Terms and Conditions

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site mcelligotts.ie . This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

It assists us in providing the best possible service to you for our respective commitments and responsibilities to one another to be clearly defined at the point of sale. These commitments are set out below and we request that you read them.

You are entirely responsible for any and all activities that occur under your account which is provided to you by McElligotts LTD. You agree to notify us immediately of any unauthorised use or any other breach of security.

We do not hold any personal data. Instead, personal data is stored on a remote secure server and used and is the full responsibility of Microsoft Azure who host the website.

Definitions

"Conditions" means these terms and conditions

"Product" means a product displayed for sale on the Website

"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided

"Users" means the users of the Website collectively.

Conduct

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website.

All information, designs, drawings and other specifications provided on the website are the exclusive property of McElligotts Ltd. Any copying, transmission or re-transmission of the same requires the prior written approval of McElligotts Ltd.

Description of Products

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times and after-sales service.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.

Images are for illustration purposes only.

Purchase of Products

The order process is as follows:
You place the order for your products on the Website by pressing the purchase button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from McElligotts Ltd.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.

In the event of any of the above 5 points occurring we will contact you at the earliest possible opportunity.

The Customer undertakes that:

All details it provides to McElligotts for the purpose of purchasing Products or Services offered on McElligotts web site are correct, and
the credit or debit card used by the Customer to make a purchase is the Customer's card, that the Customer is authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Products or Services ordered.
McElligotts Ltd reserve the right to obtain validation of a Customer's credit or debit card details before providing any Products or Services to the Customer. The Customer consents to McElligotts using the credit or debit card details provided by the Customer to obtain a credit reference and perform security checks.

Payment

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this Website.

Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account upon order.

All goods must be paid for in full before delivery.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Pricing errors

In the unlikely instance that we notice a pricing error, we will contact you as soon as possible. We will offer you the option of cancelling your order or re-confirming it at the correct price.

If we cannot contact you via the details that you have supplied, we will consider the order as cancelled, a refund will be processed and we will confirm this by email.

Once processed, cancelled orders will receive a refund within 14 days.

Amendments

If you need to make a change to your order prior to delivery, contact the sales person and inform them of the item to be changed. If the item in question has been specially ordered for you, we regret that it cannot be cancelled as production will already have commenced. You are not entitled to a refund if you simply change your mind. All refunds agreed are issued by cheque and will be posted out to you within 7 working days.

Delivery

We will endeavour to deliver the products to you within the lead-time shown for each product at the time of purchase, where this is practical.

However, products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only.

We will not be responsible for any losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products.

At the time of delivery you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.

It is your responsibility to advise us at the time of ordering your furniture of difficulties that may be encountered when delivering to your property, ensuring this information is documented in our online checkout process or in emailing sales@mcelligotts.ie quoting your order number and billing address.

Safe access to the room of choice must also be considered ensuring the route is clear. Any costs incurred effecting delivery will not be the responsibility of Mcelligotts. ie door or window removal etc.

McElligotts are only responsible for delivery to your front door. We always give delivery and lead times in good faith but cannot be held responsible for any direct or indirect loss due to any reasonable delay or delays due to unforeseen circumstances outside of our reasonable control.

If for any reason a piece of furniture cannot be delivered due to access problems, or delivery appointments missed, it will remain the property of the customer, any further attempts to deliver by McElligotts will incur a delivery charge.

If you need to change the delivery address of your order please contact McElligotts. McElligotts must be advised of any cancellation of booked deliveries at least 48 hours before the scheduled delivery. A delivery cannot be cancelled on the day of delivery as the goods are loaded the afternoon before.

We operate an “all day” delivery policy; if you contact us after 10am on the morning of your delivery we can give you the delivery drivers’ telephone number. The driver will give you an approximate time only as circumstances beyond our control such as traffic congestion, breakdowns and inclement weather all play a role in the time you get your delivery. If you require your furniture to be placed in a specific room we are happy to do so, however we cannot accept any liability for any damage to property that might happen therein as a result.

Assembly

All bed frames and tables are delivered unassembled. If you require us to assemble any item you purchase we may be able to arrange this, there will be a charge for this service.

Cooling-off period

You are entitled to a cooling-off period of 14 days, which begins on the day that you receive the goods. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded.

During the cooling-off period, you can cancel your order without giving a reason and without incurring charges or penalties, other than possible charges incurred in returning the goods.

How do I return a product after delivery?

We are committed to selling great value, high-quality products. We hope you'll enjoy our products but we also know that, for one reason or another, there may be a time when you need to exchange or return something you've bought for various reasons. We're happy to exchange your purchase (under the conditions of our returns policy below) as long as it's unopened and in its original packaging. This option is available for 14 days after delivery. However, any faults with the item need to be reported to us within 24 hours of your delivery or collection date.

Mattresses cannot be returned if unsealed, due to hygiene reasons.

If you prefer, we can arrange to collect the items for you. A €79 collection fee will be chargeable for this service.

Please note that products must be returned in as new condition in the original packaging.

You will be liable for any diminished value of the goods resulting from the handling of the goods by you beyond that necessary to establish their nature, characteristics and functioning.

Conditions of returns policy

To receive a refund you must take care of the goods. If you fail to do so we reserve the right to refuse the refund or deduct a charge based on the condition of the goods. It is not possible to refund made-to-order items unless you cancel them in accordance with your rights or they are faulty/not as described. Your statutory rights are not affected.
Your refund will be processed as soon as possible and, in any event, within no more than 14 days of the day you have given us notice of cancellation or returned items.
Until the goods are returned to us, you are responsible for them including if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
If goods are delivered to a third party and you are unable to return them to us, you may not be entitled to a refund.
Goods must be returned in their original packaging and be in a saleable condition.

Purchases completed in store have a different returns and cancellation procedure. Please see below for more information.

Online returns policy

If for whatever reason you change your mind or you are unhappy with your purchase made on-line, you have the right to cancel your order within 14 calendar days of the delivery of the product.

Please note this is subject to the cost of returning the item and certain product exclusions apply as detailed below.

This cancellation period will expire after 14 days of the delivery date.

Please note that you must inform us of your decision to cancel your order either by post or by email to sales@mcelligotts.ie by providing us with a clear request to return goods.

Products Excluded from Returns

Please note that returns are not permitted in relation to the following products (unless the item is damaged or faulty) –

• Mattresses and bedding products cannot be exchanged or refunded for hygiene purposes unless the product remains unused and unsealed in its original packaging;

• Special or customised product orders made on the specifications of the customer;

• Products which a customer has chosen to have assembled on delivery.

Please note that the above provisions are in compliance with the provisions of the European Union (Consumer Information, Cancellation and other Rights) Regulations 2013 and as such your statutory rights are not affected.

Conditions of our in store purchase returns policy

We would strongly advise customers before purchasing, to ensure that the measurements of all entrances are suitable for the intended purchase, as we are unable to offer a refund if the items are found unsuitable. If your purchase does not fit or suit we can issue you with a credit note, less a 20% re-stocking fee if it is in its original packaging. Special orders cannot be returned.

If you wish to return goods, collection of these can be arranged by contacting us and a collection fee will apply, this collection fee varies depending on where you live. This collection fee may or may not be greater than the original delivery charge. Collection will occur on our next available date to your area. For hygiene reasons, mattresses and divans cannot, under any circumstances, be returned. We are unable to refund or exchange damaged or imperfect goods where imperfections were identified to you prior to purchase.

*NOTE: Unfortunately for hygiene reasons mattresses, pillows and mattresses toppers cannot be returned if removed from their original packaging. Unless faulty, we cannot accept returns on custom furniture orders.

Guarantee

Your purchase is warranted to be free of defects in material and workmanship under normal use for a period of one year from the date the goods were received. In the unlikely event that you feel you have an issue with the product, please contact sales@mcelligotts.ie where they will do everything possible to quickly resolve any issues you may have.

Privacy Policy

McElligotts do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party.

Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the ‘Remember Me’ Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to ‘Tools | Internet Options | Privacy’ and selecting to block cookies.

Data Protection

Any data given by the customer is used only to process orders. Credit card details are not stored online, so no unauthorised person can gain access to them.

Company Name: McElligotts Ltd

Limitation of Liability

The material displayed on our website is provided without any guarantees, conditions or warranties of any kind as to its accuracy or any other matter and we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

You agree we are not liable for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or result of the use of our website (whether through use of goods purchased via the website or otherwise), any websites linked to it and any materials posted on it, including, without limitation any liability for economic loss (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation; or special or indirect loss suffered by that party arising out of or in connection with the provisions of any mater under these terms and conditions.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable laws.

You agree to indemnify us and keep us indemnified, each of our related entities and other persons involved in the creation and operation of this website from any and all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website.

This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.