TERMS OF USE

This page states the terms and conditions under which you may use our website (“the Site” or “Website”).   The Site is owned and operated by Kemtron Gaskets & Seals Limited (“the Company”). Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site and must not proceed to complete a purchase on our Website

The Company may promote, sells and collect payments on behalf of other businesses, manufacturers and distributors.

The Company may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right at our discretion to change modify, and/or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you.

Contents

1 Definitions
2 Our contract with you
3 Your account with us
4 Price and Payment
5 Delivery
6 Foreign taxes, duties and import restrictions
7 Returns & Refund Policy
8 Disclaimers
9 Content and Intellectual Property Rights
10 Your email address
11 Your Material
12 System Security
13 Acceptable use Policy
14 Indemnity
15 Miscellaneous provisions

These terms and conditions regulate the business relationship between you and the Company. By using the Site in any way, or by buying from us, you agree to be bound by them.

We are: Kemtron Gasket & Seals Limited
Our address is: Unit 3 & 3A South Cork Industrial Estate, Cork T12 PPA6, Ireland
You are: a visitor to our website / our customer

Terms & Conditions

1 Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Goods” means any of the Goods we offer for sale on the Website

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to the Site; and

2.2 In any event to you as a buyer or prospective buyer of our Goods.

2.3 Your contract to purchase items from our website is not complete until you receive an email from us notifying you that we have dispatched your Goods.

2.4 All Orders are subject to acceptance by the Company.

2.5 All products are subject to availability. The stock position relating to particular items may change. If an item you have ordered becomes out of stock, we shall notify you as soon as possible and you will not be charged for out of stock items.

2.6 We aim to ensure that all product details, prices and availability appearing on our Website are accurate, but errors may occur. Where we have made an error on our Website, we reserve the right to cancel your order.

2.7 If we do not have the Goods for your order in stock, we will offer you alternatives. If this happens you may:

  • accept the alternatives we offer; or
  • cancel all or part of your order

2.8 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

2.9 If we owe you money, we will credit your credit, debit card account as soon as reasonably practicable but in any event no later than 14 days from the date of when the refund or repayment is validly due

2.10 We reserve the right to change these terms and conditions from time to time, and your continued use of Our Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.11  Your contract, all our policies and terms and conditions and any non-contractual obligations arising out of your use of our Website shall be governed by and construed in accordance with the laws of Ireland.  This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

2.12   In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

2.13 By using this website to purchase from us you agree that Ireland is the competent jurisdiction for any disputes and that judgment or order of the courts of Ireland, in connection with your use of the Website, shall be conclusive and binding.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

3.4 We reserve the right to refuse you access to our Website.

4 Price and Payment

4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Prices are subject to Irish value added tax. If you are in the European Union (“EU”) and have a valid VAT ID, you may be entitled to a refund you any VAT charged.   If you are outside of the EU you may be entitled to a refund of any VAT charged.

4.3 You must pay us the full price of your order before we will send any part of it.

4.4 All Banking charges including any charges relating to payment in a currency other than Euros will be borne by you.

4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

5 Delivery & Shipping

5.3 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.4 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

5.5 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

  • Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.
  • All prices quoted on our website is priced on the basis of ExWorks pricing.  ExWorks is an international commercial term that is used to quote prior to shipping and delivery of goods.
  • If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country
  • We reserve the right to request for additional charges to be applied to your purchase including products that may be sold with free shipping or inclusive of shipping costs in the event of increased freight costs that may arise in the event of a shortage of freight service to your destination for any reason whatsoever, fuel surcharges, or increased freight costs that maybe charged on us by the freight provider.
  • You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
  • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
  • You will be responsible for any loss or additional delivery charges that will be incurred should you fail to provide the correct delivery address, name or e-mail address

6 Foreign taxes, duties and import restrictions

6.1 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.

6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

7 Returns & Refund

7.1  We have a 14 day return policy on all online purchases subject to certain conditions:  you have 14 days after receiving your item to request a return as long as the package has remained unopened.  Once the package has been opened or tampered, you will not be able to return the product.

7.2  To be eligible for a return, your item must be in the same condition that you received inside the box unopened and in its original packaging. You’ll also need the receipt or proof of purchase.

7.3  To start a return, you can contact us at info@kemtron.ie.  If your return is accepted we will send you details on where to return the product.   Any returns are at your own risk.  We recommend that you send it by registered post with appropriate insurance cover to ensure that the product return arrives at its advised destination.   We will not be responsible for any returned item lost in the post or in transit.  Any items returned that are damage in transit will not be eligible for a refund.

7.4  Items sent back to us without first requesting a return will not be accepted.  Once we agree to receive the returned item and the items is received by us we will check to ensure that the item has not been opened or damaged.   If the product remains in a resalable condition, your refund will be processed within 10 working days.

7.5  You can always contact us for any return question at info@kemtron.ie

7.6  Please inspect your order upon receipt and contact us within 3 days if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

7.7    Certain types of items cannot be returned, like goods that are not resalable once opened, customized products, and personal care goods (such as hand sanitizers). We also do not accept returns for hazardous materials and flammable products.  We cannot accept return on any items that are on sale or discounted.  lease get in touch if you have questions or concerns about your specific item.

7.8   If you wish to exchange your product for another product at our website, the fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

7.9    We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund to you.

8 Disclaimers & Limitation of Liability

8.3 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

8.4You are advised that Content may include technical inaccuracies or typographical errors.  We would be grateful if you bring to our immediate attention, any that you find.

8.5 We give no warranty and make no representation, express or implied, as to:

8.5.1 the adequacy or appropriateness of the Goods for your purpose.
8.5.2 the truth of any Content on Our Website;
8.5.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.5.4 compatibility of Our Website with your equipment, software or telecommunications connection.
8.5.5 compliance with any law;
8.5.6 non-infringement of any right.

8.6 Our Website contains information linked to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.7 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

8.8 Coronavirus and other Pandemic exclusion:   Notwithstanding any other provision in our terms and conditions and contract with you, we will not be liable for any claim, loss, liability, cost or expense of whatever nature directly or indirectly arising out of, contributed to by or resulting from coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or any mutation or variation thereof.

This exclusion also applies to any claim, loss, cost or expense of whatever nature directly or indirectly arising out of, contributed to by or resulting from all purchases from the Company:

You must fully satisfy yourself from a health and safety perspective before making a purchase from the Company and through its Website and that the product purchased will be suitable for use by you or any persons connected to you.

8.10  You acknowledge that we are not a publisher of any and all materials from a third party contained on our website and we have not verified the accuracy of facts or moderated its contents for appropriateness or accucary

8.11 In any and all events our liability is limited to the value of the goods or services you have purchased.

9 Content and Intellectual Property Rights

9.3 We will defend the intellectual property rights in connection with our Goods and our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

9.4 We also claim copyright in the designs and compilation of all Content of our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

9.5 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

9.6 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

10 Your email address

10.3 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

10.4 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

10.5 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

11 Your Material

11.3 If you post any Material in our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

11.4 You agree that if you do post any Material on our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the world in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

11.5 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

11.6 You represent and warrant that:

  • you own the rights to all of the Material that you post; and
  • any fact stated in your Material is accurate

12 System Security

12.3 We will do our best to maintain our Website so that you have constant use, but there will be times when your use may be interrupted.

12.4 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our Website.

12.5 You may not use any software tool for the purpose of extracting data from our website.

12.6 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13 Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

13.3 You will not use or allow anyone else to use the Site to post or otherwise publish:

  • copyright works;
  • commercial audio, video or music files;
  • any Material which violates the law of any established jurisdiction;
  • unlicensed software;
  • software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
  • links to any of the material specified in this paragraph;
  • pornographic material;
  • any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

13.4 You will not use the Services for spamming. Spamming includes, but is not limited to:

  • the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
  • the sending of junk mail;
  • the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
  • excessive and repeated posting off-topic messages to newsgroups;
  • excessive and repeated cross-posting;
  • email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
  • the emailing of age inappropriate communications or content to anyone under the age of 18.

14 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

15 Miscellaneous provisions

15.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.4 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.5 Nothing in this agreement or on our Website shall confer on any third party any benefit or obligation.

15.6 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.7 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.8 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.9 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

15.10 These terms and conditions together with all our policies published on the Site shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded