.
The supplier shall use reasonable efforts to meet any stated delivery date but shall not be liable (in contract, negligence or otherwise for any loss or damage resulting from its failure to do so, howsoever caused.
3. Delivery location.
Delivery shall be at the Customer’s premises stated on the confirmation order, unless otherwise agreed. The Supplier delivers to regions outlined in the “delivery” region of the website.
4. Packaging, Carriage, and Insurance.
The prices are inclusive of any costs of standard packaging, carriage, and insurance, which shall be arranged by the supplier
5. Risk.
Title and risk to the Goods purchased shall pass to the Customer upon delivery. [Delivery is deemed made when the Goods are made available to the Customer for unpacking at the point of delivery and for the avoidance of doubt; the Customer is solely responsible for unpacking.]
6. Queries and Complaints.
Notification of queries and/or complaints must be notified to the supplier in writing within 3 days of receipt of the Goods.
7. Prices.
Unless another price is quoted by the Supplier in writing and accepted by the customer, the price of the Goods is the Supplier’s relevant price.
8. VAT.
Unless expressly quoted as including VAT, all prices are exclusive of value-added tax or any other government taxes or duties which, if applicable, shall be paid by the customer.
9. Payment terms.
Unless otherwise agreed in writing by the Supplier, the Customer shall make all payments in advance to the Supplier prior to receipt of the goods
10. No Deductions.
The Customer shall make all payments in Euro, without set off or counterclaim and free and clear of all taxes, deductions, withholdings and other Charges.
11. Warranties.
The supplier warrants that: 15.1 at the time of sale, it will have title to sell the Goods to the Customer, and 15.2 The Goods sold to the Customer will conform with the specification for them published by the Supplier or their manufacturer.
12. Remedy
Subject to Clause 21, if the supplier is in breach of the warranties given by it under Clause 17, its liability shall be limited to: 16.1replacement of the product concerned; or 16.2 At the option of the Supplier, reimbursement of the price.
13. No Other Liability.
Subject to Clause 21, the Supplier shall have no further liability to the Customer other than as described in Clause 18, whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of the Goods.
14. Consequential Loss Etc.
Subject to Clause 15, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility if such damages.
15. Non-Excludable Liability.
Nothing in this these conditions of sale shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited including the statutory rights of a customer.
16. Application.
These conditions of sale shall apply to any purchase of goods under an order which is accepted by the Supplier. No other terms shall apply to the sale of the Goods, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.
17. Governing Law.
These conditions of sale shall be governed by Irish Law.