Website Terms and conditions of sale
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE MERVUE.IE WEBSITE.
Welcome to the Mervue.ie online store. Mervue provide their services to you subject to the Terms below. If you visit or shop within this website, you agree to be bound by these Terms. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any products from us. Please note that by ordering our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print of keep a copy of these terms for future reference.
We amend these terms from time to time. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time.
This Website is operated by Mervue.ie a company registered in the Republic of Ireland with company number 553255. Our registered address is Unit 9 Watergrasshill Business Park, Watergrasshill, Co. Cork, T56 HH98, Ireland
Our VAT number is IE 3329884HH
When you visit Mervue.ie or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mervue.ie or its content suppliers and protected by international and Republic of Irealnd copyright laws. The compilation of all content on this site is the exclusive property of Mervue.ie.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it . We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, and at our discretion. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Intellectual property rights
License and Site Access
Mervue.ie grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mervue.ie. This license does not include any resale or commercial use of this site or its contents: any products and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mervue.ie . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mervue.ie and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Mervue.ie name without the express written consent of Mervue.ie. Any unauthorized use terminates the permission or license granted by Mervue.ie. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mervue.ie so long as the link does not portray Mervue.ie, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mervue.ie logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Mervue.ie and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Our right to vary these terms
We may reverse these Terms from time to time. Every time you order products from us, the Terms in force at that time will apply to the contract between you and us.
All transactions carried out on this website are the responsibility of Mervue.ie.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control (Force Majeure). If we are unable to meet the estimated delivery date because of an Event Outside of Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case contact us to rearrange delivery. Additional delivery charges may be levied by us in respect of any such rearranged delivery. The products will be your responsibility from the completion of deliver. You own the Products once we have received payment in full, including all applicable delivery charges.
Price of products & delivery charges
The prices of the Products will be as quoted on our site or in our publications from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was published. However if we discover an error in the price of Product(s) you ordered, please see clause below point for what happens in this event. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. The price of a Product as advertised excludes VAT for Equine products and includes VAT for the Canine and Feline products at the applicable current rate chargeable in the Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page. The price of a Product may increase in case a small order handling charge is applied. Details of such charges are as quoted on our site from time to time. To check the charges, please refer to our Delivery Charges page.
Our site and our publications contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site or in our publications may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that we do not have to provide the Products to you at the incorrect (lower) price.
How to Pay
You can pay for Products using a debit card or credit card or via PayPal. Payment for the Products and all applicable delivery charges is in advance and Products will on be dispatched once payment had been received in full.
Our liability if you are a consumer
This clause only applies if you are a consumer. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our liability if you are not a consumer
If you are not a customer and we fail to comply with these terms we are responsible for the loss and damage you suffer confined and limited to the price of the product supplied.
Events outside our control - Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below. An Event Outside Our Control, means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts or under the provision s of the Sale of Goods and Supply of Services Act, 1980 (As Amended). Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. If you are a consumer, please note that these Terms are governed by the laws of the Republic of Ireland. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by the laws of the Republic of Ireland. You and we both agree to the exclusive jurisdiction of the Courts of the Republic of Ireland. This means that a contract and any dispute or claim arising out of or in connection with or its subject matter or formation (including non-contractual disputes or claims will be governed by the laws of the Republic of Ireland. We both agree to the exclusive jurisdiction of the Courts of the Republic of Ireland.
Reviews, Comments, Emails, and Other Content
Visitors may post product reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mervue.ie reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mervue.ie a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mervue.ie and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Mervue.ie or its associates for all claims resulting from content you supply. Mervue.ie has the right but not the obligation to monitor and edit or remove any activity or content. Mervue.ie takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Mervue.ie are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Mervue.ie attempts to be as accurate as possible. However, Mervue.ie does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mervue.ieitself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MERVUE.IE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MERVUE.IE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MERVUE.IE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERVUE.IE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MERVUE.IE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.mervue.ie.com (“our site”). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. Mervue.ie.com is a site operated by Mervue.ie (Irish CRO no. 553255) (“We”, “we” or “us”). Our registered office is atUnit 9 Watergrasshill Business Park, Watergrasshill, Co. Cork, T56 HH98, Ireland
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards .
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Ireland and in any country from which they are posted.
Suspension and termination
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
By visiting the Mervue.ie website, you agree that the laws of the Republic of Ireland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MERVUE.IE or its associates.
Any dispute relating in any way to your visit to Mervue.ie or to products you purchase through MERVUE.IE shall be submitted to Confidential Arbitration in the Republic of Ireland which said Arbitration shall be conducted in accordance with the provisions of the Arbitration Act 2010 except that to the extent you have in any manner violated or threatened to violate Mervue.ie’s Intellectual Property Rights which shall permit Mervue.ie to assert its rights by way of injunctive relief or otherwise through the Courts of the Republic of Ireland.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to MERVUE.IE. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Each part delivery or installment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery or installment shall entitle THE BUYER To treat the Contract as repudiated in regard to any balance or instalment remaining deliverable.
Thank you for visiting our site.