Terms and Conditions

  • TERMS & CONDITIONS

    Your purchase of goods & services via the website www.tomoburke.ie is subject to agreement of the following terms & conditions, our privacy policy, our returns policy and our cookie policy.

    1. Data Protection

    Tomo Burke Electrical ensure compliance with the General Data Protection Regulations (GDPR) as detailed in our privacy policy and cookie policy.

     

    1. Orders

    Representation of goods and services listed on www.tomoburke.ie do not constitute an offer to sale, rather an invitation to treat as stated in the Sale of Goods and Supply of Services Act 1980.

    Tomo Burke Electrical reserves the right to cancel an order for any reason. Reasons may include but are not limited to:

    1. Fraudulent activity
    2. Incorrect Pricing
    3. Incorrect Description
    4. Non-Payment
    5. Stock Availability

     

    1. Pricing

    (a) All pricing is showing in Euro(€)

    (b) All pricing is inclusive of Value Added Tax (VAT)

    (c) All pricing, unless explicitly stated, excludes cost of delivery

    (d) All prices shown on www.tomoburke.ie are exclusive to online sales only and may vary in store.

    (e) You agree to pay the stated price at time of purchasing via www.tomoburke.ie

    (f) Pricing may change on a daily basis

    (g) Tomo Burke Electrical reserves the right to cancel or change an order under the following conditions:

    1. A clear and obvious error on price has been shown on the website
    2. A clear and obvious error on description has been shown on the website
    3. Tomo Burke Electrical will communicate any issue with you directly

     

    1. Payment

    Payment can be made using all major credit cards & debit cards. We also accept payment via PayPal. Full payment is taken at the time of ordering. Receipts are issues via email upon acceptance of your order.

     

    1. Delivery of Goods

    Tomo Burke Electrical, via delivery & fulfilment partners, will deliver your order to any address within the Republic of Ireland. Please see our delivery information for pricing & timeframes.

    Delivery is subject to the following terms:

    1. The delivery partner receiving a signature upon delivery
    2. Failed delivery charges may apply in the event that a delivery fails due to:
      1. You cancel your order after the goods have been dispatched from our warehouse
      2. You provide insufficient / incorrect information resulting in us being unable to deliver your product
      3. You refuse delivery upon arrival of our delivery vehicle
      4. There is nobody at the requested address to accept the delivery
    3. Whilst our delivery partners will be happy to wheel goods into an unobstructed room, we take no liability to damage incurred while delivering.
    4. Upon delivery, you take sole duty of care for the goods. In the event that you or a third party transport the goods to an alternative address, we cannot be held responsible for any damages.

     

    1. Damaged or Faulty Goods

    The following terms apply in relation to damaged or faulty goods:

    1. If your goods are damaged or faulty, we will replace the goods free of charge. However, if you do not want a replacement, delivery charges may be incurred to collect the item from you.
    2. Do not install damaged goods. This counts as acceptance of the goods and the item is then non-returnable and non-refundable.
    3. Damaged goods must be reported within 48 hours of delivery
    4. In the event that goods are received in a damaged state please retain the product together with any packaging and contact us within 48 hours of receipt with photographic evidence.
    5. In the case of an item being faulty we may require an inspection by a manufacturer's qualified engineer to be carried out on the item in the location where it is installed. This is so the nature of the fault can be ascertained before we can arrange for a replacement.

     

    1. Unwanted Goods

    The following terms apply in relation to unwanted goods:

    1. Do not install or use unwanted goods. This counts as acceptance of goods and the goods are then non-refundable and non-returnable
    2. You have a statutory right to return unopened goods purchased on tomoburke.ieup to 14 (fourteen) days after purchase. If you are not ordering a replacement item, a charge may be incurred to return the item.
    3. You must notify us of your wish to return the item within 14(fourteen) days of purchase, stating the date of delivery
    4. You may return your goods by your own means to Tomo Burke Electrical, 20 Main Street, Castleisland, Co. Kerry or by requesting collection by us
      1. If you request collection, a fee of €35 or more may be incurred and the goods will be collected as the soonest available time. Please note we only offer collection for large appliances.
    5. You have a duty of care while the goods are in your possession and we reserve the right to charge you for any damage that may have occurred during this period
    6. We reserve the right to apply a re-packaging fee to the goods returned under the following conditions:
      1. The goods received back are as new but incomplete (e.g. missing components)
      2. The returned goods are missing their original packaging
      3. The cancellation was requested outside of the 14 day cancellation period
    7. We do not accept returns and will not provide refunds under the following conditions:
      1. The goods are in any condition other than ‘as new’
      2. The goods have been installed and/or used
      3. Cables and/or components have been cut or terminated
    8. Refunds will be reimbursed within 30 days of the cancellation date
    9. Recycling
    10. If requested, we will remove old appliances on a like for like basis upon delivery of your new goods. Please note: old appliances must be disconnected prior to removal by our delivery partners. This service is not charged for.
    11. For small appliances, and TVs under 50”, we will deliver via An Post. An Post will not collect old appliances however we accept them in store or your local WEEE recycling centres.
    12. If is your responsibility to ensure all personal data is removed or destroyed from computing devices (laptops, smartphones, tablets) prior to recycling with us.
    13. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free.

     

    1. Accuracy of Product Information

    All product information shown on the website is believed to be correct and accurate from source material. We cannot be held liable for any errors or omissions.

    We update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

     

    1. Manufacturer’s Guarantee & Extended Warranty
    2. All goods come with a minimum of 12 months part & labour guarantee issued by the manufacturer which is subject to the following provisions:
      1. The product has been used solely in accordance with the instruction manual
      2. The product has been used solely for domestic use in domestic premises
      3. The product has not been subject to misuse, accident, modified or repaired by anyone other than the manufacturer’s service engineers
    3. Any product that comes with a guarantee over the standard 12 months is subject to registration within 28 days of purchase to avail of the extended guarantee.
    4. Extended Warranty is sold via the website to extend the parts & labour guarantee
      1. The extended warranty is underwritten by Brightside Cover and administered by IC Frith & Associates
      2. Refer to warranty terms & conditions for further information

     

    1. Accessing Our Website
    1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
    2. 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 or is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. You may not use our site 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 may not use our site to disseminate any unlawful, harassing, libellous, abusive threatening, harmful, vulgar obscene or otherwise objectionable material.
    3. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

     

    1. Intellectual Property Rights
    2. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
    4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

     

    1. Reliance on Advice

    Information on our site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of any of its contents. Information contained on our site does not constitute an offer to sell goods or services.

     

    1. Our Liability
    2. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    3. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

     

    1. Viruses & Hacking
    2. 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.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

     

    1. Linking To Our Site
    2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link from any website that is not owned by you.
    4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain any material which is defamatory, obscene, offensive, inflammatory, distasteful, controversial, sexually explicit or which infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    5. If you wish to make any use of material on our site other than that set out above, please address your request to tomoburkeoffice@gmail.com

     

    1. Links From Our Site

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

     

    1. Jurisdiction and Applicable Law

    The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Irish law.

     

    1. Variations

    We may revise these terms of use 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 made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

     

    1. Complaints

    We take all complaints very seriously. If you have a cause for complaint then please contact us by emailing tomoburkeoffice@gmail.com or by writing to us at the address shown below

     

    1. Your Statutory Rights

    None of the above affects your statutory rights as a consumer. We reserve the right to amend our terms and conditions clauses wherever consumer statutory rights are not affected.

     

    1. Contact Us

    If you have any queries on these terms & conditions, you can contact us at tomoburkeoffice@gmail.com or write to us at Tomo Burke Electrical Ltd., 20 Main Street, Castleisland, Co. Kerry. V92 XW11.