Terms and Conditions

 
Hanly's Garden Machinery Ltd (formerlyCroom Cycles and Lawnmowers Ltd)  owns and operate this Website (hanlysgardenmachinery.ie). This
document governs your relationship with Hanlys Garden Machinery Ltd.. Access to
and use of this Website and the products and services available through this Website
(collectively, the "Services") are subject to the following terms, conditions and notices (the
"Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service,
as may be updated by us from time to time. You should check this page regularly to take
notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to
withdraw or amend the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated
by Hanly's Garden Machinery Ltd and have  no control over the Linked Sites
and accepts no responsibility for them or for any loss or damage that may arise from your
use of them. Your use of the Linked Sites will be subject to the terms of use and service
contained within each such site.
You must not misuse this Website. You will not: commit or encourage a criminal offense;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way offensive or
obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other
users; infringe upon the rights of any other person's proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as "spam"; or attempt to affect the
performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and Hanly's Garden Machinery Ltd will
report any such breach to the relevant law enforcement authorities and disclose your
identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this Website or to
your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property of Hanly's or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by Hanly's and its licensors. You may
store, print and display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the
content or copies of the content supplied to you or which appears on this Website nor may
you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following
terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from
postal delays or force majeure for which we will not be responsible. 
In order to contract with Hanly's Garden Machinery Ltd you must be over 18 years of age and
possess a valid credit or debit card issued by a bank acceptable to us. Hanly's retains the right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you have contracted
with. This will usually be Hanly's Garden Machinery Ltd or may in some cases be a third party.
Where a contract is made with a third party Hanly's is not acting as either
agent or principal and the contract is made between yourself and that third party and will be
subject to the terms of sale which they supply you. When placing an order you undertake
that all details you provide to us are true and accurate, that you are an authorized user of
the credit or debit card used to place your order and that there are sufficient funds to cover
the cost of the goods. The cost of foreign products and services may fluctuate. All prices
advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of
your order: this email will only be an acknowledgement and will not constitute acceptance of
your order. A contract between us will not be formed until we send you confirmation by
e-mail that the goods which you ordered have been dispatched to you. Only those goods
listed in the confirmation e-mail sent at the time of dispatch will be included in the contract
formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this
Website are accurate, errors may occur. If we discover an error in the price of any goods
which you have ordered we will inform you of this as soon as possible and give you the
option of reconfirming your order at the correct price or cancelling it. If we are unable to
contact you we will treat the order as cancelled. If you cancel and you have already paid for
the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card
to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon
authorisation being received. The monies received upon the debiting of your card shall be
treated as a deposit against the value of the goods you wish to purchase. Once the goods
have been despatched and you have been sent a confirmation email the monies paid as a
deposit shall be used as consideration for the value of goods you have purchased as listed in
the confirmation email.
Returns.
We are happy to exchange or refund merchandise items if returned within 14 days, provided the goods are unused, unopened and in original packaging and accompanied by a valid receipt. Shipping Charges will not be refunded.
Damaged/Faulty items once approved will need to be returned at your own cost with reciept of postage enclosed to ensure refund of postage and item or replacement if required.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law. Hanly's Garden Machinery Ltd and its suppliers, content providers and
advertisers hereby expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not be liable for
any damages whatsoever, including but without limitation to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use, profits, data or
other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute
goods and services, arising out of or related to the use, inability to use, performance or
failures of this Website or the Linked Sites and any materials posted thereon, irrespective of
whether such damages were foreseeable or arise in contract, tort, equity, restitution, by
statute, at common law or otherwise. This does not affect Hanly's liability for death or personal injury arising from its negligence, fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which cannot be excluded
or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link in such
a way as to suggest any form of association, approval or endorsement on our part where
none exists. You must not establish a link from any website that is not owned by you. This
Website must not be framed on any other site, nor may you create a link to any part of this
Website other than the home page. We reserve the right to withdraw linking permission
without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party
copyright
Except where expressly stated to the contrary all persons (including their names and
images), third party trade marks and content, services and/or locations featured on this
Website are in no way associated, linked or affiliated with Hanly's Gardem Machinery Ltd and you
should not rely on the existence of such a connection or affiliation. Any trade marks/names
featured on this Website are owned by the respective trade mark owners. Where a trade
mark or brand name is referred to it is used solely to describe or identify the products and
services and is in no way an assertion that such products or services are endorsed by or
connected to Hanly's.
Indemnity
You agree to indemnify, defend and hold harmless Hanly's, its directors,
officers, employees, consultants, agents, and affiliates, from any and all third party claims,
liability, damages and/or costs (including, but not limited to, legal fees) arising from your use
this Website or your breach of the Terms of Service.
Variation
Hanly's Garden Machinery Ltd shall have the right in its absolute discretion at any time and
without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of the Terms of Service will
not be affected all other clauses remaining in full force and effect. So far as possible where
any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining
part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the
clause shall be rectified and interpreted in such a way that closely resembles the original
meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes
when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our
rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede
any and all preceding and contemporaneous agreements between you and Hanly's Garden Machinery Ltd. Any waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of Hanly's Garden Machinery Ltd..