1. Use of the James Whelan Butchers Site
The James Whelan Butchers Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the James Whelan Butchers Site you agree to be bound by these Terms and Conditions.
These Terms and Conditions govern your use of the James Whelan Butchers Site and all services provided in connection with it.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the James Whelan Buthcers.com Site. The changes will apply to the use of the James Whelan Butchers Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the James Whelan Butchers Site and the Online Store. If you continue to use the James Whelan Butchers Site after the date on which the change comes into effect, your use of the James Whelan Butchers Site indicates your agreement to be bound by the new Terms and Conditions.
To register with James Whelan Butchers you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and Security
When you register to use the James Whelan Butchers Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.
If James Whelan Butchers has reason to believe that there is likely to be a breach of security or misuse of the James Whelan Butchers Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
5. Excluded Services
The services provided by the James Whelan Butchers Site do not include the provision of computer or other necessary equipment to access the James Whelan Butchers Site. To use the James Whelan Butchers site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
6. Intellectual property
The content of the James Whelan Butchers Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the James Whelan Butchers Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the James Whelan Butchers Site without written permission from James Whelan Butchers.
No licence is granted to you in these Terms and Conditions to use any trade mark of James Whelan Butchers.
You may not use the James Whelan Butchers Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person’s use or enjoyment of the James Whelan Buthcers Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the James Whelan Butchers Site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
James Whelan Butchers reserves the right to refuse to post material on the James Whelan Butchers Site or to remove material already posted on the James Whelan Butchers Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the James Whelan Butchers Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the James Whelan Butchers Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the James Whelan Butchers Site by you.
8. Availability of the James Whelan Butchers Site
Although James Whelan Butchers aims to offer you the best service possible, James Whelan Butchers makes no promise that the services at the James Whelan Butchers Site will meet your requirements. James Whelan Butchers cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at Pat@jameswhelanbutchers.com we will attempt to correct the fault as soon as we reasonably can.
Your access to the James Whelan Butchers Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. James Whelan Butchers will attempt to restore the service as soon as it reasonably can.
9. James Whelan Butchers right to suspend or cancel your registration
James Whelan Butchers may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the James Whelan Butchers Site.The suspension or cancellation of your registration and your right to use the James Whelan Butchers Site shall not affect either party’s rights or liabilities.
Paragraphs 9, 10, 13, 14, 17 and 18 of these Terms and Conditions shall survive cancellation.
10. James Whelan Butchers’ liability
The James Whelan Butchers Site is provided by James Whelan Butchers without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The James Whelan Butchers Site provides content from other Internet sites or resources and while James Whelan Butchers tries to ensure that material included on the James Whelan Butchers Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. James Whelan Butchers will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the James Whelan Butchers Site. If James Whelan Butchers is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the James Whelan Butchers Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the James Whelan Butchers Site
- unsuitability, unreliability or inaccuracy of the James Whelan Butchers Site
- inadequacy of the James Whelan Butchers site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the James Whelan Butchers Site.
Nothing in this paragraph 13 applies to James Whelan Butchers liability in respect of products sold through the Online Stores.
Nothing in these Terms and Conditions shall exclude James Whelan Butchers liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
11. Third Party Websites
As a convenience to James Whelan Butchers customers, the James Whelan Butchers Site includes links to other web sites or material which are beyond its control. James Whelan Butchers is not responsible for content on the Internet or World Wide Web pages external to their site.
12. Advertising and Sponsorship
Part of the James Whelan Butchers Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the James Whelan Butchers Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.
14. International Use
James Whelan Butchers makes no promise that materials on the James Whelan Butchers Site are appropriate or available for use in locations outside the Republic of Ireland, and accessing the James Whelan Butchers Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and James Whelan Butchers ignores this, James Whelan Butchers will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
James Whelan Butchers shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods.
Delivery will be made to the address specified by you on the completed order form. Delivery times will be agreed with you at the time of placing your order. Whilst we make every effort to deliver your goods at the agreed time, we will not be liable if we fail to do so due to circumstances beyond our control.
You can pay by any Mastercard or Visa credit card, or laser card. Your credit/laser card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
These Product Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.