1: General:
(a) All Products and/or components sold by Genfitt Mayo Limited (hereinafter called “The Company”) be sold subject to these conditions of sale and shall be hereinafter referred to as “The Goods”.
(b) The buyer of the Goods shall be hereinafter known as “The Purchaser”.
(c) Any terms or conditions in the Purchaser’s order, which are inconsistent with these conditions of sale, form part of any contract between the Company and the Purchaser unless accepted by the Company
(d) Carriage terms are in accordance with prices ruling at the date of dispatch of the Goods by the Company.
2: Prices:
Orders are accepted on the basis of prices ruling at the date of despatch of the Goods by the Company.This applies to back orders. The Company reserves the right to increase its prices at any time. All prices are exclusive of VAT and same together with carriage when charged shall be borne by the Purchaser. The company shall notify the Purchaser of any increase in prices. The Purchaser may cancel the contract in writing within 24 hours of the notification of the price alteration.
3: Delays and Non-Delivery:
All reasonable efforts are made to honour delivery promises but the Company shall have no liability whatever in respect of delays in delivery or non-delivery howsoever caused.
4: Damage in Transit & Shortages:
On delivery the Goods must be checked against the delivery note, which shall be signed by or on behalf of the Purchaser. Such signature is an acknowledgement that all the Goods have been received in good condition and order. The Company will accept no responsibility for damage in transit or shortages unless same are noted on the delivery note before signature, and notified in writing to the Company sales office within 48 hours.
5: Terms of Payment:
The Goods must be paid for in full without deduction in respect of alleged disputes or counter claims in accordance with the terms specified by the Company from time to time and if no date of payment has been specified within 30 days of the date of delivery, the Company shall be entitled without prior notification to charge interest at the rate of two percent per month or part thereof on any sums which remain unpaid the same have become due.
6: Return of Goods:
Where the Goods have been correctly supplied in accordance with an order and are not defective they will not be accepted for return by the Company unless the Company has given its prior written agreement. In such event a twenty per cent handling charge will be made by the Company and the Goods must be returned to the Company carriage paid and in their original packing. Goods not in their original packaging will not be accepted for return by the Company.
7: Guarantee:
Where a guarantee is given by the manufacturer or other supplier of the Goods or by a manufacturer or other supplier of a part or component of the Goods, the Company will pass the same to the Purchaser and assist the Purchaser to get the benefit of same from such manufacturer or other supplier but to extent permitted by law the Company shall not be liable on foot of such guarantee.
8: Risk and Reservation of Title:
(a) The risk in the Goods shall pass to the Purchaser on delivery of the goods to the Purchaser or his agent or when the Goods are delivered to a particular location on the prior instructions of the Purchaser.
(b) The Goods shall remain the property of the Company and ownership of the Goods shall not pass to the Purchaser until all monies due by the Purchaser to the Company in respect of the Goods or any other account whatsoever have been paid in full to the Company.
(c) Until such time as the ownership of the Goods passes to the Purchaser from the Company, the Purchaser shall:
1. securely and safely store the Goods so as to show them to be the property of the Company.
2. be liable to the Company for all damage howsoever caused to the Goods
3. insure the Goods to their full value against loss or damage from whatsoever cause and if requested by the Company have the Company’s interest noted on the appropriate insurance policy.
4. indemnify and keep indemnified the Company against all damage caused by any person or property by the Goods or by their use and hold the Goods as bailee respectively for the Company.
(d) So long as any monies are owing by the Purchaser to the Company in respect of the Goods or any other account whatsoever, the Purchaser not withstanding the provisions of the immediately preceding paragraphs (b) and (c) hereof, may sell, hire, pledge or otherwise dispose of the Goods in a bona fide manner in the normal course of business and the Company in addition to all other rights shall have the right to trace the proceeds of such resale, hire, pledge or other disposition to the fullest extent permitted
by law and such proceeds whether represented by monies or other products taken in part exchange or otherwise resulting from such transaction when received by the Purchaser shall be held by him as trustee and bailee respectively for the Company. The Purchaser shall be solely liable for the payment of all taxes, which may arise on such resale, hire, pledge or other disposition.
(e) Pending the passing of ownership of the goods to the Purchaser, the Company may without prejudice to any pre-existing liability of the Purchaser to the Company, terminate the contract at any time by notice to the Purchaser and on such termination the Purchaser shall no longer be in possession of the goods with the Company’s consent or permission and the Company shall be entitled forthwith to take possession of the Goods and the Purchaser shall be deemed to have irrevocably given the Company the right and power to enter into and upon any premises where the Goods may be to recover same.
9: Warranties and Conditions:
The following terms shall be treated as separate and severable and enforceable accordingly.
(a) All conditions and warranties whether expressed or implied by law or otherwise, including as implied by the Sale of Goods Act 1893 and the Sale of Goods and Supplied Services Act 1980, are hereby expressly excluded to the extent provided by law.
(b) The Company shall not be under any liability whatever for consequential loss suffered by the Purchaser.
(c) The Company shall not be liable for loss, damage or injury arising directly or indirectly from the use of the Goods or any of them.
10. Online privacy statement:
Personal data
Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:
“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
How we use your information
This privacy notice tells you how we, genfitt.ie, will collect and use your personal data for.
What information we collect
You can access this website and browse our online catalogue without disclosing personal information to us. We will only collect personal information about you during your use of our website to fulfil your online request(s) to genfitt.ie, to receive news and special offers, or by way of your emailing us with your comments and suggestions. The elements of personal data that we may collect include:
First name and surname
Company/Business name
Address
Email address
Telephone number
Mobile number
Why does genfitt.ie need to collect and store personal data?
In order for us to provide you an online shopping service we need to collect personal data for sales and shipping reasons. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
In terms of being contacted for marketing purposes genfitt.ie would contact you for additional consent.
Who genfitt.ie shares your information with?
· Paypal – We use this company to facilitate our online purchasing services.
All third parties that we share your data with are obliged to keep your details securely, and to use them only for above specified purposes. When they no longer need your data to fulfil this service, they will dispose of the details in line with the procedures of genfitt.ie. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.
Credit Card Details
We do not have any access to your credit card details. We use Paypal to process all credit card payments and when you make a payment to genfitt.ie, you are transferred to the Paypal site where you can complete your purchase in a secure environment without revealing your credit card number or financial information to genfitt.ie.
Cookies
We use 'cookies' in order to recognise you when you come back to our website. This helps us to improve the content of our website and provide services that are tailored to your user experience. Cookies are small text files that are stored by your browser on your hard drive, retaining information about you and enabling our website to recognise you on repeat visits. The cookies cannot be used by themselves to identify you personally. If you do not want a cookie to be stored in your computer, the Help menu on the menu bar of most browsers will tell you how to erase cookies from your computer's hard drive or how to block cookies or to receive a warning before a cookie is stored. You are therefore welcome to use such facilities to prevent the installation of any cookie.
How will genfitt.ie use the personal data it collects about me?
genfitt.ie will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. genfitt.ie is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Data Disclosure
We will not sell, distribute or lease your personal information to third parties except with your permission or as required by law (for example by a search warrant, subpoena or other legal process). We may use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual. genfitt.ie may also in future use a data services company to analyse data on our behalf, so that we can provide you with more targeted and bespoke communications. We will only use such companies if they are registered under the EU’s General Data Protection Regulation (GDPR) and provided that their procedures for ensuring the privacy of your personal information are at least as rigorous as our own.
Under what circumstances will genfitt.ie contact me?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Contact Information
genfitt.ie welcomes your comments regarding this Statement of Privacy. If you believe that genfitt.ie has not adhered to this Statement, please contact Genfitt Mayo Ltd. at info@genfitt.ie. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Data Security
The security of your personal information is important to genfitt.ie. We have implemented measures designed to protect the personal information under our control (including security measures to protect our user database) from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.
Can I find out the personal data that the organisation holds about me?
genfitt.ie at your request, can confirm what information we hold about you and how it is processed. If genfitt.ie does hold personal data about you, you can request the following information:
· Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
· Contact details of the data protection officer, where applicable.
· The purpose of the processing as well as the legal basis for processing.
· If the processing is based on the legitimate interests of genfitt.ie or a third party, information about those interests.
· The categories of personal data collected, stored and processed.
· Recipient(s) or categories of recipients that the data is/will be disclosed to.
· If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
· How long the data will be stored.
· Details of your rights to correct, erase, restrict or object to such processing.
· Information about your right to withdraw consent at any time.
· How to lodge a complaint with the supervisory authority.
· Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
· The source of personal data if it wasn’t collected directly from you.
· Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this?
genfitt.ie accepts the following forms of ID when information on your personal data is requested: Passport, Driving Licence, Birth Certificate.
Contact details of the GDPR Compliance Officer
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GDPR Compliance Officer contact details
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Contact Name:
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Patrick McNamara
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Address line 1:
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Gardiner Group
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Address line 2:
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Block F, Unit 5C, Nutgrove Office Park
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Address line 3:
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Nutgrove Ave., Rathfarnham, Dublin D14
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Address line 4:
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Address line 5:
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Email:
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pmcnamara@gardiner.ie
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Telephone:
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+353 0860284363
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Genfitt GDPR Terms & Conditions Approval
The GDPR Compliance Officer is responsible for ensuring that this record is reviewed in line with the review requirements of the GDPR.
Change History Record
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Issue
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Description of Change
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Approval
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Date of Issue
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1
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Initial issue
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Ray Mcloughlin
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25/05/18
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