Terms and conditions
1. Introduction and definitions
1.1 This document (together with any documents referred to in it) tells you the terms and conditions
(the 'Conditions') upon which we will sell the Goods to you. You may print a copy for future
reference.
1.2 So far as the context permits, the following words are defined as set out:
1.2.1 'Business Day' means a day other than a Saturday, Sunday or public holiday when
banks in Dublin are open for business.
1.2.2 'Event Outside Our Control' has the meaning given in clause 14.
1.2.3 'Goods' means the goods listed on our website ('the Website') which we may supply.
1.3 Before confirming your order please read through these Conditions and in particular our
cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at
clause 12.
1.4 By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be
unable to proceed with your transaction if you do not accept these terms and conditions.
2. About us
2.1 This website is owned and operated by Sutherland Interiors ('we'/'us'/'our'). Our place of business
is 1 St. Mary's Road, Ballsbridge, Dublin D04N6C0. Our VAT Number is IE5998655P.
2.2 Our telephone number is 01-6602801.
2.3 Our email address is info@sutherlandinteriors.ie.
3. Overseas orders
This Website is intended only for use by customers resident in the Republic of Ireland. We do not accept
orders for goods from individuals located outside the Republic of Ireland.
4. Eligibility to purchase from the Website
To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18
years of age or over.
5. Price of Goods
5.1 The prices of the Goods are quoted on the order page.
5.2 Prices and any other charges quoted on the order page are based on delivery of the Goods in the
Republic of Ireland unless otherwise specified.
5.3 Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods
will be shown separately on the order page and added to the amount payable by you.
5.4 Unless otherwise stated, the prices quoted include VAT.
6. Payment for Goods
6.1 Payment can be made by any major credit or debit card or by using a PayPal account.
6.2 By placing an order, you consent to payment being charged to your debit/credit card account or
PayPal account as provided on the order form.
6.3 If you pay us by credit or debit card or PayPal account we will take payment from your card or
PayPal account for the Goods when we dispatch the Goods to you.
6.4 We shall contact you should any problems occur with the authorisation of your card or payment
through your PayPal account.
7. Order process and formation of a contract
7.1 Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the
Goods. Your computer may not accurately display the colours of the Goods. Although we aim to
accurately depict our Goods and their packaging, there may be differences between the
packaging and the colours of the Goods delivered to you and those shown on our Website and in
our catalogue and brochure.
7.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Goods
in your order due to matters such as unavailability of stock, materials, key staff or an Event
Outside Our Control or because we have identified a mistake in the description of the Goods or
the price stated by us, we will notify you. We will not proceed with the order and will refund any
sums you have paid us.
7.3 If the Goods are temporarily unavailable, we will notify you by email of the date they are expected
to be available. You will have the option either to wait until they are available or to cancel your
order. If you cancel your order, we will refund any sums you have paid us.
7.4 Any order placed by you for the Goods constitutes an offer to purchase them from us.
7.5 You agree that if we contact you to acknowledge receipt of your order such communication shall
not amount to our acceptance of your offer to purchase the Goods.
7.6 A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched
the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which
that Confirmation Notice relates.
7.7 A contract between you and us for the supply of the Goods (the 'Contract') incorporating the
version of these Conditions in force at the time of your order will come into existence when we
send you the Confirmation Notice relating to your order. You may print and keep a copy of the
Confirmation Notice for future reference.
7.8 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes,
please contact us to discuss this. If you request a change, we will tell you if that is possible and
about any changes to the price, delivery or performance dates or any other changes that we need
to make as a result of your request. We will ask you if you wish to go ahead with the change.
7.9 We may make
7.9.1 minor technical adjustments to the Goods to improve them or to comply with relevant
laws and regulatory requirements,
7.9.2 changes to these Conditions as a result of changes in any relevant laws and regulatory
requirements,
7.9.3 changes to these Conditions as a result of changes in how we accept payment from
you,
7.9.4 changes in the amount payable by you to the extent of any changes in the VAT included
in the price or payable in relation to the price.
7.10 If we make any changes in accordance with clause 7.9 we will give you written notice of the
changes before we supply the Goods. You can choose to cancel the contract if the change would
be significantly to your disadvantage.
7.11 Any variation to these Conditions which have been incorporated into the Contract or to the
Contract other than those mentioned in clause 7.9 shall only be binding when agreed in writing
and signed by you and us.
8. Delivery
8.1 The Goods will be delivered to you at the address you provided during the order process which
may be an address other than the billing address.
8.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will
take place as soon as reasonably possible, but in any event within 30 days of the date of the
Confirmation Notice, unless there is an Event Outside Our Control, in which case clause 14 shall
apply.
8.3 If you have agreed to collect the Goods from our premises,
8.3.1 you must collect the Goods during our working hours of 10-6 on or within 3 Business
Days of the date we notify you that the Goods are ready for collection,
8.3.2 delivery shall occur at our premises when we hand the Goods to you.
8.4 Unless clause 8.5 applies, if we have agreed to deliver the Goods to a delivery address which you
have given us, delivery shall occur when we place the Goods in the physical possession of you or
anyone you have identified to us as the person authorised by you to take delivery of the Goods.
8.5 If you have asked us to use an independent carrier other than our normal carrier to deliver the
Goods to you, delivery shall occur when we deliver the Goods to that carrier.
8.6 You must examine the Goods within a reasonable time after arrival and let us know as soon as
reasonably possible if they are faulty, damaged or not as described.
8.7 If no one is present at your delivery address to take delivery, we will advise you of our attempted
delivery. You must then contact us to make arrangements for us to deliver the Goods.
8.8 We may end the contract with you and charge you for any extra storage costs we have incurred if
8.8.1 you have arranged to collect the Goods but do not do so within 14 Business Days of the
date we notify you that they are ready for collection, or
8.8.2 we have agreed to deliver the Goods, you have not been available to take delivery on
the date we agreed to deliver them, and we have not been able to re-arrange delivery
within 14 Business Days of the original delivery date.
8.9 For Christmas deliveries, we recommend that you check the Website for the last order date. We
will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot
guarantee delivery by 24 December.
9. Risk and title
9.1 The Goods will be at your risk from the time of delivery.
9.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in
respect of them including VAT and the cost of delivery.
10.Cancelling your Contract and returns
10.1 Cancelling before Confirmation Notice
10.1.1 You may cancel your order for the Goods by notifying us of your decision to cancel at
any time prior to us sending you a Confirmation Notice.
10.1.2 You may notify us of your decision to cancel your order prior to us sending you a
Confirmation Notice by sending a statement saying that you wish to cancel quoting your
name, address, and your order reference number by:
10.1.2.1 Telephone on 01-6602801
10.1.2.2 Email at info@sutherlandinteriors.ie
10.1.2.3 Post at 1 St. Mary's Road, Ballsbridge, Dublin D04N6C0
10.2 Cancelling after Confirmation Notice
10.2.1 The 'Cancellation Period' means the period between the date we send you a
Confirmation Notice and the expiry of 21 calendar days after the day you receive the
Goods.
10.2.2 Subject to clause 10.5, you may cancel the Contract at any time during the Cancellation
Period by notifying us of your decision to cancel.
10.2.3 You may notify us of your decision to cancel your Contract by sending a statement
saying that you wish to cancel quoting your name, address, and your order reference
number by:
10.2.3.1 Telephone on 01-6602801
10.2.3.2 Email at info@sutherlandinteriors.ie
10.2.3.3 Post at 1 St. Mary's Road, Ballsbridge, Dublin D04N6C0
10.3 Return of Goods
10.3.1 Upon receiving notice of your cancellation, we will contact you and provide details of
where you must return the Goods and other relevant instructions. You must then return
the Goods to us without delay and at the latest within 14 days of notifying us of your
cancellation.
10.3.2 You must return the Goods at your own risk and at your own cost unless we offer to pay
the cost of return. We may offer to collect the Goods from you and charge you for the
cost of collecting the Goods. If we offer to collect the Goods, we will contact you to
ascertain whether you agree to us collecting the Goods, whether you agree to pay the
costs of collection if we are charging you for collection, and if so, to make arrangements
for collection. If you agree to pay the costs of collection, we may deduct this from any
sum we owe you.
10.3.3 If the value of the Goods is reduced as a result of your handling of them beyond what is
necessary to determine the nature, characteristics or functioning of the Goods, we will
be entitled to claim this reduction in value from you and to deduct it from any money
which you have paid us.
10.4 Refunds on cancellation
10.4.1 So long as you are entitled to cancel and have complied with your obligations under
clauses 10.2 and 10.3, we will refund you the balance of the price and any standard
delivery costs you paid to us after deducting:
10.4.1.1 any reduction in the value of the Goods in accordance with clause 10.3.3;
and
10.4.1.2 any cost to us of collecting the Goods (if applicable).
10.4.2 If the Contract is for the supply of goods only, or for goods and services with the main
purpose being the supply of goods, unless we have agreed to collect the Goods from
you, we will refund you the sum in clause 10.4.1 within 14 days after the earlier of:
10.4.2.1 the day on which we receive the Goods back from you, or
10.4.2.2 the day on which you supply evidence to us that you have sent the Goods
back to us.
10.4.3 If the Contract is for the supply of goods only, or for goods and services with the main
purpose being the supply of goods and we have agreed to collect the Goods from you,
we will refund you the sum in clause 10.4.1 within 14 days of our receipt of your
cancellation notice.
10.4.4 We will refund you the sum in clause 10.4.1 using the same method of payment used by
you, unless you agree to a refund by a different method of payment.
10.5 Exception to the right to cancel
You will not have a right to cancel in the following situations:
10.5.1 The Contract is for goods which are bespoke or have been personalised or which may
deteriorate (such as food).
10.5.2 The Contract is for goods and/or services the price of which is dependent on
fluctuations in the financial market which cannot be controlled by us.
11.Complaints
If you have a comment, concern or complaint about any Goods you have purchased from us, please
contact us by telephone on 01-6602801, by email at info@sutherlandinteriors.ie or by post at 1 St. Mary's
Road, Ballsbridge, Dublin D04N6C0.
12.Liability and indemnity
12.1 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure
that
12.1.1 the Goods are as described in the contract
12.1.2 the Goods correspond to any samples we have sent you
12.1.3 the Goods are fit for any purpose you specifically told us they were required for, and are
not faulty
12.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this subclause.
Nothing in these Conditions affects your legal rights if these duties are not complied with.
You can obtain advice about your legal rights from Citizens Information if you need to.
12.3 We cannot exclude or limit our responsibility to you for:
12.3.1 Death or personal injury resulting from our negligence or the negligence of our
employees
12.3.2 Fraud or fraudulent misrepresentation
12.3.3 A claim for a defective product against us if we do not give you the name of the person
who supplied the product to us within a reasonable time of your request for us to do so.
12.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us
of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both
we and you knew it might happen, for example, if you discussed it with us during the sales
process. We are not responsible for unforeseeable losses.
12.5 You are purchasing the Goods as a consumer. If you purchase the Goods for any business
purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of
contracts, loss of business opportunities, loss of management time, loss of business data or
losses due to interruption of your business.
12.6 We will not be responsible for any delay in delivering the Goods if
12.6.1 we have asked you to provide specified information that is necessary for delivering the
Goods and
12.6.2 you have failed to provide complete and accurate information or you have provided
such information later than the date we have asked you to supply it by.
12.7 We will not accept liability for any damage caused by pre-existing defects in any fittings, walls,
pipes, wiring, gas installations in your premises or to any goods to which we connect or install or
attach the Goods unless we have been negligent in not realising that such damage may occur or
in the way we did the work.
13.Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us
when due and you still do not make payment within 14 days of us reminding you that payment is due.
14.Events outside our control
14.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in
delivery or performance of our obligations to you resulting from any act, event, omission, failure or
accident outside our reasonable control ('Event Outside Our Control').
14.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which
arises from an Event Outside Our Control.
14.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us
in performing our obligations to you, giving details of it and (where possible) the extent and likely
duration of any delay.
14.4 Our performance will be deemed to be suspended for the period that the Event Outside Our
Control continues.
14.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will
then refund you any money you have paid to us under the Contract for the Goods which we have
been unable to deliver to you.
15.Use of personal data
15.1 We envisage that we will request personal information from you whilst you use our website. This
information will only be requested and processed in accordance with our PRIVACY POLICY, which
can be found at https://www.sutherlandinteriors.ie/privacy-policy
15.2 In brief, we will act fairly in connection with personal information requested from you, when we
request information we will alert you to our PRIVACY POLICY, and unless the information is
necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only
process it with your consent. Before receiving your information we'll endeavour to provide the
information required by the GDPR.
16.Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the
Contract has no right to enforce any term of the Contract but this does not affect any right or remedy of a
third party that exists or is available to them.
17.Alternative Dispute Resolution
17.1 In the event of a dispute concerning these Conditions or the Contract, including their interpretation
and their application to the circumstances giving rise to the dispute, you or we may also refer such
a dispute to the Online Dispute Resolution platform, the link for which is
http://ec.europa.eu/consumers/odr/.
17.2 The business email address to be used to notify us in the case of a dispute is
18.Other important terms
18.1 We reserve the right to change the domain address of this Website and any services, products,
product prices, product specifications and availability at any time.
18.2 Every effort is made to keep information regarding stock availability on the Website up to date.
However, we do not guarantee that this is the case, or that stock will always be available.
18.3 If any provision of these terms and conditions is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of the Contract and the
remainder of the provision in question will not be affected.
18.4 All Contracts are concluded in English only.
18.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your
obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights
or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with your obligations.
18.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.Governing law
These Conditions and the Contract are governed by the laws of Ireland. However, if you live outside
Ireland but within the EU, you are always entitled to any compulsory consumer protections applicable in
the country where you live.
20.Governing jurisdiction
You can bring legal proceedings in respect of the Goods in the courts of Ireland. If you live in another
country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your
home country or Ireland.