Terms & Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in
any
way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may
purchase
Goods. We look forward to seeing you again when you are over 18. We are: EZ LIVING FURNITURE
(TERRYLAND FURNITURE CENTRE UNLIMITED COMPANY VAT No 8266322E)
Our address is: MILL HOUSE, 10 MILL STREET, GALWAY
You are: a visitor to our Website or our customer
Contents
1. Definitions
Carrier
Any person or business contracted by us to carry Goods from us to you.
Consumer
Any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
Carrier
Any person or business contracted by us to carry Goods from us to you.
Consumer
Any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
2. Interpretation
- A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.
- These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organization involving that party.
- The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers for the provision of some of our Goods, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we despatch the goods to you.
- At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on Our Website.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Prices include Irish value added tax (“VAT”).
- Sale special price applies to stock items only. Sale special prices do not apply to custom made items.
- If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. These service providers are Stripe and PayPal.
7. If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in the Consumer Rights Act 2022. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
- As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogs.
- You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
- The option to cancel your order is not available:
- If you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- If the goods become mixed inseparably (according to their nature) with other items after delivery.
- If you decide to cancel your order within 14 days after we have despatched the Goods, you have a further 14 days in which to return the Goods.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
- If the Goods you return show any sign of damage then we shall be entitled to deduct the cost from your refund money.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
- To assist us in identifying your Goods on receipt by us, we ask you to provide a telephone number for a return reference to be placed below our address/returns label.
This paragraph does not affect your rights in the event that the Goods are faulty.
8. Delivery and pick up
Goods are delivered as soon as possible from the day you place an order to purchase the Goods.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail or phone to arrange another date for delivery.
- We may deliver the Goods in installments if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimize your inconvenience.
- Signing "Unchecked", "Not Checked" or similar is not acceptable.
- Goods are sent via An Post, EZ Living Furniture’s Home Delivery Service or via a third-party courier. We will send you a message by email to tell you when we have despatched your order.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
If you pick up Goods from our premises then:
- We will not be able to assist you in loading heavy items.
- Goods are at your risk from the moment they are picked up by you or your Carrier from our shop/warehouse.
- You agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9. Liability for subsequent defects
- The defect must be reported to us within three days of becoming apparent.
- The defect results only from faulty design or manufacture.
- You have returned the defective Goods or parts to us if we have so requested.
If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations:
- We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs, and sockets.
- The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
- So far as possible, Goods should be returned:
- With both Goods and all packaging as far as possible in their original condition.
- Securely wrapped.
- Including our delivery slip.
- At your risk and cost.
- Detailed instructions for returning faulty Goods are on Our Website at http://www.ezlivingfurniture.ie/returns-policy. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
- In returning faulty Goods please include a note clearly stating the fault and when it arises or arose.
- Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
- If delivery was made to Irish address, you are also protected by the Supply of Goods and Services Act 1980.
- If we agree that the Goods are faulty, we will:
- Refund the cost of return carriage.
- Repair or replace the Goods as we choose.
11. Waste Management Acts 1996 to 2007
- We at EZ Living Furniture have undertaken a waste implementation plan to reduce waste and increase the percentage of packaging recycled.
- As part of this plan, we now offer a service where we remove all unwanted packaging under our assembly service.