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General Terms and Conditions

  1. General Terms
  2. Binding Contracts and Prices
  3. Orders
  4. The Sale of Samples
  5. Packing, Assembly
  6. Terms of Payment
  7. DeliveryDates
  8. Risks, Merchandise Shipped to Customers
  9. Delay in Acceptance
  10. Retention of ownership
  11. Guarantee
  12. Final Clause

1 General Terms

1.1. These General Terms apply to all present and future business transactions between RESTAURANTFURNITUREDIRECT and the Customer and are subject to the laws of the Republic of Ireland, regardless of the place of residence or domicile of the Customer.

1.2. These General Terms (the "General Terms") apply to natural persons, judicial entities and public corporations

1.3. No changes, contradictions and/or additions to the General Terms, are contractually valid unless explicitly confirmed by RESTAURANTFURNITUREDIRECT in writing.

2 Binding Contracts and Prices

2.1. Offers by RESTAURANTFURNITUREDIRECT are not binding unless confirmed in writing. Any reasonable technical alterations and changes in shape, colour and weight by RESTAURANTFURNITUREDIRECT are permitted.

2.2. By placing an order the Customer makes a binding offer to purchase the products ordered. RESTAURANTFURNITUREDIRECT has the right, but not the obligation, to accept incoming orders within two weeks of receipt. Acceptance of the order (the "Acceptance") may be in writing, in accordance with § 2.6 of the General Terms or by delivery of merchandise to the Customer.

2.3. The binding nature of the contract is conditional on the correct and timely direct receipt of merchandise by RESTAURANTFURNITUREDIRECT from its suppliers and applies only where such failure is not attributable to RESTAURANTFURNITUREDIRECT , especially where the order by RESTAURANTFURNITUREDIRECT to its supplier is congruent with that of RESTAURANTFURNITUREDIRECT’s customer.

2.4. Prices in the price list or published on the internet are not binding. Only those quoted in the most recently issued price list are definitive and are delivered.

2.5. All prices are quoted in Euros (EUR) excluding Value Added Tax ("VAT"). The rate of VAT charged will be that ruling in Ireland at the date of the invoice. Irish VAT will only be waived when customers in the European Union ("EU") can provide their VAT identification number along with proof that the merchandise is being exported to an EC member state.

2.6. After orders have been received, written confirmations will be sent out by e-mail stating the exact prices and terms of business. RESTAURANTFURNITUREDIRECT promises to keep to the terms of the agreement until such time as delivery is confirmed, so long as the Customer fulfils his obligations thereunder.

2.7. These General Terms are made available to the Customer on RESTAURANTFURNITUREDIRECT’s website. If the Customer orders online, the Acceptance will be sent by e-mail.

3 Orders

3.1. RESTAURANTFURNITUREDIRECT is not obliged to accept orders whose total value is less than EUR 500. Arrangements for orders with a total value of less that the minimum amount will be subject to a surcharge of euro 85.00.

3.2. Sales orders must be in writing and delivered by e-mail or online. Duplication of orders must be avoided at all costs. Costs incurred due to any resulting double shipment, will be at the purchaser's expense.

3.3. All delivery costs are estimated and may be subject to change at RESTAURANTFURNITUREDIRECT's discretion.

4 The Sale of Samples

4.1. It is possible to order samples of single items. RESTAURANTFURNITUREDIRECT reserves the right not to send specific collection items as samples (e. g. settees, sun loungers). For delivery of such samples within the EU, shipping and packing will be charged at the minimum rate.

5 Packing, Assembly

5.1. All merchandise is protected by warehouse packing and will be additionally protected by special transport packing suitable for shipment. The costs of the special transport packing are included in the sales price.

5.2. The Customer is responsible for disposing of the packing materials at his/her own expense.

5.3. In order to save on shipping costs, some items will be delivered unassembled and need to be assembled by the Customer. RESTAURANTFURNITUREDIRECT is not liable for faulty assembly by the Customer. If the assembly instructions supplied prove faulty and lead to an inability to correctly assemble the parts, then RESTAURANTFURNITUREDIRECT's liability is limited to the supply of correct assembly instructions.

6 Terms of Payment

6.1. The total invoice amount must be paid in advance.

6.2. For ongoing business, the Customer may apply for a customer account, with a credit limit to be agreed. The processing of such an application will take approximately 3 weeks. The credit limit will depend on the Customer's creditworthiness. The Customer must agree to pay all invoices within 14 days. If this deadline is not met and RESTAURANTFURNITUREDIRECT has to send a first reminder, RESTAURANTFURNITUREDIRECT will have the right to freeze the credit line until the outstanding balance has been paid. If a second reminder has to be sent, RESTAURANTFURNITUREDIRECT has the right to cancel the credit limit completely. RESTAURANTFURNITUREDIRECT will then also have the right to refuse any further deliveries to the Customer on a credit basis.

6.3. When payment deadlines have not been kept, RESTAURANTFURNITUREDIRECT reserves the right to demand interest at 8% p.a. over the existing base rate on the outstanding balance, from the date of the first reminder. RESTAURANTFURNITUREDIRECT is also entitled to claim for any additional damages it may incur as a result of late payment.

6.4. The Customer only has a right of offset when his objections have been either legally determined, have been accepted by RESTAURANTFURNITUREDIRECT or are not contested by them. The Customer can only apply a lien on merchandise in respect of claims arising from the same contract.

7 Delivery Dates

7.1. Orders will not be processed until payment has been received by RESTAURANTFURNITUREDIRECT . Because of the effect on transport, delivery dates such as "on arrival at the purchaser" are not binding.

7.2. Should delivery be delayed by RESTAURANTFURNITUREDIRECT for good reason, then RESTAURANTFURNITUREDIRECT shall not incur any liability whatever for damages due to negligence. Should the purchaser set a reasonable deadline after there has been a delay in delivery, then he is entitled to withdraw from the contract should delivery be again delayed. The Customer shall only be entitled to a claim in respect of non-fulfilment in the event of RESTAURANTFURNITUREDIRECT 's gross negligence, or if it can be shown that the delays were intentional on RESTAURANTFURNITUREDIRECT 'S part. Furthermore, RESTAURANTFURNITUREDIRECT 's liability is limited to 50% of any actual damage incurred. RESTAURANTFURNITUREDIRECT 's obligation to maintain delivery dates is always conditional upon the Customer's timely and correct fulfilment of his obligations.

7.3. The costs for custom-made items, customised colours and upholstery pieces will become due as soon as confirmation has been sent. The amount of any advance payment therefore is subject to mutual agreement.

8 Risks, Merchandise Shipped to Customers

8.1. Risk of accidental destruction of or damage to the merchandise becomes the responsibility of the Customer as soon as the merchandise leaves RESTAURANTFURNITUREDIRECT's. The same applies should the Customer fail to promptly accept the merchandise.

8.2. Where the sales contract provides for the merchandise to be shipped to the Customer, RESTAURANTFURNITUREDIRECT will instruct a forwarder to ship the merchandise on a c.i.f. basis on behalf of the Customer. The charge to the Customer for such transport shall be in accordance with whichever price valid at the time of shipment and will include shipping insurance and the cost of special transport packing. The shipper will only deliver the merchandise to the address requested by the Customer. He is not required to unload the merchandise, and RESTAURANTFURNITUREDIRECT cannot oblige him to do so.

8.3. The Customer undertakes to check the merchandise immediately upon delivery, for visible damage during shipment and for its completeness and correctness. If merchandise has been damaged or is missing, the Customer must note this on the delivery note and have it confirmed in writing by the driver. After receipt, the Customer is obliged to unpack the merchandise and examine it for possible hidden damage, which might have been caused during transport. The Customer must immediately advise RESTAURANTFURNITUREDIRECT of any such transport damage. The transport packing materials should be kept, in case the merchandise needs to be returned.

8.4. Where the Customer collects the merchandise himself, he is obliged, immediately upon handover, to check its condition, correctness and completeness. Any damage or missing items must be advised to RESTAURANTFURNITUREDIRECT personnel immediately. The shipment is deemed to have been received at this moment. In such cases, the Customer has no claim whatever for any damage arising during transport, and the time limit provided for in § 11.3 hereof does not apply.

9 Delay in Acceptance

Should the purchaser delay, or be unable to confirm, acceptance of the merchandise then RESTAURANTFURNITUREDIRECT is entitled to demand compensation for any resulting loss or damage - in particular for storage and other costs. As regards risk in such cases, see §8.1 above.

10 Retention of ownership

10.1. RESTAURANTFURNITUREDIRECT retains ownership of all merchandise, until the Customer has paid all amounts due to RESTAURANTFURNITUREDIRECT , in respect of current business.

10.2. The Customer is obliged to handle the merchandise with care. The Customer is also responsible for the care and maintenance of the merchandise as prescribed, at his own cost.

10.3. The Customer is obliged to inform RESTAURANTFURNITUREDIRECT immediately of any possibility of any distrait or attachment or similar order being applied to the merchandise by a third party or of any possible damage to, or the destruction of, the merchandise. A change in ownership of the merchandise as well as any changes in the location of the owner must be notified to RESTAURANTFURNITUREDIRECT immediately.

10.4. In the event any breach of contract by the Customer; in particular payment default or failure to comply fully with the terms of § 3 & 4 hereof, RESTAURANTFURNITUREDIRECT has the right to immediately demand the return of the merchandise and to cancel the contract.

10.5 The Customer has the right to sell the merchandise to a third party in the normal course of business. Such sale does not release the Customer from his financial obligations to RESTAURANTFURNITUREDIRECT , and he hereby assigns to RESTAURANTFURNITUREDIRECT, and RESTAURANTFURNITUREDIRECT accepts such assignment, the full amount due from his customer. Although following such assignment, the Customer is still permitted to collect the assigned amounts, RESTAURANTFURNITUREDIRECT retains the right to collect the debt directly as soon as the Customer fails to comply with or is in default of his financial obligations.

10.6 Adapting and altering of merchandise by the Customer is always done in the name and to the order of RESTAURANTFURNITUREDIRECT . In the case of merchandise on which RESTAURANTFURNITUREDIRECT still has a lien, RESTAURANTFURNITUREDIRECT automatically becomes the co-owner of the "new" merchandise on the basis of its value in relation to the total value of the merchandise delivered by RESTAURANTFURNITUREDIRECT . The same also applies to items from third parties when mixed with items which are still the property of RESTAURANTFURNITUREDIRECT.

11 Guarantee

11.1. Only RESTAURANTFURNITUREDIRECT 's descriptions of the characteristics of the merchandise are valid. Public statements, product reviews or advertisements by RESTAURANTFURNITUREDIRECT are not contractually binding descriptions of the merchandise. The colour samples on the website are not binding.

11.2. The duration of the product warranty is 1 year. Warranty is invalid for merchandise which is not used as prescribed or which has been altered.

11.3. The Customer is obliged to check the shipment immediately upon receipt, in order to determine whether the merchandise has been damaged, or whether there is a discrepancy in the nature or quantity of the merchandise. Notification of discrepancies in the quantity or nature of or damage to the delivered merchandise must be in writing and sent to RESTAURANTFURNITUREDIRECT within 14 days of receipt of the merchandise. Failure to do so results in the automatic cancellation of any right to any possible claim under the warranty. As regards any claim, the onus for proving the damage itself, the timing of its discovery and for its timely notification to RESTAURANTFURNITUREDIRECT is on the Customer alone. Failure to timely notify RESTAURANTFURNITUREDIRECT, where thorough and immediate examination of the merchandise could have established the existence of any damage or of any discrepancy in the quantity or in the nature of the merchandise received, will result in the cancellation of any right to any claim under the warranty. Small variations in size, colour and finish do not licence any warranty claim.

11.4. Short deliveries will be corrected. Where merchandise is proved to be defective, RESTAURANTFURNITUREDIRECT has the choice of replacing or repairing it. If neither possibility is possible, then RESTAURANTFURNITUREDIRECT will grant the Customer an appropriate price reduction. RESTAURANTFURNITUREDIRECT has the right to demand appropriate damages from customers who use merchandise which is the subject of a claim without RESTAURANTFURNITUREDIRECT 's specific authority. In case of constructive defects, the Client is bound to refrain from using the merchandise. Claims for damages, especially arising from damage occurring after the merchandise has been delivered, are unacceptable. The packing materials must be kept by the Customer in case the merchandise needs to be returned by him.

11.5 Merchandise may only be returned with RESTAURANTFURNITUREDIRECT 's consent. RESTAURANTFURNITUREDIRECT will not accept the return of items specially assembled or varnished or custom-made. RESTAURANTFURNITUREDIRECT will not accept the costs of repairs not specifically agreed by them.

11.6 RESTAURANTFURNITUREDIRECT does not offer the Customer a guarantee in the legal sense. Manufacturer’s guarantees are not affected by this clause.

12 Final Clause

12.1. The laws of The Republic of Ireland apply.

12.2. Place of performance and jurisdiction for both parties is Dublin, Rep. of Ireland. This applies even when the Customer is located outside the jurisdiction of the Republic of Ireland and even if his location is unknown at the time an action is brought. In any event, RESTAURANTFURNITUREDIRECT has the right to sue the Customer at his place of residence.

12.3 Should any clause in the contract between RESTAURANTFURNITUREDIRECT and the Customer, including these General Terms be, or become, partly or totally invalid, the validity of the remaining terms shall be unaffected. The partly or totally invalid rules shall be deemed to be replaced by valid rules having the closest possible commercial effect.