Our Terms of Service

This page states the “Terms & Conditions of Use” under which Customers and users (collectively “Users”) may use www.shop.mcdonnellpaints.ie and any other websites under the Pat McDonnell Paint Sales’ control (whether partial or otherwise). Access to this website and the use of information on it is subject to these Terms & Conditions of Use. Please read these Terms & Conditions of Use carefully. By continuing, you will be deemed to have accepted them.


Definitions
In these Terms & Conditions of Use, the definitions of the following terms are as follows:- 
“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

Use of Material
Pat McDonnell Paint Sales grants a non-exclusive non-transferable, limited personal licence to Users to view and download copies of 
(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.

Acceptable Site Use
Users may not use any of Pat McDonnell Paint Sales’ Sites in order to transmit, distribute, store or destroy material 
(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.

Pat McDonnell Paint Sales’ Site Security Rules
Users are prohibited from violating or attempting to violate the security of any of Pat McDonnell Paint Sales’ Sites, including, without limitation, 
(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.


Specific Prohibited Uses
Pat McDonnell Paint Sales specifically prohibits any use of any of Pat McDonnell Paint Sales’ Sites, and all Users agree not to use any of Pat McDonnell Paint Sales’ Sites, for any of the following:
(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 Company's Liability
Pat McDonnell Paint Sales is under no legal obligation to, and generally does not, control the information provided by other users which is made available through any of Pat McDonnell Paint Sales’ Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. Pat McDonnell Paint Sales expects that Users will use caution and common sense when using of Pat McDonnell Paint Sales’ Sites.

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.


General Disclaimer of Liability
No member of Pat McDonnell Paint Sales (or any other person involved with the provision and maintenance of this website) takes any responsibility for the accuracy of the information provided on this website. Use of such information is at the User’s sole risk. No member of Pat McDonnell Paint Sales accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(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.

Contract
No contract will subsist between you and Pat McDonnell Paint Sales for a sale to you of any product and or service until Pat McDonnell Paint Sales accepts your order request by email confirming that it has accepted your order request and offer, and has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Pat McDonnell Paint Sales sends the email to you (whether or not you receive that email) (i.e. once it leaves the information system of the Company).
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: Use and Security
You are entirely responsible for any and all activities that occur under your Account which is provided to you by Aphix on behalf of Pat McDonnell Paint Sales who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.

Website and Use
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 property of Pat McDonnell Paint Sales.
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.

Specifications
All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products and are not be deemed to form any part of the contract (unless explicitly included in writing by Pat McDonnell Paint Sales). Specifications, colours, etc. may change from time to time.

Safety
If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.

Disclaimer of Warranties
The information contained on or via the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the website, any changes to the website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed euro200.

Proprietary Rights
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Modification of Terms
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the website.

Links to Other Sites
Pat McDonnell Paint Sales’ Sites may contain links to third party web sites. These links are provided solely as a convenience to Users and/or other users and not as an endorsement by Pat McDonnell Paint Sales of the contents on such third-party websites. Pat McDonnell Paint Sales is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites. If Users decide to access linked third-party websites, Users do so at their own risk.

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.

General
Pat McDonnell Paint Sales makes no claims that the Materials may be lawfully viewed or downloaded outside of the Republic of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any of Pat McDonnell Paint Sales’ Sites from outside of the Republic of Ireland, they do so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the Irish Courts and the Terms & Conditions of Use shall be construed in accordance with the law of the Republic of Ireland. If any provision of these Terms & Conditions of Use 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 these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.

Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained or reproduced on this website.

Not an Offer or Solicitation
The information contained on this Website is not intended to nor does it constitute an offer or solicitation of services.

Privacy Statement
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.

Copying
The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of the Pat McDonnell Paint Sales.

Amendments
The contents of this website, including these Terms & Conditions of Use, any information contained on this website and Pat McDonnell Paint Sales’ Privacy Statement are subject to change and to being updated without notice from time to time.

General
Pat McDonnell Paint Sales shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Termination
We may terminate and/or suspend the website, with or without cause and at any time, without notice and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions and/or at our sole and absolute discretion and without giving reason.

Laws
The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) or part thereof of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Terms and Conditions for Sale of Online Purchases
PaymentAll goods shall remain in the sole ownership of Pat McDonnell Paint Sales until such time as all monies have been paid in full by the Customer. Please also refer to Delivery.

Orders
The customer’s attention is drawn to application and usage information relating to the goods, which is available on data sheets that can be accessed on the vendor’s website at www.shop.mcdonnellpaints.ie. 
Additionally, this information is available on request – please ring 021 432 0200. Technical information in response to enquiry is given by Pat McDonnell Paint Sales in good faith. It will be for the customer to satisfy himself as to suitability for his own particular purpose which may depend upon site conditions that are unknown to Pat McDonnell Paint Sales. The liability of Pat McDonnell Paint Sales will not exceed the value of the goods supplied under any circumstances. Loss of profits and consequential financial and other losses are excluded.
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.

All orders are subject to availability
Whilst every effort is made to display as accurately as possible the colour of our goods we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the goods on delivery. If in doubt you are advised to examine samples supplied either by the brand Colour Card or Colour Panel, or by a sample tester pot, before placing your order.
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.

Price
Orders are accepted on the condition that goods will be supplied at Pat McDonnell Paint Sales’ prices ruling at the date of despatch.

Delivery
All goods can be delivered anywhere within a 50 KM radius of our stores, these deliveries are free of charge and will be delivered within 7 working days. Risk shall pass on delivery. Any quoted delivery times are estimates only. Time shall not be of the essence in the delivery of any goods and the vendor shall accept no liability in relation to late delivery beyond the value of the goods in question.
Pat McDonnell Paint Sales will not be liable:
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 info@mcdonnellpaints.ie within 3 days.
c) For any goods that have been left anywhere other than the delivery address.


Property
The ownership of any goods supplied by Pat McDonnell Paint Sales will not be transferred until all amounts owed to Pat McDonnell Paint Sales no matter on what ground, have been paid and until paid Pat McDonnell Paint Sales may repossess the goods.

Website Copyright 
This website and its content is copyright of Pat McDonnell Paint Sales. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
  • 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.

Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Pat McDonnell Paint Sales and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
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 info@mcdonnellpaints.ie

Please Note: Paint colours on-screen may vary from actual paint. If unsure, we advise purchasing a colour tester to ensure you are happy with your choice. Our tinted products are made to order and are therefore non returnable.