Our Terms of Service
“Customers/Clients” means an actual or potential customer of this website who may purchase goods, products and/or services from or via this website;
“Company” means the COMPANY and/or OWNER: in this case Pat McDonnell Paint Sales
“Privacy Statement” means our statement of practice as regards the privacy and security of your personal information when you visit and/or use our website and/or any of its features.
“You” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website;
“We”, “our” and “us” means the Company: in this case Pat McDonnell Paint Sales
(i) the publicly accessible material and (ii) the material available from those additional areas of www.shop.mcdonnellpaints.ie to which Users may be permitted access and any other websites under Pat McDonnell Paint Sales’ control (whether partial or otherwise) (collectively “Pat McDonnell Paint Sales’ Sites”) for User’s personal use in accordance with the terms and conditions of these Terms & Conditions of Use.
The contents of Pat McDonnell Paint Sales’ Sites, such as text, trademarks, graphics, images, logos, button icons, software and other material (collectively, “Material”), are protected under European Union, Irish and international copyright, database right, sui generis right, trademark and other intellectual property laws. Except as otherwise provided, all Material is the property of Pat McDonnell Paint Sales or its content suppliers or clients.
The compilation (meaning the collection, arrangement and assembly) of all content on each of Pat McDonnell Paint Sales’ Sites is the exclusive property of Pat McDonnell Paint Sales. Unauthorised use of the Material may violate copyright, trademark, and other laws. Pat McDonnell Paint Sales retains all copyright, trademark, service-mark and other proprietary notices contained in the original Material and any copy Users make of the Material.
Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose.
Users may not copy or adapt the HTML code that Pat McDonnell Paint Sales creates to generate its pages. Such HTML code is also protected by Pat McDonnell Paint Sales’ copyright.
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or
(c) that is defamatory, obscene, threatening, harassing abusive or hateful.
(a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any of Pat McDonnell Paint Sales’ Sites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Pat McDonnell Paint Sales may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations.
Pat McDonnell Paint Sales is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption. Please note that Pat McDonnell Paint Sales cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this website and in availing of any of the services/information available on or via this website, you are deemed by these Terms & Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this website, and any goods, products and services available on or via this website, is at your sole risk.
(a) Posting any incomplete, false or inaccurate information or information which is not User’s own.
(b) Posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
(c) Deleting or revising any material posted by any other person or entity.
(d) Using any device, software or routine to interfere or attempt to interfere with the proper working of any of Pat McDonnell Paint Sales’ Sites or any activity being conducted thereon.
(e) Taking any action, which imposes an unreasonable or disproportionately large load on any Pat McDonnell Paint Sales’ Site’s infrastructure.
(f) Disclosing to or sharing a password with any party that is not expressly permitted to use such password, or using a password for any unauthorised purpose.
(g) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of Pat McDonnell Paint Sales’ Sites.
The information on this website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this website, you should not continue any further.
Registration and PasswordUsers are responsible for maintaining the confidentiality of its information and password(s) assigned to Users (if any). Users shall immediately notify Pat McDonnell Paint Sales of any unauthorised use of any password of which Users become aware. Users agree to notify Pat McDonnell Paint Sales promptly after the departure of any person to whom a password was provided and Pat McDonnell Paint Sales reserves the right to cancel such password and issue a new password in lieu thereof. Pat McDonnell Paint Sales reserves the right to periodically change issued passwords.
The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement,
(i) Pat McDonnell Paint Sales makes no representations about the accuracy, reliability, completeness, or timeliness of Pat McDonnell Paint Sales’ Sites or the Material and
(ii) Changes are periodically made by Pat McDonnell Paint Sales to their Sites and may be made by them at any time.
(i) use of this website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
(ii) reliance on the information contained in this website, whether:
(a) downloaded or not;
(b) authorised or not.
Pat McDonnell Paint Sales makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Pat McDonnell Paint Sales will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Pat McDonnell Paint Sales will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out or referred to herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Pat McDonnell Paint Sales will not be liable, in contract, tort (including, without limitation, negligence), pre- contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions. This does not affect your statutory rights as a consumer. We will take all reasonable precautions to keep the details of your purchase secure but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
PricesThe price listed on the website (the “Price”) for Pat McDonnell Paint Sales products (the “Products”) will be as stipulated at the time we accept your order request on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission or the Price for the Products on the Website is wrong.
Website AdvertisingWe reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.
This website may contain hypertext links to websites not maintained by Pat McDonnell Paint Sales or any member of the Company Group. Neither Pat McDonnell Paint Sales or any member of the Company Group endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of the Company Group is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. Pat McDonnell Paint Sales hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk. This website contains hypertext links to websites maintained by members of the Company Group other than the Pat McDonnell Paint Sales. You are reminded that different terms and conditions of use may apply to you as a user of such websites. No third party is permitted to create a link from another website to this website without our prior written consent.
Pat McDonnell Paint Sales will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions of Use, the Terms and Conditions of Use shall prevail.
All goods are believed by Pat McDonnell Paint Sales to be of a quality suitable for the purpose and specification for which they are intended. A defect must be reported to Pat McDonnell Paint Sales immediately it is discovered.
The customer undertakes to accept responsibility for providing safe and sufficient storage facilities for the goods and will indemnify the vendor against any losses, damages or costs arising out of a breach of this condition.
a) For any delay in the delivery of goods, however arising.
b) For short delivery of or damage to goods, whether delivered on Pat McDonnell Paint Sales’ own transport or otherwise, unless such loss or damage is notified with full particulars in writing to Pat McDonnell Paint Sales, Head Office, Centre Park Road, Cork, Ireland (Addressed to Customer Services) or by E- Mail to firstname.lastname@example.org within 3 days.
c) For any goods that have been left anywhere other than the delivery address.
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you are able to link to other websites which are not under the control of Pat McDonnell Paint Sales. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Pat McDonnell Paint Sales takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Questions about the Terms of Service should be sent to us at email@example.com