The following definitions shall apply to these Terms:
“Applicable Laws” means all applicable legislation, regulations, codes of practice, guidance or other requirements of any relevant government, governmental or regulatory agency or other relevant body applicable to the Products and sale of the Products;
“Contract” means the contract entered into between Malting Company of Ireland and a Consumer or any individual
or entity who is not regarded as a Consumer;
“Consumer” means a natural person who is acting for purposes which are outside the person’s trade, business, craft or
profession;
“Cooling Off Period” means your statutory right to return a Product within 14 days as provided for under the European Union
(Consumer Information, Cancellation and Other Rights) Regulations 2013;
“Dispatch Confirmation” means an email sent by Malting Company or Ireland confirming that the Products have been dispatched to
you;
“Force Majeure” means, in relation to any person, any circumstances beyond the reasonable control of that person including, without limitation, strikes by all or part of the personnel, technical incidents, disruption on the transport links, fire, floods, uprising, being unable to procure supplies, whether these incidents affect Malting Company of Ireland or any of its carriers, and provided that they have a decisive effect on the fulfilment of the order;
“Malting Company of Ireland” means Malting Company of Ireland Limited, an Irish registered company 273542;
“Order Confirmation” means an email from Malting Company of Ireland acknowledging receipt of your order;
“Price” means the price for the Product as stipulated on the Website at the time you place your order;
“Products” means the goods available for sale by Malting Company of Ireland on the Website;
“Terms” means the terms and conditions of use of the Website;
“User” means an individual visitor to a website who is counted as a single visitor irrespective of the number
of times one visits the Website;
“Website” means www.maltingcompany.ie or www.maltingcompany.com;
“we” or “us” shall be assigned the same meaning as Malting Company of Ireland;
“you or your” shall be assigned the same meaning as User.
All definitions used in the Delivery and Returns Policy, Privacy Policy and Cookie Policy
shall be given their same meaning and interpreted accordingly in the following document.
1. Introduction
1.1 Welcome to the Website which is owned and operated by Malting Company of Ireland. These Terms govern the use of or access to this Website by a User.
1.2 If you have any question relating to these Terms before you place an order, please contact our Customer Care Team by email [email protected] or call us on +353(0) 214323375 between 9am to 5pm (GMT) Monday to Friday. Our offices are closed on Saturday and Sunday and all Irish Public Holidays.
2. Your consent
2.1 Please review these Terms carefully. By using the Website you agree to be bound by the Terms set out below. If you do not agree to be bound by these Terms you should not use the Website.
2.2 The Website is for use by people who are 18 years and over only. Please do not use the Website if you are under 18 years old.
3. Modification of Terms
3.1 We reserve the right to change and update the Terms of the Website from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. By continuing to access, browse and use the Website, you will be deemed to have agreed to any changes or updates to the Terms.
3.2 We reserve the right to change the Terms 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.
3.3 The Prices and availability of any Products, services and promotions advertised on the Website are all subject to change and availability from time to time.
4. Who we are
The Website is operated by Malting Company of Ireland with a registered office address at The Maltings, South Link, Togher, Cork, Ireland, Companies Registration Office No 273542 and VAT registration number IE 8273542 J.
5. Other Policies/Terms which apply to the use of the Website
Please note that by agreeing to these Terms you shall be deemed also to have read, understood and agreed to the following policies which also apply to your use of the
Website:
(a) Privacy Policy;
(b) Cookie Policy; and
(c) Delivery and Returns Policy
6. Order Process
After placing an order, you will receive an Order Confirmation. 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 Dispatch Confirmation. The Contract will only be formed when we send you the Dispatch Confirmation. At any point up until then, we may decline to supply the Products to you without giving any reason. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
7. Price of Goods
7.1 The Price for the Products will be as stipulated at the time when you place your order on the Website. The Website displays a price exclusive of VAT. Once the Product is selected for purchase the Price shown is inclusive of VAT. Delivery costs, if applicable will be additional to the Price. (For further information our Delivery and Returns Policy). We are entitled to make adjustments to the Price from time to time to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products is wrong. We are also entitled to make adjustments to the Price of Products during sale time and introduce promotions on Products without notice.
7.2 We do our best to make sure that Prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the Price and ask you to confirm whether you still wish to purchase the Products at the correct Price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
8. Payment
Payment may be made by the methods indicated on the Website and monies will be debited at the point of Order Confirmation.
9. Delivery
We will try to deliver the Products to you within the lead-time shown for each Product at the time of purchase, to your stated delivery address, 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 28 days, you have the right to contact us and refuse to accept the Products. 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 will be required to sign-off on the delivery of the Products, after which time the Products become your sole responsibility. (For further information please see Delivery and Returns Policy).
10. Risk and Ownership
10.1 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10.2 Where the customer is a Consumer costs and all risks of loss are transferred when the customer acquires physical possession of the Products.
10.3 Where the customer is not a Consumer costs and all risks of loss are transferred to you at the time of dispatch of the Products from Malting Company of Ireland’s premises.
If delivery is delayed by the customer, transfer of costs and risk of loss shall become effective when the Products are ready for dispatch.
11. Cooling Off Period: Your right to Cancel
11.1 Given the perishable nature of the Products, any person contracting as a Consumer is not entitled to a cooling off period. For further information see our Delivery and Returns Policy.
11.2 Your statutory rights are not affected.
12. General Refund/Returns Policy
If any Product is damaged and/or faulty upon receipt or in the unlikely event that you received the wrong Product please contact us within 24 hours of receipt of the Product and we will arrange a replacement or refund in accordance with our Delivery and Returns Policy.
13. Product Warranties
13.1 Malting Company of Ireland warrants that it will have the right to sell the Products to you at the time at which title to the Products is to pass to you, and further warrants that the Products will be fit for such purposes as may be specifically notified in writing by
Malting Company of Ireland to you.
13.2 All other warranties, conditions or terms relating to the Products (other than those provided for in Section 12 of the Sale of Goods Act 1893), whether implied by statute or common law or otherwise, are excluded.
14. Product Description
All descriptive matter, images, colours, specifications and advertising on the Website
are for the sole purpose of giving an approximate description of the Products. Products
and packaging may vary from that shown on the website. Malting Company of Ireland
does not warrant that Product descriptions are error-free. If a Product offered by
Malting Company of Ireland is not as described, your sole remedy is to return it in
unused condition.
15. Liability and Disclaimers
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied (including without limitation, the accuracy, completeness or merchantability, quality or fitness for any particular purpose). We do not warrant or represent that the use or the results of the use of the Products available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights. Our liability in connection with any Product is strictly limited to the Price of that Product. Nothing in this paragraph will affect your statutory rights as a consumer.
16. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
17. General
17.1 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.
17.2 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.
17.3 The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
18. Website Conduct
You agree to abide by all Applicable Laws. All information, designs, drawings and other specifications provided on the Website are the exclusive property of Malting Company of Ireland. Any copying, transmission or re-transmission of the same requires the prior written approval of Malting Company of Ireland.
19. Advertising
We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom to the maximum extent permitted by applicable law.
20. Use & Security
You are entirely responsible for any and all activities that occur under your use of the Website, together with your account. You agree to notify us immediately of any unauthorised use or any other breach of security.
21. Instructions
If any instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein 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. A qualified expert should be used where appropriate.
22. Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, if you choose to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
23. Partial Invalidity
If any of the Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability of any other of the Terms.
24. Laws and Jurisdiction
All Contracts in respect of, or in relation to, or in connection with, the Products and any non-contractual obligations arising out of or in connection with any such Contracts are governed by and shall be construed in accordance with the laws of Ireland. For the benefit of Malting Company of Ireland, you hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Products or their sale to and purchase by you and, for such purposes, you irrevocably submit to the jurisdiction of the courts of Ireland.
25. Termination
We may terminate the Website with or without cause at any time and same will be effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these Terms.