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TheDandys.ie - Consumer Terms & Conditions of Sale

These terms conform to the Consumer Protection (Distance Selling Regulations) 2000 (the “DSR's”) and other relevant consumer protection legislation.


PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER. PRINT AND RETAIN A COPY OF THEM TOGETHER WITH YOUR ORDER FOR FUTURE REFERENCE.

1. Format of the Contract
These terms of sale apply to all goods supplied by TheDandys.ie

No contract exists between you and TheDandys.ie for the sale of any goods until The Dandys has received and accepted your order and has received payment in full (in cleared funds). Once The Dandys does so, there is a binding legal contract between both parties.

Access and use of this website, together with the sale and the purchase of products from the site, are governed by the terms and conditions set out below. By using the site you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information. A contract between TheDandys.ie and the customer will exist once an order has been accepted, processed, dispatched and received.

Disclaimer

To the fullest extent permitted at law, The Dandys ( Derrynoose ) Ltd. is providing this website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, The Dandys ( Derrynoose ) Ltd. does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. Except as specifically stated on this website, to the fullest extent permitted at law, neither  The Dandys ( Derrynoose ) Ltd. nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Our website images, descriptions and colours are subject to change and are for illustration only.

Fulfilment

Due to the nature of our business, stock availability cannot be guaranteed. If your goods are in stock the order will be shipped in order to reach you within 5 working days. Once you have placed an order with TheDandys.ie an email will be sent to you confirming your order details. A second e-mail will be sent once your order has been dispatched. It is important that you give us a valid email address so you can receive these emails. TheDandys.ie is not responsible for missed communication due to incorrect contact details being submitted.

TheDandys.ie reserve the right to accept or reject any order at our absolute discretion. Whilst we try to ensure that prices are accurate, TheDandys.ie reserve the right to correct the prices if we discover an error. In this event, you will be entitled to cancel your order or re-confirm it at the correct price. Cancellation of orders, given the nature of electronic commerce, is not possible online. If you would wish to cancel an order before it is dispatched please contact us on 048 37 531 045 from ROI or 028 37 531 045 from N Irl or 0044 2837 531 045 from International. If you are unhappy with your goods once they have arrived, you are entitled to return them for a refund or replacement. For our full returns policy please click ** Insert link to TheDandys.ie/returns Please check the order confirmation screen carefully before completing your order.

Price of Goods

Description and price of the goods 
The description and price of the goods you order will be as shown on The Dandys.ie website at the time you place your order.

The goods are subject to availability. As a few of The Dandys suppliers import goods from manufacturers, some of the goods you have ordered may not be available from stock for immediate despatch. The delay in stocking will only be a few days, but in certain instances, it may be longer, particularly if there has been an unexpected demand, shipping delays or manufacturing problems. The Dandys will inform you as soon as they are made aware of such delays and will give you the opportunity to either cancel the contract, with a full refund, or to extend the term of the contract until delivery of the goods can be made. Although The Dandys will try to give you the best information available to them, they do not accept any responsibility for the correctness of the information provided. Any decision to extend the length of the contract lies with you. The Dandys reserve the right to change the brand of product provided but will only do so with a product of similar quality or better. This will only be done at times when our suppliers are out of stock of the advertised brand.

In some circumstances, The Dandys suppliers may discontinue products, may reduce the availability of an item to specific times of the year or modify the products shown on the website, without informing us in advance. As soon as this information is determined, The Dandys will contact you to offer the choice of cancellation of the contract, with a full refund or the extension of the term of the contract until delivery of the goods can be made. The Dandys may also offer a close replacement product offer where one is available however it will be the decision of the customer as to whether they want to accept this offer or not.

The prices shown on The Dandys website are the only prices valid when placing an order. Every effort is made to ensure that prices shown are accurate at the time you place your order. If an error is found, The Dandys will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. Any pricing error shown in catalogues, whether printed or virtual and/or leaflets are overridden by the prices shown on The Dandys website.

From time to time, The Dandys may offer products at a special promotional price and the website prices will be changed to the promotional price for the duration of the promotion. The end date of the promotional price will be stated on the promotional medium and orders placed after this date will be subject to the usual price. Short term promotional prices may be featured in catalogues, leaflets or e-mail promotions, will be stated to be short term promotional prices and the website price will only be valid until the stated date on which the promotion ends. If you choose to cancel for the stated length of the promotion.

In addition to the price of the goods most dispatches are subject to a packaging and delivery charge

The price listed on the website for TheDandys.ie 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 listed on the website without notice. These changes may be to take account of any increase in our supplier’s prices, a promotional price change, 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.

Typographical Errors

In the event that The Dandys ( Derrynoose) Ltd. product is mistakenly listed at an incorrect price, The Dandys ( Derrynoose) Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Dandys ( Derrynoose) Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit / debit card has already been charged for the purchase and your order is cancelled, The Dandys ( Derrynoose) Ltd. shall issue a credit refund to your credit card account. 

The pricing on the website may vary between search results pages, product pages, partner websites and in store prices, however we make every effort to ensure the prices on our website are correct. The final price of a product is displayed in the basket before you confirm your purchase, on TheDandys.ie

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Dandys ( Derrynoose ) Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Cancellation of Paid for Credit Card Orders.

We will always try to be reasonable about this but please understand that when a Credit Card Transaction (Your Original Order) is placed online via the System that we are immediately charged 2% commission by the Credit Card Company and that they do not return this when we do a refund. We would therefore be at the loss of this 2%. 
Orders that have been paid for but not shipped are subject to a Credit Card Cancellation fee of 2%. A Credit note will be issued to you for Orders that have been ordered & paid for but not shipped. You can use this Credit Note to purchase an alternative product from our store.

Reporting Damages or Missing Goods. These must be reported immediately in writing when the goods are received and signed for by you. If you are not satisfied with the goods or the packaging etc then please do not sign for the goods and ask the courier to return them. Please photograph the Packaging and the goods and Email them to us at info at Sales@TheDnadys.ie

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the Republic of Ireland and UK Law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Dandys ( Derrynoose Ltd. products) shall be in the Republic of Ireland and or UK. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Dandys ( Derrynoose ) Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. The Dandys ( Derrynoose ) Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  The Dandys ( Derrynoose ) Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Payment 

Payment for the goods and delivery charge can be made by any method shown on The Dandys website. Should the method of payment not be accepted by The Dandys card processing company, you will receive notice of this and be given the opportunity to resubmit payment details or cancel your order.

All payments are taken through a secure payment method and a secure card processing company retains all credit card and debit card details.

Full payment will be taken on receipt of your order and there will be no delivery until cleared funds are received. This will apply to the value of your full order, even should there be a delay in shipping your order or part of it, as stated  above.

Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by The Dandys to you.

Delivery

Standard Delivery 

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, The Dandys will not be liable for any loss or damage suffered by you through unavoidable delay in delivery. In this case, The Dandys will inform you when they are aware of a delivery problem. The goods you order will be delivered to the address you typed into the delivery box when you placed your order. The Dandys accepts no responsibility for any errors or omissions you make in the delivery address, which may delay or prevent delivery by our carriers.

Delivery in the United Kingdom will be made by either Fastway Couriers, DPD Couriers or Royal Mail, dependent on the weight and dimensions of the packed parcel(s). The Dandys accepts no further responsibility for the delivery of the parcel once the carrier, either in terms of date or time delivered, collects it. Furthermore, The Dandys will not be liable for any compensation for inconvenience or delay or any additional costs, which you may incur to obtain the goods. However, The Dandys will make efforts to help you to locate and achieve delivery of the parcel(s).

If delivery cannot be made to your address for reasons under the control of The Dandys, then The Dandys will inform you as soon as possible and refund you for any sum that has been paid by you for delivery.

If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of The Dandys) then without prejudice to any other right or remedy available to The Dandys , The Dandys may:

  • Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
  • Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

If you fail to take delivery because you have cancelled your contract under the DSR's, The Dandys shall refund you as soon as possible and within 30 days for any sum that has been paid by you, less any expenses incurred for failed delivery.

Time for delivery shall not be of the essence. The Dandys will make efforts to supply and despatch goods as you have requested. However, the goods may be delivered by The Dandys in advance of the quoted delivery date.

Upon receipt of your order you may be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time, please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

5. Bulk Bag  /  Pallet Delivery

Delivery is made within 3-4 working days.

Customers are given the option to request a specific delivery date at after ordering and the Company will always try to meet these requests, with over 98% of deliveries being fulfilled on the dates requested.
The Dandys offers fast delivery (within 3-4 working days) to England Scotland and Wales with a charge applied at checkout

There are some postcodes in the UK that the company do not deliver to at the advertised rate, e.g Isle of Wight, KA 27 -28, PA 20+, IV 41 - 51, HS 1 - 2.  Please contact us to confirm before ordering. The company reserve the right to cancel orders that are charged at a higher delivery rate.

Regrettably there are extra charges for next working day and weekend deliveries.

The company will make every effort to deliver products ordered on the agreed date, but, if for any reason the company is unable to deliver then no liability will fall to the company; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.

Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the point of delivery.

The company will not accept any liability for damages to property caused during delivery whereby the customer has instructed drivers or have made requests for goods to be placed anywhere other than on the kerbside.

In cases of damage caused by a third party employed by The Dandys, the Customer will be given contact and insurance details of the third party in order to make any claims for damages or insurance claims direct with the supplier.

The customer understands that the company can only guarantee a kerb or road side delivery and that ultimately they are happy for goods to be left in this manner.

Customers should be aware that in some parts of the UK it is necessary to obtain a permit to have goods delivered to the kerb or road side.

If the customer requests delivery to somewhere other than the kerb or road side then they must be aware that this may not be possible and that they must take a kerb or road side delivery in the face of this.

If delivery to specified point is achievable then the customer must ensure that any access routes or end points the delivery vehicle must travel on can withstand the weight of a vehicle which weighs 7.5 tonnes or more.

Loose loads of product can be delivered on a vehicle with a gross vehicle weight of 32 tonnes or more - depending on the load size. It is therefore the customer’s responsibility to find a suitable delivery point for products to be tipped off a vehicle in this instance.

The Company’s delivery vehicles DO NOT drive across fields or unmade roads.

If the customer wishes to have a delivery across a field then they will become liable for any damages made to the vehicle. If vehicles become stuck when crossing fields etc. under the customer’s instruction then the customer must arrange to have the vehicle towed out, at their cost, immediately.

The cost of a vehicle being held up in this or a similar manner will be charged to the customer at a rate of £40 + VAT per hour.

If a customer wishes for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other.

If the company or its agent cannot gain access to the delivery address then additional costs may be incurred and shall ultimately fall to the customer.

Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail.

In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order.

This above action must be completed before 2.00 pm on the day prior to delivery.

E-mail confirmation of orders also request the customer to contact the company if they suspect a delivery problem may occur.

Delivery vehicles generally use tail lift offloading (for bulk bags or small bags) or tipping mechanism (in the case of loose loads). Occasionally deliveries are made by hiab crane or fork lift truck though this is not a guaranteed service and should not be expected.

The delivery vehicle must be able to park in an area where the delivery is to be made; they cannot park in any red zones or on restricted parking. The customer understands that parked cars and vehicles may have to be moved in light of this.

In the case of our tail lift (kerb or road side) offloading vehicle a pallet truck is then used to manoeuvre the items off the tail lift to the kerbside delivery point.

The customer understands that, as kerb or road side deliveries are made using a manually manoeuvred pump truck, it is not possible to leave goods on uneven surfaces such as gravel, grass or on hills or slopes of any kind.

It is also not possible to lift goods over any walls, fences, hedges etc.

It is essential that the customer, or somebody appointed by the customer, be at the delivery point to accept the delivery, check the goods and sign for the delivery.

The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances.

If products are out of stock then the company also reserve the right to cancel or hold delivery of orders in this situation.

If delivery is attempted and deemed not possible due to lack of information provided by customer, or customer’s failure to read or consider delivery information and restrictions then the customer will become liable for re-delivery charges and/or re-routing costs.

These costs are €60 + VAT per pallet.
We will endeavour to deliver the Products to you within 3 – 5 working days of your Account order within the island of Ireland, where this is practical. However, Products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the Product/s. In these circumstances, we will refund any money paid by you for those Products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those Products. At the time of delivery you may be required to validly sign-off on the delivery of the Products, after which time the Products become your sole responsibility.

 

 Risk/Title 

The goods are at your risk from the time of delivery.

Ownership of the goods shall not pass to you until The Dandys  has received in full in cleared funds all sums due to it in respect of:

  • The goods
  • All other sums which are or which become due to it from you on any account.

The Dandys shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods have not passed from The Dandys.

Warranty 

All goods supplied by The Dandys are warranted free from defects for 12 months from the date of supply (unless otherwise stated by the manufacturer). This warranty does not affect your statutory rights as a consumer.

This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail or postal address shown below within 7 days.

If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail or postal address shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

Limitation of Liability 

The Dandys 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 this agreement shall be limited to the price paid for the goods.

Nothing in these conditions excludes or limits the liability of The Dandys for death or personal injury caused by The Dandys negligence or fraudulent misrepresentation.

If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

Website: Use & Security

You are entirely responsible for any and all activities in your use of the site. You agree to notify us immediately of any unauthorised use or any other breach of security.

Website: Privacy & Data Use

Data Protection 
The Dandys will take all reasonable precautions to keep the details of your order and payment secure but unless The Dandys is negligent, The Dnadys will not be liable for unauthorized access to information supplied by you. No data, including addresses, telephone numbers, and email addresses will be released or sold on to any third party.

Applicable Law 
These terms of sale and the supply of the goods will be subject to U.K. law and the British courts will have jurisdiction in respect of any dispute arising from the contract.

In order to provide you with a smooth, efficient and personalised experience, we collect some information relating to your usage of our site. This allows us to provide services and features that most likely meet your needs, and to customise our service to make your experience easier and quicker. Please note, the following cookie policy applies to TheDandys.ie and all subdomains.

Cookies

Cookies are tiny text files stored on your computer when you visit certain web pages. At TheDandysie  we use cookies to keep track of what you have in your basket, and to remember you when you return to our site.

Please note that cookies can't harm your computer. We don't store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site.

How to Manage Cookies

We use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org for detailed guidance.

Cookies set by Third Party Websites

We sometimes embed video content from websites such as YouTube. As a result, when you visit a page with content embedded from, for example,YouTube, you may be presented with cookies from these websites. TheDandys.ie does not control the dissemination of these cookies. You should check the relevant third party website for more information about these.

Email Tracking

Some emails we send we put in tracking so that we can tell how much traffic those emails send to our site – e.g. our special offers emails. Some emails we can track, at an individual level, whether the user has opened and clicked on the email. We rarely use the latter information at a personal level, rather we use it to understand open and click rates on our emails to try and improve them. If you want to be sure that none of your email activity is tracked then you should opt out of TheDandys.ie emails which you can do via the ‘Unsubscribe’ link in the footer of every promotional email we send.

Our Use of Your Information

We use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyse site usage, to improve our content and product offerings and to customise our site's content, layout, and services. We believe these uses allow us to improve our site and better tailor it to meet our users' needs.

We use your email address to send you newsletters or other communications that you have requested from the Site. Out of respect for our users we offer an opt-out via the ‘Unsubscribe’ link in the footer of every promotional email we send.

We also share some customer information (email address and items ordered) with our Partner ENTER NAME OF PARTNER COMPANY , who send out emails on our behalf asking for feedback on our products and services. There is an option to unsubscribe from these emails in the email content itself. ENTER NAME OF PARTNER COMPANY are not allowed to use this information for any other purposes.

Website & Use

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 TheDandys ( Derrynoose ) Ltd. Any copying, transmission or re-transmission of the same requires the prior written approval of The Dandys ( Derrynoose ) Ltd.

Claims

When you purchase online, you have a statutory right to return a product (other than perishable produce or a special order) up to 14 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). Any breakages or damage must be reported within 24 hours of purchase/delivery. For our full returns policy please click **Please insert link to TheDandys.ie/returns

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.

 

Safety

If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained there in at all times. Any information contained on the website 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.

 

Age of Users

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use TheDandys.ie without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the The Dandys ( Derrynoose ) Ltd. websites, we will remove that information as soon as possible.

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.

General

We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

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