Terms and Conditions

Please read these terms and conditions carefully before using this Website. Your continued use of this Website constitutes your agreement to be bound by these terms and conditions which shall govern (a) your access and/or use of this Website and (b) all orders made by you, to the exclusion of any other terms and conditions. Tattersalls (Ireland) Limited ("Tattersalls", "we" or "us") reserves the right to vary these terms and conditions from time to time. Any such changes will be posted on this section of the Website and your continued use of the Website constitutes your agreement to be bound by the prevailing terms and conditions.

A. Terms of sale

1. Payment options:

We accept most major credit and debit cards in partnership with WorldPay, part of the Royal Bank of Scotland Group.

Please note that certain terms of sale detailed below pertain only to transactions in respect of the Tattersalls Ireland Shop
2. Delivery Methods & Times:

The majority of orders are dispatched by registered post. We will try to process all orders within 5 working days but if you have an urgent deadline please let us know and we will do our best to help. If you have not received your order within 7 working days please contact us (for details see Part D of these terms and conditions). We can only ship goods to the cardholder's statement address.

3. Delivery Charges:

Delivery charges are shown at check out. All delivery charges include VAT where applicable.

4. Consumer cooling-off period:

4.1. If you are contracting as a consumer, you are entitled to a statutory cooling-off period beginning when you make your order and ending 7 working days after you receive the goods. If you are not happy with the goods you should inform us of this in writing during this period (email is acceptable) and return the goods to us.

4.2. If you have received the goods before you cancel the contract then you must send the goods back to our contact address at your own risk and cost as soon as possible. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

4.3. Once you have notified us that you are cancelling your contract, we will refund to you all monies paid by you for the goods in question, except for the return delivery charges, in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition that they were in when delivered to you. If you do not return the goods delivered to you or do not pay the return delivery costs, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.

5. Damaged or Defective Goods:

We will make every effort to ensure that the goods you have ordered arrive in perfect condition. If the goods arrive damaged in any way or are otherwise defective, customers should contact us within 3 working days of receipt and return the package within 7 working days. We will either send replacement goods or a replacement item, upon confirmation that the damaged item(s) have been returned. If the goods returned to us are found to be defective, we will refund all monies paid by you for the goods (including delivery costs) together with any return delivery charges you may have reasonably incurred.

6. Application of Value Added Tax (VAT):

VAT is included in the prices we display on the Website but will not be shown as a separate item on the printed till receipt that we will send to you.

7. Capacity to enter contract:

To be eligible to enter a contract to purchase goods through this Website, you must register with us by providing the requested information including your real name, payment details including your cardholder address (which will also be the delivery address), e-mail address and telephone number and you must be over 18 years of age.

8. Orders:

All goods featured on this Website constitute an .invitation to treat. and not a formal offer by Tattersalls. The following are the technical steps required to create a contract to purchase goods via this Website:

8.1. you place an order on the Website by selecting an item and following the instructions on the Website and finally by clicking on the "make payment" button at check out. You will be able to identify and correct any input errors prior to clicking on the "make payment" button;

8.2. you will receive an "order confirmation" e-mail from us setting out the goods you have ordered and the price including all taxes and delivery costs. This is a confirmation of an order and does not constitute a binding contract between us;

8.3. we will authorise your debit or credit card payment through WorldPay who will send you a "Thank you you've paid" confirmation e-mail;

8.4. once the payment has been authorised we will despatch the goods to you and send you a confirmatory e-mail at which point there will be a binding contract between us, the language of which will be concluded in English;

8.5. you should retain all e-mails relating to the order and contract;

8.6. the details of your specific contract will not be filed by us, but if you do require any information regarding your orders please contact us (for details see Part D of these terms and conditions).

9. Cancellation by us:

9.1. We reserve the right not to accept any order at any time for any reason, including if:

9.1.1. we have insufficient stock to deliver the goods you have ordered;

9.1.2. we do not deliver to your area;

9.1.3. one or more of the goods ordered was incorrectly described or priced on the Website;

9.1.4. the payment transaction is not authorised; or

9.1.5. you have not complied with the provisions of paragraph 8 of these terms and conditions.

9.2. If we do cancel your order we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the order as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

10. Stock levels:

As far as is reasonably possible, all products featured on the Website are in stock, however the purchase of goods is subject to availability. If any product is out of stock we will notify you of an approximate delivery date.

11. Risk and title:

11.1. The products will be at your risk from the time of delivery.

11.2. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

12. Our liability:

12.1. Our liability for any losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product(s) you purchased.

12.2. This does not include or limit in any way our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which we cannot exclude by law.

12.3. We are not responsible for indirect losses, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; or (e) loss of data; however arising and whether caused by tort (including negligence), breach of contract or otherwise.

13. Import duty:

13.1. If you order products from this Website for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14. Written communications:

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Data protection:

Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Acts 1988 to 2003. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information.

16. Unforeseen Circumstances:

While every effort will be made to meet your demands, cancellations or variations may be necessary as a result of an act of god, war, strike, lockout, labour dispute, fire, flood, drought or other causes beyond our reasonable control (Force Majeure Event). We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by a Force Majeure Event. Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

17. Complaints:

If you have a complaint, please contact us immediately by fax, phone or e-mail (for details see Part D of these terms and conditions). Any complaint will be dealt with fairly, effectively and confidentially. These complaints will be dealt with within 7 working days. These terms and conditions do not affect your statutory rights as a consumer.

18. Invalidity:

If any part of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions, or the remainder of any such contract, will not be affected.

19. Law and jurisdiction:

These terms and conditions and any contract for the purchase of products through this Website shall be governed by and construed in accordance with Irish law. Any dispute arising from, or related to, these terms and conditions or such contracts shall be subject to the jurisdiction of the Courts of Ireland.

20. Entire Agreement:

These terms and conditions, together with our current Website prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

B. Intellectual property rights

The content of this Website is © Tattersalls (Ireland) Limited 2008. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us.

C. Disclaimer

Tattersalls is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Tattersalls makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Tattersalls howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither Tattersalls nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Tattersalls' liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Tattersalls accepts no liability for any information or content contained in external third party websites which link to or from this Website. If you decide to access any third party websites linked to this Website, you do so entirely at your own risk.

D. Contact us

The registered office of Tattersalls (Ireland) Limited is:

Fairyhouse
Ratoath
Co. Meath
Ireland
Telephone: 01 886 4300
Fax: 01 886 4303
E-mail address: info@tattersalls.ie

Company registration number: 49072

VAT registration number IE 1408799K