CURRENTLY (0) ITEMS IN YOUR SHOPPING CART
 | LOGIN or REGISTER

Farelii

Terms of Use


STANDARD CONDITIONS OF SALE

The terms and conditions set out below apply to the entirety of this website. By accessing any part of this website you agree that you have read and understood the terms and conditions below and agreed to their content. You also acknowledge and agree to be bound by the terms of the Company's privacy policy.

1. INTERPRETATION

1.1. The definitions and rules of interpretation in this condition apply in these conditions:
"Buyer" the person, firm or company who purchases the Goods from the Company.

"Company" Farelii Limited.

"Contract" any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating or deemed to incorporate these conditions.

"Delivery Point" the place where delivery of the Goods is to take place under condition 5.

"Goods" any goods agreed in the Contract to be supplied to the Buyer by the Company.

1.2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

2. APPLICATION OF TERMS

2.1. Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer claims to apply under any purchase order, confirmation of order, specification or other document).

2.2. No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3. These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the managing director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

2.4. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.

2.5. The Company must receive payment of the whole price of the Goods before the Buyer's order can be accepted. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is sent to the Buyer by email by the Company.

2.6. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.7. Any purchase/quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgement of order to the Buyer. Any purchase/quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.


3. RIGHT OF CANCELLATION

3.1. To cancel any Purchase/Contract the Buyer must notify the Company in writing.

3.2. If the Buyer has received the Goods before the Buyer cancels the Contract then the Buyer must return the Goods to the Company at the Buyer's own cost and risk.

3.3. Once the Buyer has notified the Company that they are cancelling the Contract, any sum debited to the Company from the Buyer's credit card will be re-credited to the Buyer's account as soon as possible and in any event within 30 days of the cancellation provided that the Goods have been returned by the Buyer and received by the Company in the condition they were delivered to the Buyer. If the Buyer does not return the Goods or does not pay the costs of delivery, the Company shall be entitled to deduct the direct costs of recovering the Goods from the amount re-credited.

3.4. The Company shall be entitled to cancel any Contract if one or more of the Goods ordered by the Buyer was listed at an incorrect price due to a typographical error or an error in the pricing confirmation received from the Company's suppliers. If the Company does cancel the Contract, the Company will notify the Buyer by email and will re-credit to the Buyer's account any sum deducted by the Company from the Buyer's credit card as soon as possible. The Company will not be obliged to offer any additional compensation for disappointment suffered.


4. REFUNDS AND RETURNS

4.1 The Company wants the Buyer to be totally satisfied with their purchase from the Company. If the Buyer is not completely happy with their purchase, once satisfactory delivery has taken place, the Buyer has up to seven working days to inform the Company that it requires a refund or exchange. Please call the Company's sales team on +353 86 8342326 or email brian@farelii.com who will inform the Buyer of their exchange/collection options and explain the Company's refunds process. The Buyer will be required to keep all goods in a re-saleable condition.

4.2 You may return any item within 14 days in its original condition for a refund of the price you paid for the item. To return an item, please include the merchandise with a completed returns slip, which you can download by clicking here. Please allow up to 14 working days for this to be processed.

4.3 Please note. For your protection Farelii recommend that you use a recorded delivery service as we cannot be held responsible for goods not received. If you require an exchange our returns department will be happy to process this for you. Please include written details on the returns slip, order number and reasons for the returned product.

4.4 Sometimes the product specifications of the Goods from the manufacturer may change, in which case the Company will do its best to offer the Buyer a substitute of the same or better quality as the Goods at the same price. If the Buyer is not happy with the replacement the Buyer can return it in accordance with the Company's seven working day refund/exchange policy. Where applicable the Buyer may cancel its order in accordance with the Distant Selling Regulations.

4.5 All the Company's products are guaranteed against manufacturing defects for a minimum of 12 months. The Buyer's statutory rights are unaffected.

4.6 Please note the following exceptions to this policy:

1. Items that have been customised e.g. shirt printing, cannot be exchanged or refunded unless the product or material is faulty.

2. All return and re-shipping charges are the Customer's liability.

3. We will refund shipping costs if there is a fault with the product. However, we cannot accept responsibility for return or re-shipping costs incurred when returning non-faulty items.


5. DESCRIPTION

5.1. The quantity and description of the Goods shall be as set out in the Company's quotation or acknowledgement of order.

5.2. All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues, website or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.


6. DELIVERY

6.1 We hope that you will be very happy with the condition that your purchases will arrive in. If not, please contact our sales team immediately or otherwise please refer to our Returns policy section. An Post is the courier service we use within Ireland, UK, Europe and Rest of World.

Please see our Price listing on the delivery Pages within the Customer Services page.

Please ensure that you will be at the delivery address to accept the goods or please consider giving us a work address if you will not be there during the day. Make sure you leave a mobile number so that if you are not there we can contact you. If you are sending it to the recipient of the purchase make sure they are there to receive it to avoid any disappointment.

VAT where relevant, will be charged and added to the displayed price (exceptions may apply for overseas purchasers).

6.2 We strive to keep all the items featured on our site in stock. If your item is in stock it should be dispatched to you within 1-2 working days. If an item is out of stock it may have to be manufactured and dispatch can take longer. For the Rest of World, delivery can take up to 10 working days from the date of posting.

6.3. Unless otherwise agreed in writing by the Company, delivery of large orders shall take place at the Company's place of business.

6.4 When the buyer has elected to collect the Goods from the Company’s premises The Buyer shall take delivery of the Goods within 14 days of the Company giving it notice that the Goods are ready for delivery. Please contact the sales team if large orders are required.

6.5. Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

6.6. For all Goods to be delivered outside of Ireland, the Company reserve the right not to deliver those Goods until 60 days after payment for the Goods has been received from the Buyer and the Contract shall continue for this period.

6.7. Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.

6.8. If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations then on the first occurrence of any of these eventualities:

a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence);

b) the Goods shall be deemed to have been delivered; and

c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

6.9. On delivery, the Buyer (or the Buyer's nominated contact) shall be obliged to produce a suitable form of identification. Failure to provide may result in the Goods not being delivered, without liability being incurred by the Company.

7. NON-DELIVERY

7.1. The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

7.2. The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

7.3. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.


8. RISK/TITLE

8.1. The Goods are at the risk of the Buyer from the time of delivery.

8.2. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:

a) the Goods; and

b) all other sums which are or which become due to the Company from the Buyer on any account.

8.3. Until ownership of the Goods has passed to the Buyer, the Buyer shall:

a) hold the Goods on a fiduciary basis as the Company's bailey;

b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property;

c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

d) maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall promptly produce the policy of insurance to the Company.

8.4. The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

a) any sale shall be effected in the ordinary course of the Buyer's business at full market value; and

b) any such sale shall be a sale of the Company's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.

8.5. The Buyer's right to possession of the Goods shall terminate immediately if:

a) the Buyer has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in Companies Act, 1963), or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of or the Companies Act, 1963, Buyer ceases to trade; or

c) the Buyer encumbers or in any way charges any of the Goods.

8.6. The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

8.7. The Buyer grants the Company, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.

8.8. Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

8.9. On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition 8 shall remain in effect.


9. PRICE

9.1. The price shall be the Company's quoted price on the website.

9.2 Childrens clothing is exempt from VAT in Ireland and Europe, therefore charged at 0% thus no tax is added in the price quoted by Farelii.

9.3 For any customers purchasing outside the European Union, all purchasers are exempt of VAT and Farelii do not charge VAT.

9.4 Any customs or import duties are levied once the package reaches its destination country. Additional charges for customs clearance must be paid by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.


10. PAYMENT

10.1. Subject to condition 10.4, payment of the price for the Goods is due in Euros prior to the date the Goods are delivered or deemed to be delivered. We will take payment from your card at the time we receive your order, once we have checked your card details and stock availability.

10.2. Time for payment shall be of the essence.

10.3. No payment shall be deemed to have been received until the Company has received cleared funds.

10.4. All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

10.5. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

10.6. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Bank of Irelands base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. The Company reserves the right to claim interest under the Late Payment in Commercial Transactions (Regulations 2002).

10.7. The Buyer agrees not to make any charge-backs and/or deny or reverse any payment made for Goods and will reimburse the Company for any charge-backs, denial or reversal of payments the Buyer makes and any loss suffered by the Company as a result.

10.8 If the buyer fails to make any payment on the due date then without prejudice to any of the Company's other rights, the Company may:

10.8.1 suspend or cancel deliveries of any articles due to the buyer; and/or

10.8.2 appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyers) as the company may in its sole discretion think fit.


11. QUALITY

11.1. Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.

11.2. The Company warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 12 months from the date of delivery, the Goods shall:

a) be of satisfactory quality within the meaning of the Sale of Goods Act 1980;

b) be reasonably fit for their purpose; and

c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company.

11.3. The Company shall not be liable for a breach of any of the warranties in condition unless:

a) the Buyer gives written notice of the defect to the Company, and to the carrier if the defect is as a result of damage in transit, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and

b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Company's cost for the examination to take place there.

11.4. The Company shall not be liable for a breach of any of the warranties in condition if:

a) the Buyer makes any further use of such Goods after giving such notice; or

b) the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or

c) the Buyer alters or repairs such Goods without the written consent of the Company.

11.5. Subject to condition 11.3 and condition 11.4, if any of the Goods do not conform with any of the warranties in condition 11.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company.

11.6. If the Company complies with condition 11.5 it shall have no further liability for a breach of any of the warranties in condition 11.2 in respect of such Goods.

11.7. Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.


12. INTELLECTUAL PROPERTY

12.1. The specification and design of the goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Company where any designs or specifications have been supplied by the buyer for manufacture by the Company or to order of the Buyer, then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the goods shall not infringe the rights of any third party.


13. LIMITATION OF LIABILITY

13.1. Subject to condition 5, condition 6 and condition 11, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

a) any breach of these conditions;

b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

c) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.

13.2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1980) are, to the fullest extent permitted by law, excluded from the Contract.

13.3. Nothing in these conditions excludes or limits the liability of the Company:

a) for death or personal injury caused by the Company's negligence;

b) compliance of the Consumer Protection Act 2007;

c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

d) for fraud or fraudulent misrepresentation.

13.4. Subject to condition 13.2 and condition 13.3:

a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

13.5. The Company may assign the Contract or any part of it to any person, firm or company.

13.6. These conditions do not effect your statutory rights as a consumer.


14. ASSIGNMENT

14.1. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.


15. FORCE MAJEURE

15.1. The Company shall be relieved of liabilities incurred under the Contract wherever and to the extent to which the fulfillment of such obligation is prevented, frustrated or impeded as a consequence of any of the following events:

(i) War, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, insurrection, military or usurped powers or acts of God.

(ii) Statutes, rules, regulations, orders or requisitions issued by any Government Department, Council or other duly constituted body.

(iii) Strikes, lockouts, breakdowns of plant.

(iv) Other causes (whether or not of like nature) beyond the Company's control.


16. WAIVER

16.1. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

16.2. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.3. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.


17. SEVERANCE

17.1. If any provision of the Contract (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

17.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.


18. THIRD PARTY RIGHTS

18.1. The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.


19. COMMUNICATIONS

19.1. All communications between the parties about or in connection with the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission:

a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or

b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

19.2. Communications shall be deemed to have been received:

a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

b) if delivered by hand, on the day of delivery; or

c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

19.3. Communications addressed to the Company shall be marked for the attention of Brian Farrell, Director of Farelii Limited, Bregaun, Owning, Piltown, Co. Kilkenny, Ireland.


20. GOVERNING LAW AND JURISDICTION

20.1. This website and these conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the Irish Law.

20.2. The parties irrevocably agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these conditions.


21. CHILDREN UNDER 18

21.1 If you are under 18, you must ask your parents or a guardian before you:

• E-mail the website, or ask Farelii to e-mail anything to you;

• Send in any information to Farelii;

• Buy anything online

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they use this website.


22. LINKS

22.1 Farelii may choose to provide links to sites from time to time, owned by third parties that are not connected with Farelii. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Farelii has no responsibility or liability for these third-party sites.


23. ALTERATIONS

23.1 Farelii may amend this web site and our services any time with or without notice to you.


24. COMPLAINTS AND COMMENTS

24.1 If you have any complaints or comments about our web site or any of the products supplied to you, please contact Farelii through the Contact Us section on the website.


25. DISCLAIMER

25.1 Farelii has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Farelii makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Farelii reserves the right to change price and availability information without notice.

25.2 Farelii reserves the right to decline orders for bulk or high value purchases.


26. THANK YOU

26.1 We hope that you enjoy your purchase from Farelii Limited and thank you for shopping with us.