THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT AT THE FOLLOWING URLS (HTTP OR HTTPS ADDRESSES AND THEIR SUBDOMAINS): www.rvr.ie, rvr.ie.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN RVR ENERGY TECHNOLOGY LIMITED AND YOU AND OVERRIDE AND EXCLUDE ANY OTHER TERMS STIPULATED OR INCORPORATED WHETHER IN THE ORDER OR IN ANY NEGOTIATIONS BETWEEN THE PARTIES OR THEIR AGENTS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions are accompanied by a privacy policy, which can be found here.
The RVR.ie website is operated by:
RVR Energy Technology Limited, (referred to as "we" elsewhere in this document), a company registered in Ireland, whose registered office is at Gortamullen, Kenmare, Co. Kerry, Ireland.
Our company registration number is 403616.
Our VAT registration number is IE6423616D
Our contact details are as follows:
Mailing address:
Kenmare,
Co. Kerry,
Ireland
General email: websales@rvr.ie
Telephone number (ROI): 0818 313 003
Telephone number (Int): 00 353 64 6641344
Fax number: 00 353 64 89520
1. INTRODUCTION
1.1 You (the "Customer") will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) Where goods are not available;
(b) Where we cannot obtain authorisation for your credit card payment;
(c) Where you are in breach of payment terms for previous orders;
(d) If there has been a pricing or product description error;
(e) If you do not meet any eligibility criteria set out in our terms and conditions;
2.4 We reserve the right to decline to trade with any business entity or person and to decline or accept any order.
3. PRICING
3.1 All prices exclude VAT which will be added at the rate applicable at the date of despatch. We reserve the right to express the price inclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Prices quoted verbally are not binding. Whilst we will try to maintain prices quoted on RVR.ie, we reserve the right to effect changes at any time before despatch.
3.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.4 Our prices are reviewed continuously and may change without notice.
4. DELIVERY
4.1 We will normally only deliver to your delivery address as notified to us when you place your order. Delivery shall be deemed to have taken place when the products have been delivered to, or delivery has been tendered to you (or your agent or nominee).
4.2 We shall use reasonable endeavours to effect delivery on or before any promised delivery dates or within any delivery periods agreed, but all such dates and periods are estimates only and we will not be liable for any delay in delivery. Where the products are to be delivered by installments over a period, the installments will be reasonably apportioned at our sole discretion over such period taking into account so far as is reasonably practicable delivery dates requested by you. In any event we may at our option elect to effect partial delivery of any products unless otherwise agreed with you to the contrary.
4.3 Where delivery by installments is agreed, each installment shall constitute a separate contract, so that any defect in any one or more installments shall not entitle you to repudiate any other installments. If you fail to take delivery of the products, then we may at our sole option and without prejudice to any of our other rights or remedies effect delivery of the products by whatever means we think most appropriate, at the your risk and expense.
4.4 A schedule of standard and special delivery methods, including the related delivery charges, is available on request. The delivery charges are exclusive of VAT. A standard delivery charge is applied per order provided the method of despatch is determined by us. Additional costs arising from special requirements are subject to additional charges which, on request, are available in advance.
5 INSPECTION, TRANSIT DELAYS and NON-DELIVERY
5.1 You must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of delivery, give notice to us in detail of any defect in the product that is apparent on reasonable examination. In this case we shall, at our discretion, replace the products or, if this is not possible, refund the purchase price. In any event you must refuse delivery of goods, delivered to you, in a damaged condition.
5.2 Any shortfall in products delivered: In this case we shall, at our discretion, deliver the undelivered products or refund the price of the undelivered products.
5.3 Any delivery of products not in accordance with the order: In this case we shall, at our discretion, replace the products or refund the purchase price.
5.4 Any non-delivery of the products (in which case the time limit is within 14 days of the estimated despatch date): In this case we shall, at our discretion, deliver the undelivered products or refund the price of the undelivered products.
5.5 If you fail to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and you shall be deemed to have accepted the products accordingly.
5.6 The remedies set out above are your exclusive remedies for non-delivery, late delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Where you owe sums to us, we can refund by way of credit note. We shall not be liable for any losses, consequential or otherwise, arising from non-delivery or late delivery.
6 PAYMENTS
6.1 All payments must be made without any set-off, deduction or counterclaim. Payment against Account transactions is due by the last day of the month following the month in which the products are despatched. ("Account" means an open credit account, but excludes transactions on specially designated account numbers used for cash, credit cards or purchasing cards, and excludes transactions on "facility accounts" used for one-off transactions or transactions pending credit checking).
6.2 Interest will be applied on a daily basis on all unpaid invoices that exceed the maximum credit period. The applicable rate shall be the European Central Bank rate plus seven percent.
6.3 Unless otherwise agreed in advance, payment should be made by euro denominated cheque, drawn on a bank account domiciled in the Republic of Ireland. All charges associated with any other payment method shall be at your expense. i.e. the amount paid net of clearing charges will be credited to the your Account. Credit and purchase card transactions are processed on the date of despatch of the products.
7 PASSING OF RISK AND PROPERTY
7.1 Risk of loss or damage to the products shall pass to you on delivery.
7.2 The property in the products shall not pass to you until all sums due to or owing to us by you on any account have been paid and, until payment, the following provisions shall apply. Except where full payment has been made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by you has been met on presentation or otherwise honoured in accordance with its terms. If you default in the punctual payment of any sum owing to us, then we shall be entitled to the immediate return of all products sold by us to you in which the property has not passed to you.
7.3 The Customer hereby irrevocably authorises us and our employees and agents to recover the products and to enter any premises of the Customer for that purpose. Demand of or recovery of the products by us shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or our right to sue for the whole of the price.
8 PRODUCT AND AVAILABILITY INFORMATION
8.1 Unless otherwise stated, electrical ratings represent safe working limits. Dimensions and other physical characteristics are subject to normal commercial tolerances.
8.2 However, we reserve the right without prior notice to discontinue any product or to make design changes as part of a continuous programme of product improvement, or to assist product availability. Where possible, future design changes will be indicated on RVR.ie and such changes may take place at any time.
8.3 We recommend that the Customer verifies dimensions and other data published on RVR.ie, together with future availability, before incorporating products into designs or for other critical purposes.
8.4 Where you intend to supply the product to any other person, then you shall ensure that all warnings, labels, instructions, manuals and other information in respect of the products or their use, which are supplied with the products, are not lost or damaged in any way whilst the products are in your possession or under your control and that they are supplied with the products when the you release them from your possession or control.
8.5 Unless otherwise confirmed, nothing on RVR.ie is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
9. WARRANTY
9.1 For products purchased from RVR.ie: we warrant that if defects appear in products, under proper use, we will, at our option, replace or repair the product or, if this is not possible, refund the purchase price. This warranty is subject to a claim being made in writing to us within 12 months after the original date of despatch, or such other period as may be indicated by us for specific products from time to time.
9.2 For services purchased from RVR.ie: we warrant that we will, at our option, either rectify defectively serviced products or, at our sole discretion, supply to the Customer free of charge a substitute product in place of the defectively serviced product, subject to the Customer submitting to us a written claim specifying the defect within 3 months of the date of the invoice or such other periods as may be indicated by us for specific products from time to time.
9.3 Any products or parts which are replaced by us shall become our property.
9.4 This 'Warranty' paragraph sets out the Customer's exclusive remedy in respect of defective products and services. Save as expressly provided in these conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law and we will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on us by operation of law. The Customer acknowledges that it is responsible for ensuring that the products it orders are fit for the purposes for which it intends to use them.
10. CANCELLATION AND RETURNS POLICY
10.1 If you wish to cancel your order:
(a) You can notify us by email to websales@rvr.ie before we have dispatched the goods to you;or
(b) Where goods have already been dispatched to you, you can return goods to us in accordance with clause 10.2 below.
10.2 You can return goods you have ordered from us for any reason at any time within 30 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you and we accept no responsibility for any loss or damage to them.
10.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
10.4 The rights to return the goods to us as referred to in clause 10.2 will not apply in the following circumstances: -
(a) In the event that the product has been used or
(b) To any products that we have made, ordered or customised specifically for you
10.5 In the event that returned goods are not in perfect condition, the following schedule of charges will apply;
Unopened and in perfect condition - no charge
Damaged packaging but otherwise in perfect condition - 15% of invoice value
Goods are damaged but may be sold as 'seconds' - 50% of invoice value
Goods not in saleable condition - 100% of invoice value
The provisions of clauses 10.1 - 10.5 do not affect your statutory rights.
11. LICENCE
11.1 You are permitted to print and download extracts from this website for your own use on the following basis:
(a) No documents or related graphics on this website are modified in any way;
(b) No graphics on this website are used separately from accompanying text;and
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
11.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website , other than in accordance with clause 11.1 above, for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
11.3 Subject to clause 11.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
11.4 Any rights not expressly granted in these terms are reserved.
12 SERVICE ACCESS
12.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
12.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
13. VISITOR MATERIAL AND CONDUCT
13.1 Other than personally identifiable information, which is covered under the Privacy Policy here, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
13.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licences and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world;or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.)
13.3 You may not misuse the Website (including, without limitation, by hacking).
13.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 13.2 or 13.3.
14. LINKS TO AND FROM OTHER WEBSITES
14.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
14.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the RVR.ie logo;
(b) You do not create a frame or any other browser or border environment around this Website;
(c) You do not in any way imply that we are endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false information about us;
(e) You do not otherwise use any RVR.ie trade marks displayed on this Website without our express written permission;
(f) You do not link from a website that is not owned by you;and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 14.2 for breach of these terms and to take any action we deem appropriate.
14.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 14.2.
15. REGISTRATION
15.1 To register with RVR.ie you must be over eighteen years of age.
15.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
15.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
15.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
16. DISCLAIMER
16.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website does not form part of the contract between RVR Energy Technology Limited and you.
16.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
17. LIABILITY
17.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
17.2 Decisions for the selection and use of products remain your responsibility, and exclusively involve your subjective knowledge and judgement. Therefore we shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to our negligence or that of our employees, agents or sub-contractors.
17.3 We shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
Any express or implied terms of the contract between RVR and you, or of any order accepted by us;
Any duty of any kind imposed on us by law arising out of or in relation to the contract or order;or
Any defect in the products or services.
If, notwithstanding clauses 17, any liability attaches to us, our liability to you in respect of one or more of
(i) Any express or implied terms of the contract between RVR and you, or of any order accepted by us;
(ii) Any duty of any kind imposed on us by law arising out of or in relation to the contract or order;or
(iii) Any defect in the products or services;
shall be limited in the aggregate to 100,000 Euro.
17.4 Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by our negligence;
(ii) Fraud;
(iii) Misrepresentation as to a fundamental matter;or
(iv) Any liability which cannot be excluded or limited under applicable law.
17.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
17.6 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
18. FORCE MAJEURE
18.1 We will not be in breach of our contract with your for any delay in performing, or failure to perform, our obligations under these conditions of sale if that delay or failure was due to any cause or circumstance beyond our reasonable control or by our inability to procure services, materials or articles required for the performance of the contract, except at enhanced prices. In these circumstance, we may at our sole option delay the performance of or cancel the whole or any part of the contract without liability to the customer. If we cancel part of the contract the Customer shall pay for the products delivered on a pro rata basis.
19. GOVERNING LAW AND JURISDICTION
19.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts. We may bring legal proceedings in any court of competent jurisdiction.
19.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the European Union. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the European Union, you do so at your own risk and you are responsible for compliance with local laws.
20. MISCELLANEOUS
20.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
20.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
20.3 Only the parties to these terms and conditions may seek to enforce them.
Terms and Conditions - Effective date 1st April 2006