Terms and Conditions

Website trading terms and conditions of www.winterstores.ie (or winterstores.ie), a registered business name of Keltoi International Trading and Distribution Ltd. These terms and conditions regulate the business relationship between You and Us. By using Our Website in any way, or by buying from Us, You agree to be bound by them.

No person under the age of 18 years may purchase Goods. If You are under 18, please confer with an adult to make your purchase.

We are: Keltoi International Trading and Distribution Ltd.
Registered in Ireland. No. 505603
Trading as : www.winterstores.ie or simply winterstores.ie
Our address is: Ballymount House, Parkway Business Centre, Ballymount – Dublin24 / Republic of Ireland.

You are: a visitor to Our Website / Our Customer

1 Definitions

In this agreement:
-“Shipping Carrier”,  “The Carrier”  or "Shipping Agent" means any person or business contracted by us to carry Goods from Us to You, whether all or part of the distance;
-“Customer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his/her business;
-“You”, “Your”,”Yourself” or “Yours” relates to You as an individual, while visiting Our site, interacting with or buying from Us;
-“We”, “Us”, “Our”, “Ourselves” or “Ours” relates to Us, the site www.winterstores.ie;
-“Our Website” means the entire computing hardware and software installation that is or supports Our Website;
-“Goods” means any of the Goods we offer for sale on Our Website;
-"DIY" , "Do It Yourself" or "Install Yourself" is related to Goods  sold in Our Website that can be installed or assembled by You (the end Customer) based in the instructions given, without specialist training or qualifications;
-“Content” means any material in any form published on Our Website by us or any third party with our consent;
-“Material” means Content of any sort posted by you on Our Website.
 
2 Our Contract with You - All Terms And Conditions Below  Apply:

2.1 So far as the context allows, to You as a visitor to Our Website; and;
2.2 In any event to You as a buyer or prospective buyer of our Goods;
2.3 We accept orders mainly through our Website. The contract between You and Us is made when You complete the order;
2.4 We may alternatively accept order amendments by email at Our sole discretion;
2.5 We may change these terms and conditions from time to time and reserve Ourselves the right to do so. The terms that apply to You are those posted here on Our Website on the day You order Goods.
2.6 Unfortunately, We cannot guarantee that Goods advertised on Our Website are always available.
2.7 If for some unforeseen reason, We do not have all of the Goods You order in stock, We may offer You alternatives. If this happens You may:
    2.7.1 accept the alternatives We offer;
    2.7.2 cancel all or part of Your order.
 
2.8 If in the future, You buy Goods from Us under any arrangement which does not involve Your payment via Our Website, these terms still apply.
2.9 If We owe You money on account due to a order cancellation, We will refund Your credit or debit card as soon as reasonably practicable. But in any event no later than 30 days from the date of cancellation of your order.

3 Your Account with Us, if You Choose So
3.1 You will be able to use Our Website and complete orders as a “guest”, without the need to signing up to one account, if You wish so;
3.2 You may choose to open one account with us to store details such as delivery address, email, phone number, etc. This will improve your experience in future visits or purchases in Our Website - Any personal data in Your account will be kept safe according to Our privacy policy;
3.3 If You choose to open an account with Us, You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Yourself. We need this information to provide / ship You correctly the Goods purchased from Us;
3.4 In the context of having one account with Us, If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for preventing any unauthorised person from using It;
3.5 You agree to accept responsibility for all activities that occur under Your account or password. You should tell Us immediately if You believe someone else, other than You, has accessed Your account. We may block Your account to safeguard your personal data, after we were informed by You or not. Alternatively, You may log into Your account and change Your password;
3.6 We reserve the right to refuse You access to Our Website;

4 Prices and Payments
4.1 We endeavour to keep Our website and catalogue prices updated and accurate, but it is possible that the price may have increased  or differs from that published. If that happens, We will not process Your order until You have confirmed that You wish to proceed with order at the new price;
4.4 Prices do not include Irish value added tax (VAT) as of February 2013. This may change at any time;
4.5 Charges in Your credit card related to Your order, are / will not be immediate once order is placed. Charge will happen once order is dispatched;
4.6 During order fullfilement process, we may or may not call you in relation to your order. We may ask questions about your personal details (for  identity verification) or details of order just placed. - This is for credit card fraud preventions purposes.
 
5 Delivery
When You buy something from Us we want Your Goods to be delivered to You as soon as possible. To achieve that We will need some cooperation in Your part.

5.1 Once Your order is placed, We will strive to fulfill it within 1 or 2 days.- Initially You will receive an order acknowledgment email;
5.2 Orders placed after 13:00 on fridays will be fullfiled on next monday, together with weekend orders.
5.3 When Your order is dispatched, You will receive a dispatch notice email. A tracking number will also be supplied, when and if it is  the case;
5.4 Deliveries will be made by a shipping carrier instructed by Us to the address stipulated in Your order. Your shipping address must match Your credit card billing address, if not, Your order may be cancelled. - This is for fraud prevention purposes, to protect You and Us of credit card fraud;
5.5Only for the purpose of facilitating your order, we will provide your phone number for the Shipping Carrier in addition to your address. You may be contacted by the Shipping Carrier in relation to your delivery. You must ensure that someone is present in your address to accept delivery.
5.6 In the event of a missed delivery to your address, a “missed delivery notice” will be left for You. You must first call and liaise with the Shipping Carrier in the phone number provided in the notice to arrange alternative delivery. Only if You have any issues with Your interaction with the Shipping Carrier, You should inform Us through out Contact Us page.
5.7 Our shipping Carrier will try to deliver the Goods to you up to 3 times.
5.8 If We (throught the Shipping Carrier)  are unable to deliver Your order after three calls, We will notify You. If We have failed to contact You after 10 days from the first time We attempted delivery, We may cancel Your order and return credit paid for the goods. We will retain any charge made for delivery.
5.9 Goods are sent at Our risk until signed for by You or by any other person at the address You have given to Us.
After order is received at Your address, It will be Your responsability and Goods are at Your risk.
 
6 Cancellation of Order
6.1 You may cancel Your order at any time before We despatch it. In this case, We will refund You the price of the Goods and the cost of delivery, if any.
6.2 You are also entitled to change Your mind and return the Goods within 7 working days from the date You receive Your order, not including the day You received it. This is called "cooling off" period.

In this case, Goods must be as new, in the original packaging and in restocking condition. This is an important requirement as this affects Your statutory rights.

We cannot refund Your money if the Goods have been used, worn or damaged by You. The cost of goods only will be refunded, not including the shipping fees.
 
Refunds will be made to Your credit card once We received the Goods and are satisfied they are OK to be restocked.

6.3 If You cancel Your order after We have despatched the Goods, Please note:
    6.3.1 You must return them to Us within 7 days in the same condition in which You received them (see note 6.2 above);
    6.3.2 -The "cooling off" period deadline goes up to 7 days from the date of delivery to You and,  for the purpose of Your return date, if needed, It will be considered  the date of Your postage of the goods back to Us, not the date of initial contact to Us related  to Your return;
    6.3.3 If We are contacted withing 7 days of the "cooling off" period, but goods are not posted within 7 days We will consider the "cooling off" period as expired;
    6.3.4 If  You keep the Goods for a period longer than 7 days, We will consider You accepted your order;
    6.3.5 We cannot refund Your money if the Goods have been used, worn or damaged;
 
6.4 You are responsible for the costs of returning Goods.
6.5 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
6.6 The option to cancel Your order is not available if the Goods are:
    6.6.1 perishable;
    6.6.2 made or personalized to Your specification;
    6.6.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
    6.6.4 newspapers, magazines or books;
    6.6.5 "DIY" products that have been opened, fully or partially installed or assembled.

6.7 If returning Goods and to assist Us in identifying them on receipt by Us, We ask You  to inform Us, preferably by writing,  in Our Contact Us page to get an “Return Merchandize Authorization” number (RMA) to be placed below our address / returns label.
6.8 We will make an effort ( not a guarantee) to refund You immediatelly once Goods are received from Your return and we are satisfied they are OK to be restocked. In any case We will refund You no later than 30 days from the date of cancellation of your order.
6.9 This paragraph does not affect your rights in the event that the Goods are faulty or are not as you ordered:
   6.9.1  If goods are shipped in error on Our side, or are clearly faulty within 30 days of purchase, You will be offered a replacement to be shipped to You with shipping rates funded by Us, or alternatively, You may choose to be fully refunded, including in this case the shipping rates.

7 Returns
7.1  Within 7 days of the receiving your order ( "cooling off" period ),  you may return it if you change your mind about your purchase and you will receive full refund, deducted  the cost of delivery. We will require proof of purchase to process your return. The condition  for this return with full refund is that goods must be unused, in original packaging, in "as new" condition (this is a important requirement as it affects your statutory rights).
 
7.2 Our goal is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that problems may happen occasionally. Problems such as  products incorrectly shipped, faulty product or any other issue in their integrity, etc... Faulty Goods can be returned to us up to 30 days after delivery date.
 This paragraph covers the possibility of problems  in the Goods you bought from us. If you are not wholly satisfied with the Product, please let us know at the earliest opportunity.

   7.2.1 exactly what is the fault;
   7.2.2 the date, if relevant, when the fault became apparent;
   7.2.3 when and how you discovered the fault;
   7.2.4 how the fault affected your use of the Goods;

7.3  In order to process ANY returns (unwanted and unused Goods or issues with products), please follow procedure below;
7.4 You must inform Us by writing (preferred) through our Contact Us  page or by letter to Our office address at the top of this agreement,  that You would like to return goods, specifying:
   7.4.1 exactly what goods and when purchased;
   7.4.2 giving full details of the defect or other reasons for return.
We will then issue a  “Return Merchandize Authorization” number (RMA). If You send goods to us without a RMA, we may not be able to identify sufficient details to enable Us to attend to Your return.

7.5 The Goods must be returned to Us as soon as any defect is discovered.
7.6  So far as possible, Goods should be returned:
  7.6.1 with both goods and all packaging as far as possible in their original condition (this is a imperative requirement if returning unwanted goods within the 7 days "cooling off" period);
  7.6.2 securely wrapped;
  7.6.3 including our delivery slip;
  7.6.4 at Your risk and cost.
 
This procedure for return of Goods is also set out on our website at section Delivery & Returns If You do not follow  procedure in this section, We may be unable to identify you as the sender of the goods.

8 Disclaimers
8.1 We or Our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if You bring to Our immediate attention, any issues You may find.
8.3 We give no warranty and make no representation, express or implied, as to:
  8.3.1 the adequacy or appropriateness of the Goods for Your purpose;
  8.3.2 the truth of any Content on Our Website published by someone other than Us;
  8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods  are commonly used;
  8.3.4 compatibility of Our Website with Your equipment, software or telecommunications connection.

8.4 Our Website may contain links to other Internet websites outside Our power and control. You acknowledge and agree that We shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from Your use of any such websites.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of Our Website or the purchase of Goods.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then Our liability is limited to the maximum extent permitted by law, to the value of the goods or services You have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.

9 Content and Intellectual Property Rights
9.1 We will defend the intellectual property rights in connection with Our Goods and Our Website, including copyright in the Content whether provided by Us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of Us and / or the other content provider. We will strongly protect those rights in all countries.
9.3 Except as set out below, You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.4 You may not use Our name or logos or trade marks or any other Content on any website of Yours or that of any other person.
9.5 Subject to the other terms of this agreement, You may download or copy Content only for Your own personal use, provided that You maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10 Your email address
10.1 You represent that any username or email address selected by You, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
10.2 You acknowledge and agree that if We believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and You will indemnify us for any claim or demand that arises out of Your selection.
10.3 You acknowledge and agree that We shall not be liable to You in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

11 Your Material
11.1 If You post any Material in Our Website or in Our online social media websites, You warrant that You own the copyright in it and You accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
11.2 You agree that if You do post any Material on Our Website or Our online social media websites, in doing so, You grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatsoever, throughout the World in any medium. You agree to waive Your right to be identified as the author and Your right to object to derogatory treatment of your Material.
11.3 You agree to perform all further acts necessary to perfect any of the above rights granted by You to Us, including the execution of deeds and documents, at Our request.
11.4 You represent and warrant that:
  11.4.1 You own the rights to all of the Material that You post;
  11.4.2 any fact stated in your Material is accurate;

12 System Security
12.1 We will do our best to maintain Our Website so that You have constant use, but there will be times when Your use may be interrupted; 
12.2 You agree that You will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website;
12.3 You may not use any software tool for the purpose of extracting data from our website;
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13 Acceptable use Policy
As a condition of Your use of Our Website, You agree to comply with these provisions below.
13.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
  13.1.1 copyright works;
  13.1.2 commercial audio, video or music files;
  13.1.3 any Material which violates the law of any established jurisdiction;
  13.1.4 unlicensed software;
  13.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
  13.1.6 links to any of the material specified in this paragraph;
  13.1.7 pornographic Material;
  13.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

13.2 You will not use the Web Site for spamming. Spamming includes, but is not limited to:
  13.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
  13.2.2 the sending of junk mail;
  13.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
  13.2.4 excessive and repeated posting off-topic messages to newsgroups;
  13.2.5 excessive and repeated cross-posting;
  13.2.6 email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
  13.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.

14 Indemnity
You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of Your use of Our Web Site, Your posting any Material, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.

15 Miscellaneous provisions
15.1 When We communicate with You, We do so preferably by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
15.3 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.4 No waiver by Us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15.5 In the event of a dispute arising out of or in connection with these terms or any contract between You and Us, then You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation.
15.6 We are not liable for any breach of Our obligations resulting from causes beyond Our reasonable control including strikes of Our own employees.
15.7 This agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.