General Conditions of Sale

Applicable version with effect from May 1st 2023

 

  1. INTRODUCTION

The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Enable Supplies Ltd. (registered in Republic of Ireland with company registration number 397636, with registered office at Unit 3a Kilnagleary Industrial Estate, Carrigaline, Co. Cork, P43KV82 and VAT registration number IE6417636A), referred to herein as “Enable” or “we”, “us” or “our”, by telephone, on the Website, on in person in our Shop in Carrigaline.

 

Before using the Enable website and associated webpages (the “Website”) and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Conditions of Sales together with the Privacy Policy and the Website Terms of Use and any additional conditions that may appear on the Website from time to time such as during promotions or campaigns.

Each order placed with Enable or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.

Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.

You can download, save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records.

Any order placed through this Website can only be delivered to the Republic of Ireland and Northern Ireland, Great Britain, the Channel Islands and the Isle of Man. We regret that we cannot deliver elsewhere.

  1. ORDERS

2.1 Registration

As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be valid and up-to-date.

Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders.

2.2 Password and confidentiality

After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. To prevent your data from being compromised or eavesdropped during the use of our website we enforce the TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and at least during log in on other platforms. We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful log in using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.

If you know, or have reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify Enable immediately by calling the Customer Relationship Centre on +353 21 4372607.

You are also invited to take the following precautions:

When you have completed your visit of the Website, always use the Logout button on the top to effectively close the session.

  • – Your account username, password and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.

If Enable knows or has reason to believe that your Credentials are indeed used by another person, Enable shall immediately suspend the use of such account (including processing any transaction from such account).

2.3 Order process

You can place your orders:

  • – in a person in our EnableShop
  • – by telephone: on 021 4372607
  • – by internet on this Website

An order of Enable Product through the Website is placed by clicking on “Add to Basket” button and proceeding to the checkout page. Minimum and maximum order quantities may also apply, which Enable reserves the right to amend from time to time and in its sole discretion.

After placing an order of Product/s on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.

After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.

Please never provide your debit or credit card details on letters or faxes. You will be called back by us to finalise the order and proceed to the payment in a secure way.

2.4 Order confirmation

Once you have submitted and confirmed your order(s), Enable will acknowledge receipt of the order(s) by setting out details of the ordered Product(s). This acknowledgement does not confirm our acceptance of your offer to purchase the ordered Product(s).

After confirming receipt of your order(s), Enable will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Enable will only be formed when Enable confirms that all or part of the Product(s) is/are still available and has/have been dispatched. The contract is formed on sending of the shipment confirmation.

The confirmation of dispatch by Enable will be proof of a binding agreement between you and Enable. The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.

To the extent permitted by law, Enable is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order.

If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Enable may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Enable suspects are not placed in good faith.

2.5 Prices

The prices payable for the items you order are those displayed on this Website on the date you place your order, exclusive of VAT and exclusive of delivery charges.

Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.

The price of a Product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured.

Enable reserves the right to modify the prices of its Products in the future at any time and without notice. The modifications of prices will not apply to orders of Products already confirmed by Enable.

2.6 Payment

Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by Visa, MasterCard, American Express, Maestro (excl. Maestro on mobile application).

Payments must specify your client number and/or invoice number. Payment by credit or debit card is immediately due and payable at the time you place your order.

Your card details are encrypted during all transmissions for security purposes.

Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Enable does not receive the authorisation, Enable reserves the right to cancel your order.

No order will be shipped until payment is received or payment has been authorised or processed. The data registered by our payment system constitutes full proof of the financial transactions.

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.

  1. DELIVERIES

3.1 Delivery
All Remote Orders confirmed by Enable will be delivered to the delivery address you specified when placing your order. Enable and/or companies authorised by Enable may contact you by SMS, telephone and/or email with information regarding your order and delivery. Enable does its utmost to ensure standard deliveries (after receipt of cleared funds and subject to stock availability, factors beyond Enable‘s reasonable control and finance validation checks that Enable, in its absolute discretion, deems to be necessary) within 28 working days.

In case the delivery has not occurred within the above indicated term, you should either make contact with Enable to agree on an additional delay to deliver the Products, or cancel your order by notifying Enable. In order to deliver orders on time, Enable strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Enable is entitled to complete partial deliveries, or to defer delivery.

Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.

3.2 Transfer of property and risk
The delivered Enable Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation. All risk of loss or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).

3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner. In case you observe damage or missing items, you must notify our Customer Relationship Centre within a reasonable period after you discovered the damage or missing item and not later than two months. Enable shall in such case provide you with identical replacement Products. This does not affect your legal warranty statutory rights detailed in Article 4.5 of the General Conditions of Sales.

  1. RETURNS AND AFTER SALES

4.1 Cancellations
If you cancel your order before you have received Product(s), you are entitled to refuse the delivery of the Product(s) and we will refund you in full without undue delay and in any event within 14 days after you have notified us of cancelling your order.

4.2 Right of withdrawal
You may decide to cancel your contract at any time from the date of the shipment confirmation up until the date that is 14 days from receipt by you of the Products (or in the case of partial delivery, 14 days from receipt of the last of the Products forming part of the same order) by filling out the withdrawal form that can be found at the foot of these General Conditions, or by calling our Customer Relationship Centre on +353214372607. In respect of Products purchased from a Enable Shop the foregoing only applies to machines (and not to other Products) and notification of intention to cancel can be made to a member of Enable Shop staff. Once you have notified us of your intention to return the Product/s, you will have 14 days to return the Product/s to us, in accordance with our return policy detailed in Article 4.4 of the present General Conditions of Sales. You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.

4.3 Effects of withdrawal
If you exercise your withdrawal right, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

4.4 Return Policy
When you return the Product, you must return the Products to us in an undamaged and unused condition at your expense (unless the Product is faulty or not as described) without undue delay and in any event within 14 days from informing us of your intention to return the item. You may be released from returning the Products at your expense by calling our Customer Relationship Centre on +353 21 4372607and requesting a free return label. Insofar as possible and practicable, the Products should be returned in their original condition and packaging.

At your expense (unless the Product/s is/are faulty or not as described), you shall send back the Products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

To the extent practicable, and for due process of you request, the Products should be returned accompanied by the invoice and the return form. The deadline is met if you send back the Products before the period of 14 days has expired. Your legal rights regarding defective Products (those that are faulty or mis-described) are not affected by your rights of return and refund in this Article 4 or by anything in these General Conditions of Sales.

All demo or display items sold as seen from our shop, are not returnable to Enable. No refund will be offered. Management reserve the right to accept these goods back at their discretion on receipt of a written letter outlining the customers reasons and may either offer a credit note to the value of goods or a 25% restocking charge may apply on a case by case basis.

4.5 Warranties
Machines purchased are guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation. Please consult your Product documentation for detailed information on the manufacturer’s warranty, which is without prejudice to any of your statutory legal rights.

4.6 After-Sales Services
You are responsible for the standard maintenance and care of any machine you purchase from us. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Enable shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.

If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact our Customer Relationship Centre on +353 21 4372607 for advice and assistance. If your requirements are complex, Enable may collect your machine at a pre-arranged time and bring back your machine when repaired at the chosen address.

  1. LIABILITY

The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Enable shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Enable‘s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Products in respect of which damages are claimed.

Enable is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable.

Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us Product We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products under the Consumer Protection Act 2022; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  1. FORCE MAJEURE

Enable will make every reasonable effort to fulfil its obligations. However, Enable cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the Production, transportation or delivery of Products. In the event of a delay caused by force majeure, Enable‘s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Enable will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including delivery charges.

  1. SEVERABILITY

If any provision or part-provision of these General Conditions of Sale is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these General Conditions of Sale.

  1. LAW AND FORUM

The present General Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Enable shall be governed by and construed in accordance with the laws of Ireland. Any dispute or claim arising out of or in connection with General Conditions of Sales or your purchase of Products from Enable (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland.

 

Statutory Withdrawal Form

Withdrawal form (Complete and return this form only if you wish to withdraw from the contract)

To Enable Unit 3a Kilnagleary Industrial Estate, Carrigaline, Co. Cork, P43KV82:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) delete as appropriate