Electric Ireland Store - Terms & Conditions
General
Electric Ireland is the electricity and gas supply business unit of ESB. The Electric Ireland Store (the "Online Store") is hosted and operated by Buy4Now Limited, a private limited company registered in Ireland with registered company number 323428, having its registered address at 9 The Mall, Beacon Court, Bracken Road, Sandyford, Dublin 18 (“Buy4Now”).
Ted Johnson Limited is a private limited company registered in Ireland with registered company number 61600, having its registered address at Maryfield, Monread Road, Naas, Co. Kildare ("Ted Johnson"). Ted Johnson is an authorised service provider of Buy4Now, which warehouses and distributes products on behalf of Buy4Now.
Scope
These terms and conditions, together with any other policies and/or documents referred to in these terms and conditions (including the Electric Ireland Privacy Policy) (the “Terms”) apply to all orders submitted for products made available for purchase on the Online Store by Buy4Now.
Contract
When you purchase a product via the Online Store, you are purchasing that product from Buy4Now, not from Electric Ireland (or any company within the ESB group). These Terms form a contract between you and Buy4Now. Neither ESB nor any other company within the ESB group is a party to these Terms and shall have no liability whatsoever under these Terms. These Terms do not affect your statutory rights as a consumer.
Electronic Communications and Security
When you visit the Online Store or send e-mails to Buy4Now, you are communicating with Buy4Now electronically. Buy4Now may communicate with you by e-mail or by posting notices on the Online Store website. From a contractual point of view, you consent to receiving communications from Buy4Now electronically and you agree that all agreements, notices, disclosures and other communications that Buy4Now provides to you electronically satisfy any legal requirement that such communications be in writing. This Term does not affect your statutory rights as a consumer.
Email is sent via public networks and can be intercepted and read unless it is protected with encryption. Buy4Now cannot guarantee that any personal or sensitive data, sent in standard email, is fully secure. Customers who choose to use this channel are deemed to have accepted any risk involved. The alternative communication methods offered by Buy4Now include telephone and standard post. Contact details may be found below.
You are entirely responsible for any and all activities that occur under your account which is provided to you by Buy4Now. You agree to notify Buy4Now immediately of any unauthorised use or any other breach of security.
Privacy and Personal Data
Customers’ personal data is stored on a remote secure server which is the full responsibility of Buy4Now. If you have any questions concerning privacy or data use, please contact Buy4Now (see below for contact details).
Although you are purchasing from Buy4Now, any personal data provided by you will continue to be subject to, and treated in accordance with, the Electric Ireland Privacy Policy. If you would like to read about the Electric Ireland Privacy Policy, click here
Pricing
Unless otherwise stated, the prices of products for sale on the Online Store are quoted in euro. All prices include any VAT payable but exclude delivery charges and customs clearance charges (if applicable).
Buy4Now shall to the best of its ability ensure that all information regarding pricing of products for sale on the Online Store is correct.
Ordering
You agree that when you order a product on the Online Store, such order represents an offer by you to purchase that product under these Terms. All orders communicated by you are subject to acceptance by Buy4Now. Buy4Now may decide not to accept your order for any reason without liability to you.
Once you submit an order to Buy4Now, Buy4Now will send you an email acknowledging your order. This email will include your order number and details of the product you have ordered. Such an email is not an acceptance of your order but merely an acknowledgement that Buy4Now has received your order. Another email will then be sent to you to confirm that your accepted order has been dispatched. Acceptance of your order and the formation of a contract between you and Buy4Now will not come into existence unless and until the product has been dispatched to you.
Product Descriptions and Substitutes
All descriptive matter, drawings, pictures, colours, specifications and advertisements on the Online Store are for the sole purpose of giving an approximate description of products.
Buy4Now reserves the right to update or discontinue any product listed for sale on the Online Store. If, for any reason, Buy4Now is unable to provide you with the product you have ordered, Buy4Now will do its best to offer you a substitute of at least the same quality at the same price. If you are not happy with the substitute product, you may return it in accordance with the Online Store 10 day returns guarantee. In addition, and where applicable, you may cancel your order in accordance with your rights under the EC (protection of consumers in respect of contracts made by means of distance communication) Regulations 2001 (the “Distance Selling Regulations”).
Please be aware that if you choose to return a substitute product in accordance with the Online Store 10 day returns guarantee or your right to return a substitute product under the Distance Selling Regulations, Buy4Now will refund to you the reasonable postage costs associated with returning the substitute product.
Payment
Unless otherwise agreed in writing prior to Buy4Now’s acceptance of your order, the total cost of your order will be the purchase price for the product (including VAT) as well as any delivery charges and card processing charges.
Please be advised that, unless Buy4Now notifies you to the contrary prior to its acceptance of your order, it will only accept payment in euro.
You confirm that any credit/debit card that is used for purchasing a product on the Online Store is yours. Credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Buy4Now will not accept your order and it will not be liable for any delay or non-delivery of product(s) ordered on the Online Store. Buy4Now will advise you if authorisation of your card has been refused but is under no obligation to advise you of the reason for the refusal of authorisation. Buy4Now is not responsible for your credit/debit card issuer or bank charging you as a result of Buy4Now’s processing of your credit/debit card payment in connection with your order.
Receipts
Where Buy4Now chooses, or is required by law, to issue or make available a receipt, Buy4Now reserves the right to issue or make available electronic receipts and you agree to such form of receipting. If electronic receipting is used, Buy4Now will give you the option to print off a copy of your receipt.
Delivery
Subject to the third paragraph of this Term, orders will be sent to the delivery address that you have given on your order form. Buy4Now will not be responsible if the delivery address given is incorrect.
Please note that Buy4Now offers a door to door delivery service. If no delivery to the purchaser is possible, Buy4Now will deliver to an occupant at the delivery address or a near neighbour on your behalf.
Buy4Now currently only delivers within Republic of Ireland and Northern Ireland.
While Buy4Now will do its best to meet any dispatch or delivery estimates that it gives you, please note that they are only estimates. They are not guarantees and should not be regarded as such. You therefore agree that a product may not necessarily reach you within the delivery estimate. This shall not affect your rights under the Cancellations & Returns Policy (see below).
Once a product has been received by you, all risk of damage to, or loss of, the product transfers to you.
Customs Duties
Please also be aware that, when ordering from Buy4Now, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the product.
Warranties
Certain products purchased by you from the Online Store may come with an express warranty from the manufacturer or other third party. If a product you order is covered by such an express warranty, the terms of the express warranty will be included in the documentation which accompanies the product and/or will otherwise be made available or notified to you.
To the fullest extent permitted under law, any express warranty Buy4Now offers you in respect of a product is instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies such product) does not affect your statutory rights as a consumer.
Limitation of Liability
Nothing in these Terms limits or excludes Buy4Now’s liability for: (i) death or personal injury as a result of negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by law.
Subject to the above paragraph, Buy4Now will not be liable, whether in contract, in tort (including, but not limited to, negligence) or otherwise arising out of or in connection with these Terms for any economic losses (including, but not limited to, loss of revenues, data, profits, contracts, business or expected savings) or loss of goodwill or reputation or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
You acknowledge that neither ESB nor any other company within the ESB group shall have any liability to you whatsoever in respect of the Online Store including, but not limited to, regarding any misrepresentation, misstatement or breach of any term, condition or warranty given by Buy4Now in connection with any product made available on the Online Store.
This Term does not affect your statutory rights as a consumer, including your right of cancellation under the Distance Selling Regulations 2000.
Cancellations and Returns
Should you wish to cancel or return any product, you may do so in accordance with the Cancellation & Returns Policy (see below). This Cancellation & Returns Policy does not affect your statutory rights as a consumer. All products should be returned to the Online Store c/o Ted Johnsons, Unit 5 Southern Link Business Park, Jigginstown, Nass, County Kildare. Please contact the Buy4Now customer service team quoting your order reference number prior to returning your product.
Queries and Complaints
Should you have any queries regarding the Online Store or these Terms, or would like to make a complaint in relation to any product you purchase from the Online Store, please contact the Online Store customer service team:
- by email at help@buy4now.ie
- by telephone on 1890 372 111 or
- by writing to: Electric Ireland Store c/o Buy4Now Ltd, 9 The Mall, Beacon Court, Bracken road, Sandyford Industrial Estate, Dublin 18
Amendments
Buy4Now reserves the right to change these Terms at any time. If Buy4Now decides to do so, it will include a notice on the Online Store website to such effect. Any contract of sale between you and Buy4Now will be subject to the version of the Terms in force at the time you order the product on the Online Store website. If you place an order after the Terms have been updated, you will be required to read and accept the updated Terms before proceeding.
Assignment
Buy4Now reserves the right to transfer, assign, novate or sub-contract its rights and/or obligations or any part thereof under these Terms. You may not assign, sub-contract or otherwise transfer your rights or obligations or any part thereof under these Terms without Buy4Now’s written consent.
Events Beyond our Control
Buy4Now will not be held responsible for any delay or failure to perform or comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Buy4Now’s reasonable control.
Severance
Each of these Terms shall be considered separately and independently of each other. If any provision of a Term is deemed invalid, void or unenforceable, that provision shall be severed from the relevant Term and this will not affect the enforceability of the rest of that Term or any of the other Terms.
Entire Agreement
The parties acknowledge that the order and the Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, understandings and/or communications whether written or oral between the parties.
Notices
Any notice or account sent by ordinary post pursuant to these Terms shall be deemed to have been received on the day that is the second postal day after the day of such posting. Any notice sent by the customer by electronic mail shall be deemed to have been received upon confirmation of receipt from Buy4Now by electronic mail or by post.
Any notice required or permitted to be given by the customer shall be in writing addressed to: Electric Ireland Store Manager, Buy4Now Ltd, 9 The Mall, Beacon Court, Bracken road, Sandyford, Dublin 18 or such other address or electronic mail address as may be provided to you by Buy4Now.
Governing Law and Jurisdiction
These Terms and all transactions relating to the Online Store are governed by the laws of Ireland. The parties submit to the exclusive jurisdiction of the Irish courts. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence).
CANCELLATION & RETURNS POLICY
Returns Guarantee
If you are unhappy with any product you purchase from the Online Store, you can return it to the Online store, once it has not been used and is in condition for re-sale, within 10 days of the date the product was dispatched to you provided the product is returned to the Online Store at the address below with all its original packaging, along with the receipt. The Online Store will then issue a full refund of the price paid for the product. The Online store will not reimburse you for the direct costs associated with returning the product unless it is a substitute product or faulty or damaged upon receipt.
You will be responsible for meeting the costs of returning a product under this returns guarantee unless you are returning a substitute product or a product that is damaged or faulty on receipt of delivery. Please note that a returned product will be inspected upon receipt. You will not be refunded for any product which has not been delivered undamaged and in full working order.
Within the manufacturers warranty if your goods become faulty please contact an Online Store customer representative who will assist you in resolving the problem. You will be required to return the faulty product for inspection and they will arrange to refund you the reasonable costs associated with its return and at their discretion replace the product.
If a product has been supplied to you as part of a pre-packaged bundle of products, all products in the bundle must be returned in order to avail of this returns guarantee.
Returns address:
Electric Ireland Store c/o Ted Johnsons, Unit 5, Southern Link Business Park, Jigginstown, Naas, County Kildare
Distance Selling Regulations
Under the Distance Selling Regulations you have a right to cancel an order for a product purchased from the Online Store within seven working days from the day after the date on which the product was delivered (note: this cancellation right does not apply to products made to a particular specification or to personalised products).
To exercise your right of cancellation, please contact:
- by email at help@buy4now.ie
- by telephone on 1890 372 111 or
- by writing to: Electric Ireland Store c/o Buy4Now Ltd, 9 The Mall, Beacon Court, Bracken road, Sandyford Industrial Estate, Dublin 18
Please return it to the Online Store with all packaging, warranty cards, manuals, etc. within ten days, 3 additional days over the 7 statutory days, giving notice that you wish to cancel the order at the following address:
Electric Ireland Store c/o Buy4Now Ltd, 9 The Mall, Beacon Court, Bracken road, Sandyford Industrial Estate, Dublin 18
If you decide to return a substitute product or a product that is damaged or defective on receipt by you, Buy4Now will meet the reasonable postage costs of returning the substitute product.
Please be aware that you will be responsible for the costs of returning a product to Buy4Now unless Buy4Now:
(i) delivered the product to you in error;
(ii) provided you with a substitute product; or
(iii) if the item is damaged or defective upon delivery to you.
If Buy4Now does not receive the product back from you, together with all packaging, warranty cards and manuals, etc. within a reasonable period Buy4Now may arrange for collection of the product from you at your cost.
Where a product has been purchased by you as part of a pre-packaged bundle of products, all products within that bundle must be returned.
This Cancellation & Returns Policy does not affect your statutory rights as a consumer.