This page states the terms and conditions under which you may use the Eco Smart External Insulation website. The Site is operated by Eco Smart External Insulation Limited. Eco Smart is a private company limited by shares. Eco Smart is registered in Ireland (company number 525401) and has its registered office at Cloontrask, Castlerea, Co. Roscommon and Unit 1, Willsobough Business Centre, Willsborough Industrial Estate, Clonshaugh Business & Technology Park, Dublin. Your use of this Site constitutes acceptance of the terms and conditions below
Eco Smart may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. Eco Smart reserves the right at our discretion to change modify, and/or remove portions of these terms and conditions at any time. Please visit this page periodically to review the terms and conditions as they are binding on you.
ECO SMART EXTERNAL INSULATION LIABILITY
The following provisions set out Eco Smart’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of:
i. any breach of the contractual obligations arising under this agreement; and
ii. any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this agreement (Event of Default).
Eco Smart shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Eco Smart as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. Eco Smart shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
Eco Smart shall not be liable and shall not otherwise be deemed to be in breach of this agreement for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Eco Smart does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site results in the need for servicing or replacing equipment or data, CBPL is not responsible for those costs.
The Site is provided on an "as is" basis without any warranties of any kind. Eco Smart and its suppliers, fully permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for purpose. Eco Smart and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. Eco Smart does not warrant that the use of the Site by you will not infringe third party rights.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Eco Smart, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, or any other legal cause and whether or not Eco Smart is advised of the possibility of such damages.
You agree: That any information provided by you will be true, accurate, current and complete; and confirm that you are the authorised holder of any credit/debit card you may use on the Site; to notify us immediately of any changes to any information you have submitted to the Site; and to be available for delivery and to take delivery of any products ordered by you from the Site.
Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times. Eco Smart does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.
PLACING YOUR ORDER WITH ECO SMART
Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Eco Smart for the sale by it to you of any product unless and until Eco Smart accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Eco Smart sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
Eco Smart cannot guarantee the availability of any product displayed on the Site. Eco Smart reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Eco Smart cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. If price or other errors are discovered we will promptly correct them, and the amended provision will apply. Eco Smart reserves the right to change or amend prices or promotional offers at any time without notice.
PRICES AND PAYMENT
Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT at the current rates but do not include delivery charges. These will be notified to you and applied after you select your shipping method. Any orders more than €2,000 shall not incur a delivery charge.
Eco Smart accepts payments through PAYPAL.
Eco Smart will endeavour to have your product delivered within 3-5 working days. Working days are Monday to Friday excluding public holidays. Orders placed on Saturday/Sunday will be deemed as being placed on the following Monday. All goods are physically checked by our staff prior to dispatch. We regret that at present we cannot deliver on Bank Holidays or weekends.
While Eco Smart will endeavour to meet our delivery estimates, Eco Smart cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the 3-5-day time frame. We would strongly recommend that you do not arrange for tradesmen to carry out work on your behalf until your order has been delivered. Title to the goods will only pass when delivery is acknowledged by a valid signature from a member of your household or company who is 18 years or over.
RETURNS AND REFUNDS
Please note: If you are returning a faulty item within warranty with a receipt, then you may be entitled to a repair. If it can’t be repaired, you may be offered a replacement and if it can’t be replaced you may be offered a refund. With the nature of any faults, each case will be dealt with on an individual basis.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Eco Smart. Any copying, transmission or re-transmission of the same requires the prior written approval of Eco Smart.
LINKS TO AND FROM OTHER SITES
The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Eco Smart of the contents on such third-party Web Sites. Eco Smart is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. Any disputes or questions relating to merchandise from linked sites or fulfilment or delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Eco Smart and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise.
Eco Smart generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Site’s homepage and provided Eco Smart gives its consent to the establishment of such links. Notwithstanding the foregoing, Eco Smart reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
LIMITATION OF LIABILITY
The aggregate liability of Eco Smart to you for all claims arising from the use of the Site is limited to €100 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
You agree to defend, indemnify, and hold harmless Eco Smart, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site (including software) or your breach of the terms of this agreement. Eco Smart shall provide notice to you promptly of any such claim, suit or preceding and shall assist you, at your expense in defending any such claim, suit or proceeding.
Eco Smart respects your right to privacy. As part of the e-store facility, Eco Smart will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Data Protection Act 1988. Eco Smart may use your personal data for the following purposes: - to fulfil your order; - if there are any queries on your order or if there is a problem with fulfilling your order; - to advise you of any promotional offers that may be of interest to you, and - to facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site.
Your information will be held by Eco Smart (or its successors, assigns or purchasers) and may be shared only with other companies within the Eco Smart group of companies.
This Site is controlled and operated by Eco Smart from its location in Ireland. Eco Smart makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Eco Smart may seek provisional or protective relief in the courts of another jurisdiction prior to during or after any substantive proceedings have been instituted in Ireland and Eco Smart may bring enforcement proceedings in another state on foot of an Irish judgement. If any provision of this agreement is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and Eco Smart with respect to the use of the Site. Eco Smart may at any time and without liability modify, suspend or discontinue the Site with or without notice for any valid technical, operational or commercial reasons.