Terms & Conditions of Sale
"Supplier" means Smile4u.ie located at 3 Castlemorris Mews, Ballymullan, Tralee Co Kerry
"Conditions" means these Terms and Conditions of Sale.
"Contract" means the contract for the sale of the Goods by Smile4u.ie governed by these Conditions.
"Customer" means the person, firm or company from whom an Order is accepted by Smile4u.ie .
"Goods" means the articles, equipment, consumables or any of them described in the Order and supplied under the terms of the Contract.
"Order" means the order placed by the Customer for the supply of the Goods.
The Contract and all agreements from time to time entered into between Smile4uand the Customer which provide for the sale of any goods by Smile4u.ie to the Customer shall be deemed to incorporate these conditions which represent the entire agreement of Smile4u.ie and the Customer with regard to the Goods except as may be otherwise specifically agreed in writing by Smile4u.ie . These Conditions shall override any terms and conditions stipulated, incorporated or referred to by the Customer in any order, correspondence, negotiations or in any other way.
No Order is binding on Smile4u.ie until expressly accepted by Smile4u.ie.
Acceptance of delivery of the Goods by the Customer shall be deemed to constitute acceptance of these Conditions to the exclusion of all other terms
and conditions whatsoever.
If any term or condition herein (or part thereof) is held to be invalid or unenforceable for any reason by any court or competent authority, it is to that extent to be deemed removed from the Contract without prejudice to the validity or effectiveness of the remaining terms and conditions hereof.
Title & Risk
The title in all merchandise supplied shall remain vested in Smile4u.ie until the full purchase price shall have been paid and until Smile4u.ie has received in cleared funds all sums which are or which may become due to Smile4u.ie from the Customer on any account.
Notwithstanding the above, the risk shall pass to the Customer at the time the goods are delivered.
Any Goods submitted to Smile4u.ie for return shall be sent at the risk and cost of the Customer.
Prices & Payment Terms
Prices and discounts are subject to change without notice and are ex-warehouse. Value Added Tax will be added at the prevailing rate. Insurance, handling, packing and delivery charges are amounts which the customer shall pay in addition.
Orders are accepted with the understanding that Goods will be billed at prices prevailing on date of shipment. If a pro-forma has been issued, the prices quoted therein will apply if the corresponding order is received before the expiry date of the pro-forma.
Payment terms are pre-payment in full for all web based orders. Trade customers must make payment within 30 days from date of invoice.
Interest may be charged on overdue accounts at the rate of 2% per month accruing daily.
Claims for shortages, incorrect items or damaged goods must be made within 3 days after receipt of goods. Non-receipt of goods must be reported in writing within 5 days of first expected delivery date.
The Customer shall not be entitled to make any deduction from the price of the Goods or the Services in respect of any alleged rights to set off or counterclaim unless both the validity and the amount thereof have been expressly acknowledged and admitted by Smile4u.ie in writing.
Smile4u.ie , while making every effort to ensure prompt delivery of Goods, cannot be held responsible for delays or default in delivery, and will not be held responsible for any consequential costs or losses incurred by the Customer arising out of such delay or default.
Cancellation/ Returned Goods
No cancellation of any order by Smile4u.ie is permitted except where expressly agreed by Smile4u.ie in writing.
No Goods can be returned without prior written permission of Smile4u.ie. Goods approved for return by Smile4u.ie , which are received in a saleable condition, must be returned within 30 days, otherwise a handling charge of 20% plus VAT will apply.
Goods returned to Smile4u.ie are done so at the Customer's risk and must be shipped prepaid. A copy of the original invoice must accompany the return.
Smile4u.ie will not accept returns of Goods procured specifically for the Customer or where Goods are returned more than 30 days after delivery.
All sales of hygiene products such as Personal Protection Equipment (PPE) are final. No returns for credit will be permitted as Smile4u.ie cannot guarantee they have been stored or handled in an appropriate manner post delivery.
Smile4u.ie will repair or replace at its sole discretion any of its products, which are defective in manufacture, labeling or packaging within the warranty period. Other than the foregoing, there are no warranties, express or implied including any warranty of merchantability or warranty or fitness for a particular use attaching to any of the Goods sold by Smile4u.ie. The warranty liability of Smile4u.ie is limited to the duty of repair or replacement referred to above and does not include any liability for incidental, consequential damages or indirect loss claimed to result from any failure of or defect in any of the Goods supplied by or repairs effected by Smile4u.ie . Smile4u.ie will endeavor to repair or replace defective products as quickly as possible but will not be responsible for providing replacement or backup product during the period of repair. The Customer is
advised to have suitable back up facilities in the event of a breakdown of the Goods.
Smile4u.ie's total liability for all claims in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising out of any one Contract shall not exceed the Contract price.
Sales Promotion Documentation
Whilst Smile4u.ie takes every precaution in the preparation of its catalogues, technical circulars, price lists and other literature, these documents are for the Customer’s general guidance only and the particulars contained therein shall not constitute representations by Smile4u.ie and Smile4u.ie will not be bound thereby. Prices may change without notice.
Governing Law and Jurisdiction
The contract shall be governed by and construed in accordance with Irish Law and all disputes arising in connection with the Contract shall be submitted to the exclusive jurisdiction of the Irish courts.