TERMS AND CONDITIONS
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. We look forward to seeing you again when you are over 18.
We are: AM Furniture and Transport
Our address is: 27 Upper Pembroke Street, Dublin 2
You are: a visitor to our Website / our customer
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you;
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party;
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website;
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers for the provision of some of our Goods, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
Acceptance of your order
Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we dispatch the goods to you.
At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
Price and Payment
- The price payable for the Goods that you order is clearly set out on Our Website.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
- Prices include Irish value added tax (“VAT”).
- If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make Our Website safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. These service providers are PayPal.
If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
- As required by the Regulations, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
- You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
- The option to cancel your order is not available:
- if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if the Goods become mixed inseparably (according to their nature) with other items after delivery.
- If you decide to cancel your order within 14 days after we have dispatched the Goods, you have a further 14 days in which to return the Goods.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
- If the Goods you return show any sign of damage then we shall be entitled to deduct the cost from your refund money.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
- To assist us in identifying your Goods on receipt by us, we ask you to provide a telephone number for a return reference to be placed below our address / returns label.
This paragraph does not affect your rights in the event that the Goods are faulty.
Delivery and pick up
Goods are delivered as soon as possible from the day you place an order to purchase the Goods.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail or phone to arrange another date for delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- Signing "Unchecked", "Not Checked" or similar is not acceptable.
- Goods are sent via AM Furniture and Transport or via a third party courier. We will send you a message by email to tell you when we have dispatched your order.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
Liability for subsequent defects
We will repair or replace Goods which fail to comply with the provisions of the Supply of Goods and Services Act 1980 or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect must be reported to us within three days of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations:
- We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
- The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
- So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
- In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
- Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
- If delivery was made to Irish address, you are also protected by the Supply of Goods and Services Act 1980.
- If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.
- 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.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- non-infringement of any right.
- 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.
- Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Your 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 you with the Goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright and Related Rights Act 2000.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- If you do send to us material regarding ideas for improvement of our service of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 5 above.
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
- We may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this only if you have our express written consent. This licence is conditional upon you are not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may not copy the text of any page for your personal use in connection with the purpose of Our Website without our express written consent.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
- 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).
- 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.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- 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.
In this paragraph the term “ADR Provider” means an approved body under the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com.
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
- We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at http://ec.europa.eu/consumers/odr
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement 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.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
We assure you that we take utmost care with the protection of your personal data, in particular we assure you that the data collected is processed in accordance with the law; only for designated, legally permitted purposes and not processed any further contradictory to those purposes. Furthermore, we make sure all data collected is accurate and adequate to the purposes for which it is processed, as well as kept in a form which permits identification of the data subjects, for no longer than is necessary.
In regards to any and all issues connected to the protection of your personal data you can contact us through e-mail: firstname.lastname@example.org.
Data and administrator
The Administrator of your data is AM Furniture and Transport.
The data we process, has been provided by yourself during the process of ordering and payment on our website www.am-furniture.com.
The primary reason for the processing of your personal data is fulfilling all and any obligations connected with the sale agreement between us, as well as handling of any orders you have placed. Additionally, the law requires us to process your personal data for tax and accounting purposes.
Furthermore, on the basis of legitimate interest of AM Furniture and Transport we process your personal data for the following purposes:
- providing payment services;
- providing web site security and countermeasures against fraud and abuse;
- monitoring your activity as well as all users of our web site for the purpose of developing and improving its functionality, computing popular trends and interests as well as needs of our users, also to inform you of products and special offers you might be interested in;
- to conduct marketing operations authorised by yourself, by contacting you through available channels of communication, especially e-mail or telephone;
- handling your queries, especially those directed to the Customer Service Department or sent through the contact form when they are not directly connected with fulfilling an agreement;
- setting up loyalty programs, competitions or promotional campaigns;
- for the purpose of data storage, for the duration required under law, as well as to ensure accountability (for the purposes of demonstrating compliance with the law);
- conducting statistical analysis;
- debt collection; handling litigation, arbitration and mediation.
If you consent to it, we process your personal data for the purpose of:
- recording data in cookie files, gathering data from web sites and mobile applications;
- setting up competitions and promotional campaigns you can take part in.
You may give consent to the processing of your personal data or remove it at any time.
In case of concluding and fulfilling an agreement we process only the data without which the given agreement could not be fulfilled. If the necessary data is not provided, concluding and fulfilling the agreement will not be possible. That includes the data we have to collect to comply with the law (e.g. billing information, processing any complaints you submit);
In all cases when you consent to the processing of your personal data, it is fully voluntary. If you do not consent to have your data processed we will not take any action your consent concerns.
You have the right to object to having you data processed, when the processing occurs on the basis of legitimate interest or for the purpose of statistics and your objection is supported by the circumstance you are facing.
Your rights to personal data processing
We guarantee the execution of your rights resulting from the general directive regarding personal data protection GDPR, that is your right to access, correct and delete your personal data, limit its processing, your right to transfer them and not to be subject to automated decision-making ,including profiling, as well as the right to object against the processing of your personal data.
You can submit to us an application in regards to the extent of rights concerning your personal data:
- to correct them (Data correction);
- to remove them (removal of any data processed wrongfully or provided on one of our web services);
- to limit its processing (suspension of any and all operations on the data or a request not to remove the data - in accordance with the request submitted);
- to access the data gathered (requesting information about the data processed as well as requesting a copy of the data gathered);
- to transfer the data gathered to another data administrator or to yourself (to the extent specified in Article 20 GDPR).
The relevant application can be submitted to us at email@example.com. To ensure that you are entitled to submit an application we can request additional data that will allow us to verify the applicant.
The extent of each of these laws and the circumstance in which you can exercise them is defined by the law. Which of these you can exercise will depend on the legal basis of our processing of your data and the purpose of such processing.
Who has access to your data
- Our authorised employees and associates, who have access to your personal data for the purpose of fulfilling their duties.
- Parties, we commission to perform services connected with data processing we are authorised to perform - e.g. parties providing analytic services, parties performing online polls, parties performing mailing campaigns as well as advertising agencies.
- Parties processing your data on our behalf - e.g. sub-contractors, banks, tax advisers, law firms, courier services;.
- Authorities such as the Police, the Customs Chamber, law enforcement in connection to any on-going proceedings, parties conducting debt collection activities in case of any arrears on your part etc.
Your personal data might be transferred outside the European Economic Area, that is to Google LLC, on the basis of adequate legal safeguards, which are the standard contractual clauses regarding data protection approved by the European Commission.Storage data period
- The storage period for your personal data is connected with the purposes and the basis of its processing. This means that your personal data is stored and processed as long as is necessary for the purpose it was collected.
- If the basis for the processing of your data is:
- your consent – the period lasts until you retract your consent or it becomes out-dated (e.g. if the consent was given in connection to a service we no longer perform);
- necessity of fulfilling an agreement - the data provided while making a purchase will be stored until the agreement is fulfilled and the term of warranty expires;
- legal duty – until the period required by the law expires;
- fulfilling legitimate interest – until such interest ceases.
Cookie files (cookies) are inconsiderable textual information in the form of text files, sent out by the server and saved locally on the visitor's computer (e.g. on the hard drive of a PC, laptop or the memory card of a mobile device - depending on what sort of device you are using). Detailed information regarding cookie files, as well as its history can be found at https://en.wikipedia.org/wiki/HTTP_cookie.
The administrator can process the data saved in cookies while visiting the website for the following purposes:
- identifying clients logged onto the website to show they are logged in;
- saving products added to the basket for the purpose of placing an order;
- saving data from the order forms, polls or log in data for the web site;
- adjusting web site content for individual preferences of the client (e.g. regarding colours, font size, web site layout etc.) as well as optimisation of use of the web site;
- conducting anonymous statistics showing the ways in which the web site is used.
As a standard most web browsers available on the market as a default accept saving of cookie files. Every user has the opportunity to set the conditions of use for cookies through settings of his web browser. That means you can e.g. partially limit (e.g. time limit) or fully disable the option to save cookie files - in the last case, however, it can influence some functions of the web site (it can prove impossible to follow the registration process until completion due to lack of option to save the basket content through specific steps of the order process).
Detailed information on how to change cookie settings or delete cookie files in most popular browsers can be found in the help section of your browser or on following sites:
The administrator also processes anonymous performance data connected with using the web site (so-called logs - IP address, domain etc.) to generate statistics helpful with administering the web site. The data is collected on an aggregated and anonymous basis, that is, it does not contain any characteristics that identify the visitor of the web site. No third parties have access to those logs.