Terms & Conditions

J. Whelan (Galway) Ltd. provides the websites www.jwtools.ie , www.jw-tools.com and www.strimmers.ie and related services subject to the terms and conditions set out below.


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

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.


J. Whelan (Galway) Ltd. may make changes and update these terms and conditions at any time. Please check the terms and conditions posted at www.jwtools.ie , www.jw-tools.com and www.strimmers.ie periodically, because your continued use of the website will mean you accept those changes and updates.


These terms and conditions relate to your use of this website. Separate terms and conditions relate to the sale and supply of any goods.


Delivery & Damages Policy


We deliver to Ireland and the UK.


Ireland Delivery:
Delivery is free in Ireland on all orders of €25 and over. The delivery charge for orders less than €25 is €5.50 for small items and €7.50 for larger items.


UK Delivery:
There is a delivery charge on all orders to the UK of €15. We offer a discounted delivery charge of €9.50 for orders to the value of €25 and over. Ride-on mowers and items over 30kg are not currently delivered to the UK. Please contact us if you have an enquiry about a ride-on mower or heavy machine.


Normal delivery hours are 9am-5.30pm, Monday to Friday. There are no deliveries on Bank Holidays or between Christmas and New Year. Nearly all our products are sent out with Fastway Couriers. At the bottom of every product description we indicate the likely delivery time frames. Depending on stock availability, we aim to dispatch goods within 24 hours of receiving the order, however, please allow up to 7 working days for your order to arrive. In exceptional circumstances you will be contacted if the order is likely to take any longer and given the opportunity to cancel your order if you wish.


As soon as your goods are dispatched, we will notify you by email the method of dispatch, together with consignment details, where relevant. We will provide you with a link to our preferred courier's website so you can track your order's progress online.


A signature for the goods is required on delivery and by signing for the goods you are signing that the goods have been received in good condition with no damage. You must check the goods fully. If there is any indication of damage or the courier will not wait for the goods to be checked, either refuse delivery or make sure that you mark the couriers’ paperwork as Goods Damaged before you sign for the receipt.  Do not attempt to use any goods that you think are damaged; contact us within 24 hours. If you know that there will be no one available to sign for your delivery, it may be preferable to supply an alternative address for delivery.

DISCLAIMER
The courier company offers a very good service usually delivering in excess of 95% within the timescales stated, but errors and omissions do occur so delivery is not guaranteed at the stated day.
We work closely with our carriers to ensure the best possible service and delivery times, however, some delays may occur which are outside our control.
J. Whelan (Galway) Ltd. shall not be held liable for any delays in delivering goods, nor shall they be held liable for delays caused to customers work commitments due to your order not arriving on time.
J. Whelan (Galway) Ltd. shall not be liable to customers for charges for hire of alternate machinery or labour. J. Whelan (Galway) Ltd. will not be liable for compensation of any kind due to late delivery of machinery or failure of machinery or damage to property from delivery.

Use of Content and Copyright


All material on this website, including (but not limited to) design, text, graphics, and all software compilations and underlying source code are the copyright of J. Whelan (Galway)  Ltd. ALL RIGHTS RESERVED. You may download, print out or store portions of this website for your own personal use or information or that of your firm or company. Any other use of material from this website, including reproduction for purposes other than those stated above, publication, modification, sale, distribution, posting or transmission in any way without the express prior written consent of J. Whelan (Galway) Ltd. is strictly prohibited. If you breach any of the terms of this legal notice, your permission to use this website automatically terminates and you must immediately destroy any downloaded, printed or stored portions from this website.


J. Whelan (Galway) Ltd. name and logo are trademarks and service marks of J. Whelan (Galway) Ltd. All other trademarks, service marks and logos used on this website are the trademarks, service marks or logos of their respective owners.


J.Whelan (Galway) Ltd. has made every effort to secure appropriate licenses and clearances for all third party intellectual property used on this website. You may notify J. Whelan (Galway) Ltd. of alleged intellectual property rights infringement by contacting J.Whelan (Galway) Ltd. via info@jwtools.ie


Disclaimer


While J.Whelan (Galway) Ltd. endeavors to ensure that the information on this website is correct, to the maximum extent permitted by law, J.Whelan (Galway) Ltd. provides you with this website on an "as is" basis only. You accept that access to this website may be suspended at any time and without notice in the case of system failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond the control of J.Whelan (Galway) Ltd.
J. Whelan (Galway) Ltd. makes no representation or warranties of any kind, express or implied, as to the operation of this website or the information, reliability, completeness or timeliness of the content, materials or services available on this website or that the use of the website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of this website is at your own risk.
Further, any other party (whether or not involved in creating, producing, maintaining or delivering this website) including the officers, directors, employees, shareholders or agents excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses (including logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website. Further, J. Whelan (Galway) Ltd. exclude all liability and responsibility as set out above whether or not J.Whelan (Galway) Ltd. is advised of the possibility of such loss or damage.

Nothing in this legal notice shall exclude or limit J. Whelan (Galway) Ltd. liability for:
1. Death or personal injury to the consumer resulting from an act or omission of J. Whelan (Galway) Ltd.; or
2. Fraud; or
3. Misrepresentation as to a fundamental matter; or
4. Any liability which cannot be excluded or limited under applicable law.
If your use of material on this website results in the need for servicing, repair or correction ofequipment, software or data you assume all costs thereof.

Your Account

If you have an account with J. Whelan (Galway) Ltd. then you are responsible for maintaining the confidentiality of this account and any related passwords and for restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.


Other than personally identifiable information about you, which is covered under J. Whelan (Galway) Ltd.'s Privacy Policy www.jwtools.ie, www.jw-tools.com, www.strimmers.ie any material you transmit or post to these websites shall be considered non-confidential and non-proprietary. J. Whelan (Galway) Ltd. shall have no obligations with respect to such material. J. Whelan (Galway) 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 are prohibited from posting or transmitting to or from this website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) which facilitates your misuse of the website (including, without limitation, hacking). J. Whelan (Galway) Ltd. shall fully co-operate with any law enforcement authorities or court order requesting or directing J. Whelan (Galway) Ltd. to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

Our Service


We accept all major credit cards. The prices are displayed in Euro and Pounds and are inclusive of VAT at the appropriate rate.


J. Whelan (Galway) Ltd. uses all major credit cards including Visa, American Express and Laser Cards.


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 is incorrectly priced due to a technical error.
4. If the item is incorrectly priced.

Links to Other Websites


J. Whelan (Galway) Ltd. websites contains links to websites of third parties. These links are provided solely for your convenience and not as an endorsement by J. Whelan (Galway) Ltd. of the content on such third party websites. J. Whelan (Galway) Ltd. has not reviewed all of these third party websites and is not responsible for the content of linked third party websites and does not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the J. Whelan (Galway) Ltd. website, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use for those websites.


Advertisements


J. Whelan (Galway) Ltd.'s websites may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, J. Whelan (Galway) Ltd. does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on J. Whelan (Galway) Ltd. website.


Indemnity


You agree to indemnify and hold J. Whelan (Galway) Ltd., its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content of this website in a manner that violates or is alleged to violate these terms and conditions. J. Whelan (Galway) Ltd. shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim.


Force Majeure


J. Whelan (Galway). will not be liable for any delay or failure in performance or interruption of the delivery of the contents of this website resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to failure of equipment or communications lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars or governmental restrictions.


Severability and Waiver


If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Access outside Ireland


J. Whelan (Galway) Ltd. is a registered business in Ireland. Access to the content of the website may not be legal by certain persons or in certain countries. If you access J. Whelan (Galway) Ltd. website from outside Ireland you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Jurisdiction

These terms and conditions are governed by, and construed in accordance with, Irish law and you irrevocably agree that the courts of Ireland shall have the exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Irish courts.