Terms & Conditions of Use
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
This is a site operated by Element Six Ltd (we). We are registered in Ireland under company number 365394 and have our registered office at Shannon Airport, Shannon, County Clare, Ireland. Our main trading address is Shannon Airport, Shannon, County Clare, Ireland. Our VAT number is IE 6385394E.
2. SERVICE AVAILABILITY
Our site is not intended for use by people resident in the USA and we do not accept orders from individuals or legal entities in the USA.
3. YOUR STATUS
By placing an order through our site, you warrant that:
i. You are legally capable of entering into binding contracts; and
ii. You are at least 18 years old;
iii. You are not resident in the USA; and
iv. You are accessing our site from outside of the USA.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 The Buyer shall place an order to purchase a product by placing an email Order on the website and the Seller shall send you an Order Confirmation Email confirming receipt of the order and containing details of the order made.
4.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order, including any applicable specification, submitted by the Buyer, and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
4.3 If the goods are to be manufactured or any process is to be applied to the goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.
4.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller.
4.5 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an invoice by e-mail that confirms that the Product has been dispatched (this constitutes the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.1 Delivery of the Product shall be made by the Seller delivering the Product via a courier, the cost of which is defined on our website.
5.2 Any dates quoted for delivery of the Product are approximate only and the Seller shall not be liable for any delay in delivery of the Product whosoever caused. The goods may be delivered by the Seller in advance of the quoted delivery date. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing.
5.3 Where the Product are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
5.4 Any claim for shortage in delivery must be notified to the Seller in writing within 2 days of the date of receipt of the Product by the Buyer.
6. PRICE AND PAYMENT
6.1 The price of the Products shall be the Seller's quoted price on the website. This price shall be quoted on the Dispatch Confirmation accepting the Buyer's order. The cost of any applicable shipping and VAT will also be quoted on the Dispatch Confirmation.
6.2 The prices quoted on the Dispatch Confirmation are exclusive of any additional insurance costs incurred by the Buyer on delivery. Customs duties, clearance charges or equivalent duties shall also be for the account of the Buyer.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 In the event the Buyer is not an existing customer of ours, and/or does not have an established trading account with us, payment for all Products must be by credit card through Paypal. Your credit card will be charged immediately you place the order.
6.7 In the event that the Buyer is an existing customer of us, and has an established trading account with us, the following shall apply with regard to payments:
6.7.1 The Seller shall be entitled to invoice the Buyer for the price of the Products, and any VAT applicable on dispatch of the Products, unless the Buyer wrongfully refuses to take delivery of the Products, in which event the Seller shall be entitled to invoice the Buyer at any time after the Seller has tendered delivery of the Products.
6.7.2 The Buyer shall pay the price of the Products purchased in full within an agreed number of days of the date of the Seller's invoice, notwithstanding that delivery may not have taken place and the property in the Product has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract.
6.7.3 Payment shall be made in US Dollars or such currency as may be agreed by the Parties.
6.7.4 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
a. cancel the contract or suspend any further deliveries to the Buyer;
b. appropriate any payment made by the Buyer to such of the Product as the Seller may think fit; and
c. charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2 percent per annum above Central Bank of Ireland base rate from time to time, until payment in full is made.
6.7.5 Notwithstanding any other term or condition herein and in particular notwithstanding any period of credit extended to the Buyer under any agreement made pursuant to clause 5.2 herein, the Seller may, in its sole discretion, refuse to accept further orders from the Buyer or refuse to make further sales to the Buyer. Further the Seller may, in its sole discretion, refuse to accept orders from the Buyer. Any decision made by the Seller in the exercise of its sole discretion as provided for in this sub-clause shall not, and shall not be deemed to, prejudice, limit, hamper or affect any subsequent exercise by the Seller of its sole discretion.
7 RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
i. in the case of goods to be delivered to the Buyer at the Seller's place of business or delivered to a courier at the Seller's place of business, at the time when the Seller notifies the Buyer that the Goods are available for collection or that the goods have been dispatched with a courier; or
ii. in the case of goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the goods.
7.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. Until such time as the property or the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee and shall keep the goods separate from the goods of the Buyer and third parties, and shall keep the Seller's goods properly stored, protected and insured and identified on the Buyer's property, but shall be entitled to use the goods in the ordinary course of business. The Buyer hereby irrevocably authorizes the Seller or its representatives to enter upon the Buyer's premises where the goods are stored, or are thought to be stored, for the purpose of repossessing them and, if the Seller so chooses, subsequently reselling them.
8 WARRANTIES AND LIABILITIES
8.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price of the goods as if the goods had been delivered in accordance with the contract.
8.2 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet E6 specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the goods (or the part in question) free of charge for the replacing items or, at the Seller's sole discretion, refund to the Buyer the price of the goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
8.3 The Seller is liable only for defects which appear under the conditions of operation provided for in the contract and under the proper use of the goods.
8.4 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
8.5 Neither party shall be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the goods, if the delay or failure was due to any cause beyond their reasonable control, including, but not limited to any Act of God, explosion, fire, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, war, civil commotion, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, labour disputes of whatever nature whether involving employees of the Seller or Buyer or of any third party.
9.1 If the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration, or goes into liquidation, or if an encumbrancer takes possession of assets or a receiver is appointed; or if the Buyer ceases to, or threatens to cease to, carry on business; or the Seller takes the reasonable view that any of the events mentioned above is likely to occur and notifies the Buyer accordingly, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract without any liability to the Buyer, and if goods have been delivered but not paid for, they shall become due and payable immediately.
9.2 If the Buyer and the Seller agree to the sale and purchase of a Product, which is not supplied under the Seller's existing product range but is outlined in the Buyer's specifications, then the Seller shall be entitled to cancel the contract without any liability whatsoever to the Buyer if the Seller is unable to manufacture the requested product in accordance with the supplied specification.
10 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11 TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.
The Terms and Conditions of Use
INFORMATION ABOUT US
This is a site operated by Element Six Ltd ("We"). We are registered in Republic of Ireland under company number 365394 and have our registered office at Shannon Airport, Shannon, County Clare, Ireland. Our main trading address is Shannon Airport, Shannon, County Clare, Ireland. Our VAT number is IE 6385394E
We are a limited company.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
JURISDICTION AND APPLICABLE LAW
"Monodress", "Monodie", "Monodite" and "Element Six" are registered trade marks of Element Six Ltd.
Thank you for visiting our site.