Terms and Conditions

Terms and Conditions of Use

By visiting and or ordering from www.clarkesofcavan.ie you agree to be bound by our terms and conditions and all policies within our web site. Clarke of Cavan reserve the right to update or modify these term and conditions at any time and without notice and are effective immediately upon posting on this site. We ask you to review these terms and conditions whenever possible for your own benefit in using our website.

Clarke Machinery Limited is a company registered in the Republic of Ireland. These terms and conditions are provided by Clarke Machinery Ltd (referred to as ‘us’, or, ‘we’ or ‘Clarke Machinery Ltd’) for the information of visitors (referred to as ‘you’ or ‘your’) to our website. This website is only for use by persons who have attained the age of 18 years and over.

The use of this site indicates your acceptance of these terms and conditions. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.

Please note that different terms (including prices, delivery charges and delivery times) may apply to purchases made in our stores. Very occasionally, the price displayed in our store may differ from the price quoted on this website; this may be due to a store sale of ex-display stock or similar other price fluctuation.

We may change these terms and conditions at any time without prior notice to you. Any changes will take effect on the date they are posted on this website. You will be asked to read and accept the terms and conditions each time you place an order to ensure that you are familiar with the current terms and conditions prevailing at the time you place your order.
Please review our GDPR / Privacy Policy which also governs your visit to www.clarkesofcavan.ie, to understand our practices.
These terms and conditions do not affect your statutory rights.

Web Ordering

Our ordering system is straightforward the chosen item/items from the shopping basket, log in or create a new account, enter the required details and click the payment box to process your credit card. You will then receive an email confirming your order details and current order status.

Your emailed order confirmation document does not signal our acceptance of your order. We reserve the right to accept or cancel your order placed on this website without the need to give explanation or reason. Upon cancellation of your order, we will immediately issue a credit to your credit/debit card used in the original order for the amount charged.

Under the Distance Selling legislation, you have an option to cancel your order within 7 days (Cooling-off period) which commences from the date of delivery. Please note, it is the customer’s responsibility to ensure the goods are returned safely to us and the customer must pay all postage costs. Please see our returns policy for more information.

Description of Goods

All the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter and specifications advertised on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from the manufacturer’s brochures or their websites.

The intention of Clarkes of Cavan is that all information on the website should be as accurate and up to date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. We reserve the right to withdraw any item from sale, at any point prior to dispatch for whatever reason.

Acceptance of Order

Any email or other acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by us of your order.
Acceptance of your order and the formation of a contract take place when the goods you have ordered have been dispatched to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation policy. We reserve the right not to supply goods and to cancel your order in the event of a pricing error or omission.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account to the value of the incorrect price (including delivery charges).

Returns

If you want to return the items must do so within 30 days from the date of purchase. Items purchased more than 30 days ago cannot be returned.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging and labelling.

It is your responsibility to return any such items in a pristine saleable condition in their original box and packaging. You will be wholly responsible for the return of the goods and any associated costs of return. Goods received back incomplete, damaged or in any condition other than saleable, will be returned to you and the cost of return carriage charged to your account. Prior to returning any products, please contact us within 30 days from the date of purchase. If you do not return goods within 30 days after you have informed us that you wish to cancel your order, your right to cancel will be revoked. We cannot cancel your purchase or refund your money if you return the product without proof of purchase. This does not affect your statutory rights.

To return:

  • Please pack up your items, complete with all the tags.
  • Let us know why you want to return. Failure to do so will mean we will be unable to refund you for your return.
  • Return Address: Clarkes of Cavan, Moynehall Retail Park, Ballinagh Road, Co. Cavan.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If your return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

In the unfortunate event that you were sent the wrong order, you will be sent a shipping label which you can apply to the item(s), which you can then bring to your nearest post office or depot. By agreeing to our terms and conditions you are thereby agreeing to this procedure in event that you were sent the wrong item.

Please note: All returns on Yardmaster sheds have a €75 charge for collection.

Time Limitation for Notification of Claims

If goods arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and it will be your responsibility to inform us within 10 days from delivery. It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 10 days from delivery. It is your responsibility to notify us of any incorrect goods supplied within 10 days from delivery. We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged to your credit card account.

Refunds

Refunds are generally are not accepted after 30 days.

However, if you are eligible for a refund it can take 3-5 days depending on which bank account you are with.

About Children (Under 18)

For their protection, we ask that children and young people do not place an order or submit personal information to us. We are happy to receive orders on their behalf by their parents or guardian.

Cookies

Web cookies are text files, which are stored on your computer. They are used to help enhance the shoppers’ experience on our web site and without them, the shopping cart system is unable to record your product purchasing.

Privacy Policy

At Clarkes of Cavan, we are committed to protecting your privacy in accordance with the Data Protection Act. We respect your right to privacy and your desire for a secure online shopping experience. We do not sell, trade, or rent your personal information to other companies but in order for us to provide you with the best possible service we require your name, billing address, delivery address (if different from billing address) email address, contact phone number and payment details. This personal information is used to administer your Clarke Machinery website account from point of order through to shipping of your products. From time to time we may notify our customers regarding new products, promotions and newsletters. We will not continue to send you information by email, once you have asked us not to.

Online Payment Security

We have teamed up with Realex Payments to process credit card transaction for our website. Realex Payments employ a system called Secure Socket Layer encryption technology to encrypt your credit card information while travelling the Internet. Clarkes of Cavan would like to make it clear we do not process or store your credit card deals in any way on our website. This is exclusively handled by Realex Payments.

Realex Payments are certified and approved by several leading financial institutions and their systems and security controls are based on current industry standards. There are several layers of technology in place to ensure the confidentiality, authentication and integrity of information.

  • Realex Payments have been accredited with the AIS (Account Information Security) certification by VISA and are one of the few companies in Europe to achieve this. This shows our commitment to the above industry standard in every aspect of payment processing.
  • Information is sent to us from businesses via the internet and we connect to financial institutions with whom we are fully certified and approved.
  • All messages sent to us and the responses from us are authenticated using digitally signed digests.
  • All requests are verified against a legal list of IP address and referring URLs.
  • Our technical infrastructure is located in secure co-location facilities that have 24×7 manned security and advanced building management systems along with environmental controls.
  • Critical servers and applications are monitored constantly to threshold levels and Realex Payments staff is instantly alerted via our real-time monitoring and alerting service.
  • All connections to the financial institutions are over private dedicated leased circuits, backed up with ISDN lines and in certain cases VPN connections over the internet.
  • The network is designed to be highly resilient with duplicate and triplicate systems in place depending on the critical nature of each component.
  • Realex Payments are registered with the data protection commissioner as a “Data Processor”. Cardholder information is encrypted and not displayed in our reporting systems

We hope the above examples show how seriously we take your online shopping experience.

Payment Method

In conjunction with Realex Payments, we accept all major credits cards. Please see list below:

MasterCard, VISA, 3V VISA Vouchers & Prepaid Mastercard

Pricing & Vat Rate

All our advertised prices are in Euro and include VAT at the appropriate rate.

Product Information & Trade Marks

We aim to provide our customer with the best information relating to the product being viewed. We take great care and work closely with our suppliers to provide you with the most up-to-date images and product descriptions but from time to time we do make mistakes, so if you spot one, please let us know. We reserve the right to make alterations to product information and prices without prior notice and cannot be held responsible for any inaccuracies found on our web site.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.