The following are the terms and conditions for use of Newlington Ltd T/A Dan Fitzgeralds website (the “website”). This website is for use by persons who are 18 years and over only. By using this website, all website users (“you”) agree to these terms and conditions. If you do not agree to all of these terms and conditions, you may not use this website. Newlington Ltd (“we”) may make changes and update these terms and conditions at any time. Please check the terms and conditions periodically, because your continued use of the website will mean you accept those changes and updates.
These terms and conditions do not affect your Statutory Rights.
Website: use and security
You are entirely responsible for any and all activities that occur under your account which is provided to you by Newlington Ltd. who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.
Website: privacy and data use
any material you transmit or post to this website shall be considered non-confidential and non-proprietary. Newlington Ltd. shall have no obligations with respect to such material. Newlington Ltd. and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Newlington Ltd.
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 there from.
Price of goods
The price listed on the Website (the 'price') for products (the "products") will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price 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 on the Website is wrong.
All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. We do not file details of your order for you to access so please print out these terms and conditions and the order acknowledgement for your own record.
We will endeavour to deliver the products to you between 2 & 5 days working days, within the island of Ireland, where this is practical. However, products are subject to availability and delays may sometimes occur that are outside of our control. 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. We reserve the right to decline to deliver to any location. In such circumstances, we will attempt to contact you and will treat the order as cancelled. At the time of delivery you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.
When you purchase online, you have a statutory right to return a product (with the exception of a small number of products – see returns policy) up to 7 working days after your order has been delivered. We can change or cancel an order up until it is dispatched. If you wish to exercise your right to cancel after the order has been dispatched, we will refund the original purchase price (excluding delivery cost) provided you have notified us in writing no longer than 7 working days after the day on which you received the goods, and that you have taken reasonable care of the goods and not used them.
If a product is damaged or faulty upon receipt please return it immediately and we will either deliver a new one to you or refund you the cost of the product. Any breakages or damages must be reported to us within 24 hours of delivery. Notifications can be made by email to firstname.lastname@example.org or by phone +353 66 7122782 between 9.30am to 6pm Monday to Saturday.
No claims will be processed or credit provided until the returned goods are received at Online Store, Dan Fitzgeralds, 4-6 The Mall, Tralee, County Kerry, Ireland.
We accept all major credit cards. The prices are displayed in Euro and are inclusive of VAT at the appropriate rate. We do not have a currency converter on our site.
To be eligible to purchase on our website you must:
1. Be the holder of a valid credit card.
2. Agree to disclose the personal information required to become a customer, and ensure that it is accurate and true in all respects.
3. Agree not to impersonate any other person or use false details.
After you make a purchase, we will contact you to confirm your order and provide an approximate delivery date.
There may be circumstance where we may not be able to accept your order, namely:
1. If the item ordered is out of stock.
2. If we are unable to obtain authorisation for your payment. (If the issuer of your payment refuses or subsequently refuses to or does not authorise your payment to us, we will not be liable for any delay or non- delivery of your order).
3. If the item has been incorrectly priced due to a technical error.
4. If the item is incorrectly priced
Dan Fitzgeralds Gift Vouchers purchased through the website will be valid for a period of one (1) year from the date of purchase. Please note that gift vouchers can only be used in-store.
Accordance with specification
All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the products.
Disclaimer of warranties
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. We do not warrant or represent that the use or the results of the use of the materials 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.
Limitation of liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability to you and/or any third parties for any of the above exceed €100.
If any manuals or safety 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 product or unsure of your abilities, you should always seek expert advice and assistance.
Proprietary rights of 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.
Modification of terms
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.