Terms and Conditions

 

1. ACCEPTANCE OF TERMS:
Colm Warren (Polyhouses) Ltd (herein known as CWP) has produced this website ("Website") - www.thepolytunnelcompany.ie, www.thepolyutnnelcompany.co.uk and www.thepolytunnelcompany.com (herein know as “Website(s)”)- on condition you accept the following terms and conditions ("Terms and Conditions"). Your use of these Websites www.thepolytunnelcompany.ie, www.thepolyutnnelcompany.co.uk and www.thepolytunnelcompany.com constitutes your agreement to all such terms, conditions and notices. This website is for use by people who are 18 years and over only.

2. COPYRIGHT:
The Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright CWP or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of CWP. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

3. SUBMITTED CONTENT TO THE SITE:
CWP does not always monitor Content (as defined below) submitted by users, but shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, CWP shall have the right to remove any Content that violates the Terms and Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You may not submit third party proprietary information to CWP without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing CWP to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
    3(a) CONTENT SUBMITTED TO READER AREAS:
 
    By posting your photographs on the Gallery section of this Website you grant CWP an irrevocable, royalty free, non-exclusive, worldwide license, which allows 
     us to display your work on this Website. CWP undertakes not to publish your images outside of this Website without obtaining your permission first.

4. LINK TO THIRD PARTIES:
This Website may contain links to websites operated by third parties. Such links are provided for your convenience only. CWP does not control such websites, and is not responsible for their contents. CWP’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy products and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. CWP in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for products and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. CWP assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

5. MEMBER BEHAVIOR:
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not CWP, are entirely responsible for all content that you upload to, post on or otherwise transmit via this Website. CWP does not control all the content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not: • Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy. • Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or any content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy). • Upload, post or otherwise transmit any content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions. • Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the CWP or any servers or networks connected to the site or another's computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs. • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. • Restrict or in any way inhibit any other user from using the Website. • Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.

6. DISCLAIMER / LIABILITY:
Use of the Website and the facilities, and any material or information obtained from this Website is at your own risk, and CWP hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a participants. CWP shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website. In relation to content uploaded by users, CWP shall not be responsible for any such content posted by users in chat rooms or other community areas. All such content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of CWP. In spite of any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under Irish law. CWP will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by CWP or on its behalf, for: (a) Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (b) Any loss of goodwill or reputation; or (c) Any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude liability for death or personal injury resulting from the negligence of CWP or that of its servants, agents or employees. You agree to indemnify CWP in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the CWP site.

7. ACCESS RESTRICTION:
CWP reserves the right to deny in its sole discretion any user access to this Website or any portion thereof, without notice. CWP also reserves the right to remove any content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.

8. PRODUCTS AVAILABILITY:
All orders are subject to availability, in the event of products being temporarily out of stock, an advice note will be sent by email and products will be dispatched as soon as available

9. ORDER PROCESSING:
Once you have finished shopping you will go through to our secure checkout area where you will be asked for the details required to process your order, once complete you will then be issued with an order number and confirmation of your order by email.

10. PAYMENT:
Internet transactions are processed via our secure ordering facility on a secure server. All major Credit Cards are accepted by telephone and via Paypal. All prices displayed within the store include VAT where applicable.
If you wish to pay by Cheque/Postal Order – your order will be processed as soon as the payment has cleared in our bank account (normally 2-5 days). All prices displayed within the store include VAT where applicable.

          10.a RESERVATION OF TITLE: All products dispatched remain the property of Colm Warren (Polyhouses) Ltd., until all payments due to CWP (Colm Warren
                                                                (Polyhouses) Ltd.); in respect of the products have been paid in full.

11. WEBSITE CONDUCT:
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of CWP (Colm Warren Polyhouses Ltd). Any copying, transmission or re-transmission of the same requires the prior written approval of CWP (Colm Warren Polyhouses Ltd.)

12. PRICE OF PRODUCTS:
The price listed on the Website (the ‘Price’) for Colm Warren Polyhouses Ltd products (the “Products”) will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products on the website is wrong. If Delivery costs are included, this delivery cost applys to delivery within Republic of Ireland and Northern Ireland, and excludes off-shore locations.  Delivery to the UK and Europe are at an additional cost and are to be quoted separately. Please email us:  info@cwp.ie for a quotation.

13. DELIVERY/CONSTRUCTION DATES:
Delivery/Construction dates quoted by our Sales staff are given as best estimates at the time of ordering. Circumstances beyond their control may affect delivery/construction dates e.g. adverse weather conditions, or interruption of work due to stoppages, strikes, trade disputes, etc.. CWP (Colm Warren (Polyhouses) Ltd.), will not accept consequential losses incurred due to delays in delivery or construction of their equipment.

14. THE CONDITIONS OF CONSTRUCTION/BUILDING SERVICE:
If customer is constructing or assembling materials himself or herself or sub-contracting the construction out, the construction and assembly is carried out at client’s risk and responsibility.
    14(a) Where a Colm Warren Polyhouse recommended builder is constructing and/or cladding, site must be accessible and clear of all obstructions.
               Materials should be on-site before construction can begin.
    14(b) All prices quoted on the Website do not include construction unless specifically stated. If construction is included: construction costs are for construction within
             the Republic of Ireland and Northern Ireland excluding off shore locations.  Additional Construction costs apply to the UK, Europe and all other off-shore locations.
             For a construction quotation outside of Republic of Ireland & Northern Ireland, please email us:  info@cwp.ie
    14(c) A reasonable level site is required with a firm base. The site will need be viewed prior to the start of a contract to access if any remedies are required. 
              It is the customer’s responsibility to advise CWP of any irregularities regarding site or soil conditions (above and below ground).
    14(d) Site must be clear of all obstructions above and below ground.  Severe obstruction by rock, stone, cement or tarmac WILL incur extra labour charge and
               hire of diggers to be arranged and paid for by the customer. Construction team will use the digger to dig holes the holes.  Times and size of bucket 
               can be agreed before start of build.
    14(e) Concrete, if required is to be arranged and paid for by customer. Quantities and type required will be advised on request. The ordering and delivery time of
               concrete to be agreed in advance of construction’s team arrival on site. These materials should be actually on-site.
    14(f) Our recommended construction crews require little in the way of site facilities, but it is assumed that a 240V power supply and toilet facilities are available.
    14(g) When Irrigation is fitted, water supply must be available at the time of completion in order that equipment is tested.
    14(h) All hire equipment costs are extra. Where Plant or Equipment is required to cope with any aspect of construction charges for hire or otherwise, is to be the borne
              by the customer unless otherwise agreed with the builder.
              NOTE: WE DO NOT UNDERTAKE TO CONNECT TO EITHER ELECTRICAL SUPPLY OR WATER MAINS - THIS MUST BE DONE BY CUSTOMERS
              OWN CONTRACTOR. A COMMISSIONING CHARGE WILL BE MADE IF EITHER ELECTRICAL OR WATER SUPPLIES ARE NOT CONNECTED AT COMPLETION.


15. CLAIMS or RETURNS POLICY:
When you purchase online, you have a statutory right to return a Product (other than perishable produce) up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organise a refund (excluding delivery cost and a handling charge). Products must only be returned if they are unused, unopened and in their original condition. Any shortages, breakages or damage must be reported within 24 hours of purchase/delivery.
    15(a) Accepting Delivery of products - It is the responsibility of the customer to check all materials against the Delivery Note at the time of delivery. Any shortages,
               breakages or damage must be reported within 24 hours of purchase/delivery.
               Please note that all products returned must be in original packaging and in perfect condition.

16. ACCORDANCE WITH SPECIFICATION:
Many of the Products are of a technical nature and it is not practical to publish detailed specifications of all the Products and keep specifications completely up to date. All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products.
It is the responsibility of the customer to check that the details and dimensions on the enclosed sales order and/or quotation and/or order acknowledgement and/or order are correct and that the equipment ordered is suitable for the site and purpose to which it applies.
Responsibility for planning permissions, building regulations, fire regulations or any other permissions relating to the suitability of the equipment for its purpose is the customer’s.

17. SAFETY:

If any manuals or instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website or manuals is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.

18. DISCLAIMER OF WARRANTIES:
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

19. LIMITATION OF LIABILITY:
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.

20. CONTRACT:
No contract will subsist between you and CWP (Colm Warren Polyhouses Ltd) for a sale to you of any product or service unless and until CWP (Colm Warren Polyhouses Ltd) accepts your order by e-mail confirming that it has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time CWP (Colm Warren Polyhouses Ltd) sends the e-mail to you (whether or not you receive that e-mail).

21. MODIFICATION OF TERMS:
We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

22. LAWS:
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

23. TERMINATION:
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.

24. FEEDBACK:
If you want to express a view direct to CWP (Colm Warren Polyhouses Ltd) then please email us at info@cwp.ie or write to us at:
Colm Warren Polyhouses Ltd, Kilmurray, Trim, Co. Meath, Ireland

25. PRIVACY POLICY:
CWP (Colm Warren Polyhouses Ltd) has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for our Web site. In order to fully understand your rights, we encourage you to read this Privacy Statement and to consult our Terms and Conditions page. Please direct questions regarding this statement to: info@cwp.ie

26. IP ADDRESSES:
We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is also used to help identify you and your shopping cart and to gather broad demographic information. An IP address is a number that is assigned to your computer automatically when you use the Internet.

27. COOKIES:
Our site uses cookies to keep track of your shopping cart. We also use cookies to deliver content specific to your interests. A cookie is a message sent to your browser from a Web server and stored on your computer’s hard drive. Many Internet sites use cookies. You can set your browser preferences to reject all cookies, but this will prevent you from using most customized services and you may have to repeatedly enter log in information in order to use some services. Cookies make your experience easier by saving your preferences. No advertiser’s cookie is ever placed on customers’ computers.

28. ORDER FORMS:
Our site uses an order form for customers to request information, products, and services. We collect visitors’ contact information (such as their email address), unique identifying information (such as user name and password). Contact information from the order form is used to send orders and information about our company to our customers. The customer’s contact information is also used to get in touch with the visitor when necessary. Unique identifiers (such as user name and password) are collected from Web site visitors to verify the user’s identity and for use in establishing and identifying account numbers in our record system.

29. ACCEPTANCE OF PRIVACY POLICY:
By using the website and services, you signify acceptance of this privacy statement. If you do not agree or are not comfortable with any policy described in this privacy statement, your only remedy is to discontinue use of the CWP (Colm Warren Polyhouses Ltd) site. We reserve the right to modify this privacy statement at any time. Your continued use of any portion of the CWP (Colm Warren Polyhouses Ltd) site following notification or posting of such changes will constitute your acceptance of those changes.

30. GENERAL:
These Terms and Conditions constitute the entire agreement between you and CWP concerning your use of the Website and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and CWP in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions. These Terms and Conditions of Use shall be governed by and construed in accordance with Irish law and the parties submit to the exclusive jurisdiction of the Irish Courts. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CWP’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CWP in writing.