Terms and Conditions

Terms & Conditions

The following terms and conditions apply to all transactions processed by www.fitzgeraldelectrical.ie Please read carefully and feel free to print a copy for reference.

Pricing & Content

1. All prices are shown in € euro and include VAT but exclude any delivery and credit card transaction charges.
2. All prices on our website are Exclusive Online Prices. Prices and stock levels in store may vary.
3. We reserve the right to change any advertised prices at any time.
4. The price you pay is the price displayed on this website at the time we receive your order, except in the instance where an error has occurred with the price shown on the website.
   

   - Please note that prices may go up and down on a daily basis.

   - When placing an order you are purchasing the item(s) at the price(s) shown at that time.

   - Should a price subsequently change after your order is placed we are unable to adjust your order to the new price.

5. Please note that this site may include inaccuracies, incorrect pricing or typographical errors. Whilst every care has been taken to avoid these please understand that they can occur. We will endeavour to rectify all errors as soon as possible but will not be held liable in the meantime. In the event that an error is discovered with the price of any goods you have ordered:
   

   – We will inform you as soon as we can whereupon we will give you the option of amending your order at the correct price or cancelling it.

   – If you cancel your order and it has not been dispatched we will give you a full refund.

   – In the event that we are unable to contact you we will treat the order as cancelled.

6. We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following:
   

   – Potentially fraudulent order. Before shipping orders, we run a check to make sure they are legitimate. If the check fails, we may cancel your order.

   – Incorrect pricing. Due to the sometimes volatile market for collectible products, sometimes there are major fluctuations in price. Therefore, we reserve the right to remove any item from any order and provide a full refund to the customer for that item.

   – Non-Payment.If payment is not received within a reasonable amount of time after the order has been placed, we may cancel an order without notice.

Payment

1. Payment can be made by most major credit or debit cards. We also accept paypal.
2. We reserve the right to apply surcharges to payments made by credit cards to reflect the transaction charges levied by the respective credit card companies.
3. Full payment for your goods is taken when a new order is created.
4. We do not give out paper invoices. We will email an order summary to you if you have given us an email address.

Availability

1. All products are subject to availability and may be changed at any time.
2. If your order cannot be fulfilled you will be offered an alternative or given a full refund.
3. If an order is received for a discontinued product we will automatically provide you with the up-to-date equivalent, providing it is available and the same price as the discontinued model. If this is not the case we will contact you.

Delivery

1. We deliver to any address in the Republic of Ireland. (See our delivery page for further information on pricing and delivery timeframes).
2. Upon delivery a signature will be required.
3. Delivery dates are estimated at all times and may be delayed without prior notice (e.g. due to sudden stock shortages, manufacturing delays, or delivery vehicle breakdowns), which is why we strongly advise all customers not to book fitters until they have received the relevant goods, as no claims will be accepted. We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivering goods.
4. Customers will be notified by email to confirm when their order has been dispatched from our warehouse.
   

   – Currently we do not offer the facility to book your own delivery timeslot as these are allocated by our transport partners’ automated route planning system.

   – Someone must be present at the delivery address and able to accept the goods upon arrival of the delivery vehicle.

5. Acceptance of your order takes place when the goods are loaded onto one of our vehicles for delivery to you.
6. Failed delivery charges may be applied in the event that a delivery fails due to – but not limited to – any of the following reasons:
   

   – You cancel the order after the point at which the goods have been loaded for delivery at our warehouse.

   – You provide insufficient/incorrect contact details or an incorrect delivery address thereby resulting in our inability to contact you or otherwise make a successful delivery.

   – You refuse delivery upon arrival of our delivery vehicle.

   – There is no-one at the delivery address to accept delivery. You must ensure that you can be available all day on your chosen day of delivery.

7. Whilst our drivers are happy to wheel heavy white goods into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.
8. Once the delivery has been accepted at the delivery address you have a duty of care for the goods. In the event that you, or a third party, transport the goods from the delivery address to another location we cannot be held responsible for any damages.

Damaged and Faulty Goods

1. If your goods are damaged or faulty, we will replace the goods free of charge. However, if you do not want a replacement, delivery charges may be incurred to collect the item from you.
2. Do not install any damaged items. This counts as acceptance of goods and the item is then non-returnable and non-refundable.
3. Damaged goods must be reported within 48 hours of delivery.
4. In the event that goods are received in a damaged state please retain the product together with any packaging and contact us within 48 hours of receipt with photographic evidence.
5. In the case of an item being faulty we may require an inspection by a manufacturer’s qualified engineer to be carried out on the item in the location where it is installed. This is so the nature of the fault can be ascertained before we can arrange for a replacement.

Unwanted Goods

1. Do not install or use any unwanted items. This counts as acceptance of goods and the item is then non-returnable and non-refundable.
2. You have a statutory right to return unopened goods up to 7 days after receiving your order (“the cooling off period”). If you are not ordering a replacement, a charge may be incurred to collect the item from you.
3. You must notify us of your wish to cancel within 7 days, starting the day after delivery.
4. You have a duty of care while the goods are in your possession and we reserve the right to charge you for any damage that may have occurred during this period.
5. We reserve the right to apply re-handling charges for returned items under some circumstances:
   

   -The goods received back are ‘as new’ but incomplete; i.e. missing components and/or accessories.

   – The returned products are missing their original packaging.

   – The cancellation was requested after the 7 day notification period.

6. We do not accept returns and will not provide refunds under the following circumstances:
   

   – The goods you wish to return are in any condition other than ‘as new’.

   – The goods have been installed and/or used.

   – Cables have been cut or terminated.

7. Refunds will be reimbursed within 30 working days of the cancellation date.

Recycling

1. If requested we will collect old appliances for recycling on a like-for-like basis when we deliver your new item(s). We can take away your old appliance on delivery as long as it’s disconnected or you can bring it into any of our stores. We DO NOT charge for this service.
2. We use An Post for delivery of small items. An Post do not offer an old appliance collection service but small appliances may be returned to our store or to any WEEE Recycling Centres.
3. Please ensure that all personal data held on computers etc is removed before being sent for recycling.
4. Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store.
5. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free.

Installation

1. We do offer a very unique FREE delivery & installation service at present. Check out our delivery page for more details or contact us at 063 98077

Accuracy of Product Information

1. All product information shown on the website is believed to be correct and accurate from the source material (i.e. manufacturer’s documentation). However we regret that we cannot be held responsible for any errors or omissions.
2. 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.

Manufacturer’s Guarantees and Extended Warranties

1. All items carry a minimum 12 months parts and labour guarantee issued by the manufacturer which is subject to provisions that the appliance:
   

   – Has been used solely for domestic purposes and is on domestic premises; i.e. not for commercial or trade use.

   – Has been used solely in accordance with the instruction book.

   – Has not been subject to misuse, accident, modified or repaired by anyone other than the manufacturer’s service engineers.

2. Any appliance which has a guarantee over 12 months may need to be registered within 28 days of receipt to qualify for any additional years cover.
3. We offer extended warranties which cover parts and labour, and which can be purchased through the website.
   

   – These are underwritten by Brightside Cover and administered by IC Frith & Associates.

   – Refer to the warranty terms and conditions for further information.

Data Security

1. We will endeavour to take all possible reasonable care to keep all details of your order and payment secure. However in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering.

Accessing our site

1. 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.
2. You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable local, national or international law or regulation or is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You may not use our site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You may not use our site to disseminate any unlawful, harassing, libelous, abusive threatening, harmful, vulgar obscene or otherwise objectionable material.
3. 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

1. 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.
2. 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.
3. 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.
4. 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 Advice

1. Information on our site is 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 information by any visitor to our site, or by anyone who may be informed of any of its contents. Information contained on our site does not constitute an offer to sell goods or services.

Our Liability

1. 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.

2. 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.

Viruses & Hacking

1. 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.
2. 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.

Linking To Our Site

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain any material which is defamatory, obscene, offensive, inflammatory, distasteful, controversial, sexually explicit or which infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Links From Our Site

1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

1. The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Irish law.

Variations

1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

COMPETITION TERMS AND CONDITIONS:

• Entrants must be aged 18 years or older as at date of entry and a resident of the Republic of Ireland in order to qualify as the prize winner.
• The prize is non-transferable and there is no cash alternative to non-cash prize elements (either in part or whole).
• Fitzgerald Electrical’s decision in relation to selection of prize winner(s) is final and no correspondence will be entered into.  
• In the event of any dispute regarding the rules, conduct or the results of a competition the decision of Fitzgerald Electrical will be final.
• Use of a false name or address by a competition entrant will disqualify them from receiving any prize.
• Unless otherwise stated, all taxes, insurance, fees and surcharges on any prize are the sole responsibility of the winner.
• Where a prize is to be provided by a third party, Fitzgerald Electrical accept no responsibility whatsoever for the supply or non-supply or purported supply or delay in supply of the prize, including without limitation, the failure of the winner to receive ownership of or use the prize.
• The Promoter reserves the right to substitute prize of equal value (as determined by the Promoter) if a prize element becomes unavailable for any reason whatsoever.
• Acceptance of the prize constitutes permission to use the relevant winner’s name, hometown and likeness for purposes of advertising, promotion or publicity in any media without additional compensation and prize winners agree to take part in such related promotional activities as Fitzgerald Electrical and/or the promoter(s) may require.
• All competition entries must be received by Fitzgerald Electrical in the required format before the advertised closing date. Neither Fitzgerald Electrical nor its affiliated entities are responsible for printing or typographical errors in any materials relating to promotions; fraudulent, lost, late, misdirected, incomplete or altered entries; or entries which are processed late or incorrectly or are lost due to computer or other technical malfunction.
• Fitzgerald Electrical reserves the right to cancel, terminate, modify or suspend a competition and/or vary competition rules at any time without prior notice.  
• Neither Fitzgerald Electrical nor its agents accept any responsibility whatsoever for any death, injury or other damage, loss, expense or liability arising as a result of taking a prize. Nor will  Fitzgerald Electrical have any liability or responsibility for any claim arising in connection with participation in any Jack Fitzgerald Electrical competition or any of the prizes rewarded.
• Prizes not claimed within specified time limit will be deemed to have been forfeited and Fitzgerald Electrical may dispose of such prizes without any liability to the winner.
• Any person found to be in disregard of these rules will be disqualified automatically.
• Fitzgerald Electrical reserves the right to disqualify any contestant for any reason whatsoever in its sole discretion.  
• Participation in Fitzgerald Electrical competitions denotes acceptance of these terms and conditions and any additional competition specific terms and conditions which may be advertised.

Complaints

1. We take all complaints very seriously. If you have a cause for complaint then please contact us by emailing admin@fitzgeraldelectrical.ie or by writing to us at Fitzgerald Electrical,Sarsfield Street, Kilmallock, Co.Limerick.

Your Statutory Rights

1. None of the above affects your statutory rights as a consumer. We reserve the right to amend our terms and conditions clauses wherever consumer statutory rights are not affected.