1. ABOUT THIS DOCUMENT
1.1 What they cover
Welcome to Kilkenny Airsoft . This document sets out the terms and conditions applicable to all sales by Kilkenny Airsoft , including through its websites, by telephone, mail order, and catalogue sales (referred to as the sales terms). We may change these sales terms at any time, but no changes will apply to any orders you submitted before the change.
We may change these Conditions at any time, and any changes will take effect on the date they are posted on our Website. Those changes will not affect any orders you submitted before the change.
1.3 No Application To Catalogue Sales
Note that these Conditions and the other terms and conditions on this site (including those relating to prices, Delivery Charges, delivery times and returns policies) are not the same as those which apply to purchases made from other web sites maintained by Kilkenny Airsoft mail order or catalogue sales.
1.4 Exclusion of your terms of purchase
If you are a Business Purchaser, these Conditions apply to the exclusion of your own terms and conditions of purchase notwithstanding anything to the contrary in your own terms and conditions and you waive any right you otherwise may have to rely on your terms and conditions.
2. ABOUT Kilkenny Airsoft
Kilkenny Airsoft is a trading name of Kilkenny Airsoft Limited. Kilkenny Airsoft supplies customers in Ireland (excluding Northern Ireland). We are a company registered in Ireland, with company number 497058 and a registered address at Wallslough Village, Wallslough, Co. Kilkenny. References to Kilkenny airsoft, we, us and our in this document are to Kilkenny Airsoft Limited.
We may also be contacted at firstname.lastname@example.org
3. APPLICABILTY OF TERMS
These Conditions apply to all sales of Goods by us to you through the Website, and shall apply to any orders you submit through the Website.
In these Conditions, the following terms shall have the following meanings:
“Consumer”: means a natural person who is acting for purposes which are outside the persons trade, business, craft or profession.
“Business Purchaser” means any person or entity which purchases Goods through the Website who is not a Consumer.
the “Website” means www.kilkennyairsoft.ie
“You” or “you” shall mean you, a Consumer or Business Purchaser (as applicable).
the “Contract Documents” means the web pages through which you ordered the Goods, these Conditions, the descriptions and specifications of the Goods on the Website, and our e-mails to you acknowledging and/or accepting your order.
the “Delivery Charges” means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you.
the “Delivery Address” means the delivery address you provided to us in your account or as stated in the ordering web pages;
the “Goods” means the Goods you are purchasing under these Conditions;
the “Price” means the price of the Goods as stated in the ordering web pages and any order confirmation e-mail we send to you;
the “Ordering Web Pages” comprise your shopping trolley and the checkout and other ordering pages generated by our Website and sent to your browser’s specific to your orders;
“working day” or “business day” means Monday to Friday, except bank or other public holidays in Ireland.
5. HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the Goods on these Conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2 Acceptance of your order
For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched. For other orders, acceptance of your order will occur and a binding contract is formed when we send the order acknowledgement e-mail.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the Price, Delivery Charges, VAT and other amounts payable in respect of the order, unless you are a Business Purchaser and you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the Price, offer, or product has changed or because any of the Goods you have ordered are not available.
6. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the Goods specified in the Contract Documents. If you contract with us as a Consumer, you must be aged 18 years or over to purchase from our Website.
The Goods will be the make and model of Goods specified in the Ordering Web Pages, will correspond to the essential characteristics, description and specification set out in our Website at the time of order. We will not be responsible for variations between the description of the Goods on our Website and the manufacturer’s specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the Goods or be the subject of any claim against us.
8. CHARGES AND VAT
You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all charges, at the same time as the charges. If you are a consumer all stated charges are inclusive of VAT; and if you are a business, all charges are stated exclusive of VAT.
9. PAYMENT TERMS
9.1 Payment With Order
Unless you are a Business Purchaser and credit terms have been agreed, payment of the Price, Delivery Charges, and all other fees and amounts must be made with your order.
9.2 Credit Account
If you are a Business Purchaser and you have a credit account with us, then the Price, Delivery Charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of your order.
9.3 Payment Methods
We accept payment by PayPal and all Cards accepted via PayPal. Payment is deducted when we process your order, if payment is due with order.
If you are a Business Purchaser and credit terms have been agreed, then we also accept payment by cash and bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorized or cleared for any reason we will tell you.
9.4 No Set-off
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
Insofar as you are a Business Purchaser and you fail to pay any amount on time, then we shall have the rights set out in the European Communities (Late Payment in Commercial Transactions) Regulations, 2012 as may be revised from time to time. If that legislation does not apply, then we may charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annul rate of 8% over the interest rate applied by the European Central Bank to its most recent main refinancing operations carried out before 1 January and 1 July in each year and published in the Official Journal of the European Communities[base rate from time to time].
10.1 Delivery Address
Delivery will be to the Delivery Address selected or provided by you in the Ordering Web Pages. If no address was selected, then delivery will be to the address at which your payment card is registered, or to any other address you have provided. Please note that we only deliver to premises located in Ireland (excluding Northern Ireland).
10.2 Delivery Days
We only deliver on working days, within the working hours specified on our Website (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.00 p.m., please calculate your delivery time as if your order had been placed the following working day.
10.3 Delivery Timescales
We will use reasonable efforts to deliver the Goods by the delivery dates or within the delivery time scales stated in the Ordering Web Pages, or our standard delivery time scales stated on our Website, if a specific time scale has not been stated in the Ordering Web Pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Subject to the next sentence in respect of consumers, if we do not make a delivery date and we fail to deliver within 30 days and any additional period of time as may be agreed with you, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
We may make delivery of the Goods by instalments.
10.5 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time. We will give you the option of collecting the products from our depot or requesting further delivery attempts at further delivery charge. We will store the products for a maximum of 2 months, after which we may sell the products and (if we have not refunded to you the price for the products) account to you for the proceeds less our reasonable storage costs and any other amounts which you are liable to pay us.
10.6 Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your Goods, as this will be important if you are returning the Goods later on.
Unless an installation service is provided as part of your Goods order, you will be responsible for unpacking and installation of any Goods.
10.8 Inspection on delivery
When you receive the Goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the Goods you ordered, and within 10 working days of receipt of the Goods if you consider that the Goods are faulty or damaged, otherwise the Goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Goods and your statutory rights or right to cancel the contract if you are a Consumer are not affected.
If you are a Business Purchaser, risk in the Goods shall pass to you on delivery. If you are a Consumer, risk in the Goods shall pass to you when you acquire the physical possession of the Goods.
10.10 Retention of Title
Title to the Goods passes to you on delivery, unless the Price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the Price and all other amounts payable under the contract. You agree that we may still sue for the Price, notwithstanding that title has not passed. If you are a Business Purchaser, you also agree that your right to possession and use of the Goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the Goods are kept for the purposes of repossessing them.
11. CANCELLATION RIGHT
Where you are a consumer, then you have the right to cancel the contract for any products without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the “Cancellation Regulations”), on and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or miss-described products. If you are a business then we also give you a right to cancel the contract for any products without giving any reason in accordance with the terms detailed below.
11.2.1 All Customers
Your cancellation right does not apply to the following products (unless such exceptions are not permitted by the Cancellation Regulations): where our website or catalogue states that the cancellation right does not apply to that product; gift cards; products made to your specifications or personalised for you, such as personalised stationary, labels and forms, and stamps; sealed audio or video recordings and sealed computer software packages, if the seals are broken after delivery; stamps; and products liable to deteriorate or expire rapidly.
11.2.2 Business Customers
If you are a business, your cancellation right does not apply to the following products: furniture; services; products that have been assembled after delivery, including by us under our installation service; used products, other than use simply to test that they work and are in the condition required by the contract; products not returned with all packaging, contents, documents, and other items supplied with or as part of the products, including any free gifts; products damaged or marked in any way after delivery; and products not returned in a resalable condition (being resalable for at least 80% of the price they were sold to you) due to anything occurring after delivery; or products title to or possession of which has been given by you to a third party.
11.3 Cancellation Deadline
You may exercise your right to cancel at any time up to the time stated below (the “cancellation deadline”). The cancellation deadline is 14 days after delivery of the products. For consumers, the Cancellation Regulations in fact allow you only 14 days. If the contract covers multiple products, then the cancellation period runs from the delivery of the last of those products.
11.4 How to exercise your right to cancel
11.4.1 Informing us
To exercise you right to cancel, you must inform us of your decision by a clear statement to us. If you are a business customer, that statement must be in writing.
11.4.2 When you must inform us
If you are a consumer, it is sufficient to meet the cancellation deadline if you send your statement before the cancellation deadline, even if we do not receive it until after the cancellation deadline. If you are a business, we must receive your statement before the end of the cancellation deadline.
11.4.3 Methods of informing us
You can exercise your right to cancel in any manner you decide, but we would prefer one of the following: e-mailing us, telephoning us, or contacting us using any details on our website at https://www.kilkennyairsoft.ie or writing to us at Wallslough Village, Wallslough, Co. Kilkenny quoting your order reference number. You may use the model cancellation form, below, but it is not obligatory:-
Model cancellation form
To: Kilkenny Knife and Tool.
[I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the following products:
Product Name: [ ]
Ordered On: [ ]
Received On: [ ]
Customer Name: [ ]
Customer Address: [ ]
(only if this form is notified on paper),
11.4.4 Order reference number
It will save time if you can supply us with your order reference number when you cancel, but don’t worry if you are not able to find this.
11.5 Return of the products and costs of return
If the products have been delivered, then you must return the products to us in accordance with the following arrangements. Return of the products includes all packaging, contents, documents, and other items supplied with or as part of the products, including any free gifts.
11.5.1 When products must be returned by
You must return the products to us without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel.
11.5.2 Return of the products by you
Subject to clause 11.5.3, you must send the products back to us at Wallslough Village, Wallslough, Co. Kilkenny, or at such other address we may specify.
11.5.3 Collection by us
We may at any time request to collect the products from you, and in such case you must make the products available for collection when requested by us, in accordance with such reasonable arrangements as we may specify. If we send you a pre-paid package (e.g. a jiffy bag) to return the products to us in, then you must return the products using any such package.
11.5.4 Costs of returning the products
You must bear the direct cost of returning the products to us, including our direct costs of collecting the products from you. If we incur any such costs, then you shall reimburse us these costs. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that we may deduct such costs from any refund which we are obliged to make to you.
11.5.5 Risk and insurance of products
The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly.
11.6 Condition of products returned
If you handle the products beyond what is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery, or missing anything that was present on delivery. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
11.7 Service Contracts
If any services are being purchased under the contract, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
11.8.1 Amount of Refund
If you are a consumer and you cancel this contract in respect of a product, we will reimburse to you all payments received from you under the contract with respect to such product, including the price, delivery charges and any other charges; but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery.
If you are a business consumer and you cancel this contract in respect of a product, we will reimburse to you the price paid by you with respect to such product, but not any delivery or other charges paid by you, and not any VAT paid by you.
(B) Deductions from refund
We may deduct from your refund the amounts detailed in this clause 13, including the costs of return of the products and any diminution in the value of the products. You will not incur any fees as a result of the reimbursement. 11.8.2 When your refund will be given.
11.8.2 When your refund will be given
If you are responsible for sending the products back to us, then we will provide the refund without undue delay, and not later than the earliest of the following dates: 14 days after the day we receive the products back from you; 14 days after the day you provide evidence that you have sent the products back to us; and (if the products have not been delivered) 14 days after the day on which we are informed about your decision to cancel. However, if we originally offered to collect the goods, rather than requiring you to send them back, then we will make the refund within 14 days of the day you informed us of your decision to cancel.
We will provide the refund within 30 days after receiving all of the cancelled products back from you.
11.8.3 How your refund will be given
We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
11.9 Invalidly Returned Products
If you are a business, you cancel, and we subsequently discover or prove that you had no right to cancel, then: (a) such cancellation shall cease to have effect; (b) you must continue to pay the price, delivery charges and other charges for the products, and repay any refund given; (c) you must arrange for collection of the products from us; (d) we may make a reasonable storage charge, and we may make an additional charge for re-delivery of the products to you; and (e) if you have not collected or taken re-delivery of the products within 2 months, then we may sell the products as your agent, and account to you for the proceeds (if we are retaining the price for the products), less costs of sale and any amounts payable by you to us.
12.1 Manufacturer’s Warranty
We hereby assign to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the Goods. You are responsible for dealing directly with the manufacturer concerning claims under that warranty.
12.2 Our Warranty
We warrant that the Goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the Goods;
(b) we will replace the Goods with Goods which do conform to the contract; or
(c) we will take the Goods back and refund you all amounts paid by you under the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
12.3 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the Goods are hereby excluded to the fullest extent permitted by law. If you contract with us as a Consumer, this shall not affect your statutory rights which cannot be excluded or varied under applicable law.
13 LIMITATION OF LIABILITY
13.1 Meaning of “liability”
In the contract, references to our “liability” shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the Goods.
13.2 Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract in the event of a valid cancellation or warranty claim under Clause 12.2 to the extent applicable.
13.3 Excluded Types of Loss
Subject to the Clause 13.2, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the Goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
13.4 General Limitation
With the exception of liability covered by Clauses 13.2, 13.4 and 13.5 above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the Price, Delivery Charges and other amounts payable by you under the contract.
14. FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
15. Kilkenny Airsoft RIGHT TO CANCEL OR VARY
(a) we are not able to supply any of the Goods for genuine reasons beyond our control, for instance, because we did not have the Goods in stock, or sufficient Goods in stock to meet all our orders, and we are not able to obtain the Goods from our suppliers at all or in time to meet the delivery time scales; or
(b) our Website and/or Ordering Web Pages contained any error, including in relation to the description or Price of any of the Goods; or
(c) if any of the Goods are not in stock or insufficient Goods are in stock to meet all our orders and cost of acquiring the Goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
we shall be entitled to cancel the contract as a whole or in respect of those Goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the Goods, the Price and Delivery Charges, and delivery time scales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
16.1 Entire Agreement
The Contract Documents, together with these Conditions, constitute the entire agreement between you and us for the sale and purchase of the Goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the Contract Documents or these Conditions. Any variation or alteration to these Conditions shall only be binding upon us if made in writing and signed by a director of Kilkenny Airsoft. No employee, other than a company director, has authority to change the terms of these Conditions.
16.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
16.3 Assignment by Kilkenny Knife and Tool
We shall be entitled to assign the benefit of the contract and any debts under the contract.
16.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.
We may sub-contract our obligations under the contract.
16.6 Invalid Terms
Each of the terms of the contract is separate and sever able, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
16.8 Law and Jurisdiction
The contract shall be governed by the laws of Ireland and to the fullest extent permitted by law if you are a Consumer, the courts of Ireland shall have exclusive jurisdiction.
16.9 Stock Alert Textback
Kilkenny Airsoft does not charge you for text messages for our stock alert service. Normal network charges may apply. We will only use your mobile number to update you about the product you have inquired about.