Terms Of Use
This legal notice applies to the entire contents of the Website and to any correspondence by e-mail between you and us. Please read this legal notice carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full and using the Website indicates that you agree to abide by these terms of use. If you do not accept this legal notice in full, you must leave the Website immediately.
www.tirlanfarmlife.com is a site operated by Tirlán Limited (we). We are registered in Ireland with our registered office at Abbey Quarter, Kilkenny, Ireland.
1. Access to Website
The information on this Website is intended to be useful and informative for customers and investors in Tirlán. Access to this Website and the use of the information which appears on it ("the Contents") are governed by the following terms and conditions. These terms and conditions are important and they may affect your rights. Tirlán may revise the terms and conditions at any time by updating this legal notice. Please take time to read them carefully each time you visit this Website.
2. Links to other sites
Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Tirlán has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. Tirlán, therefore, does not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
3. Links to this site
You may link to our Website, 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. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Tirlán logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not otherwise use any Tirlán trademarks displayed on the Website without express written permission from Tirlán ;
- you do not misrepresent your relationship with Tirlán nor present any other false information about Tirlán; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Tirlán expressly reserves the right to revoke the right granted in clause 3 for breach of these terms and to take any action it deems appropriate. You agree to fully indemnify Tirlán for any loss or damage suffered by it or any of its group companies for breach of this clause.
4. Viruses, hacking and other offences
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. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 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.
5. Intellectual property rights
The Contents are copyrighted by Tirlán Limited. Please note that all images and information contained on this Website may be copyright works. Either the copyright and all other rights in all of the material on this Website are owned by a member of Tirlán or the material is included with the permission of the rights of the owner. Except for the making of a hard copy print for your own personal use only or the use of others in your organisation (or downloading the material for your own personal use or the use of others in your organisation only provided that you retain all copyright and proprietary notices), the material on this website may not be copied, reproduced, transmitted, distributed or displayed, by any means, without the express prior written consent of Tirlán. If you breach any terms in this legal notice your permission to use the Website automatically terminates and you must, at our option, immediately return or destroy any downloaded, printed or copied extracts from the Website.
6. Disclaimer
While Tirlán endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy, completeness or reliability of the material on the Website. Tirlán may make changes to the material on the Website at any time without notice or the material on the Website may be out of date and Tirlán makes no commitment to update such material. The Website and the Contents are provided "as is", without any conditions, warranties or other terms of any kind with respect to this Website or any website or service accessible through this Website. Accordingly, to the maximum extent permitted by law, Tirlán provides you with the Website on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, conditions implied by statute, common law or the law of equity) which, but for this legal notice, might have effect in relation to the Website. Tirlán does not assume any guarantee against patent infringement, liabilities or risks involved from the use of information on the Website. Any health claims, if any, contained on the Website are for illustration purposes only and are subject to approval by the relevant regulatory authority in each country where purchasers market final consumer products.
7. Liability
Tirlán any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Tirlán's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in this legal notice shall exclude or limit Tirlán's liability for death or personal injury caused by our negligence or the negligence of any person for which we are responsible.
If you are dissatisfied with the Website or any of the Contents, or with any of Tirlán's Terms of Use, your sole and exclusive remedy is to discontinue using the Website. You agree to indemnify, defend and hold harmless Tirlán, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting or arising out of your breach of any of these Terms of Use.
8. Acceptable use for user-generated content ("acceptable use policy")
We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards, blogs and forums (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8.1 Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable laws in Ireland and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8.2 Suspension and termination
We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site. In the event of denial of access by us, you are no longer authorised to use the Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
9. Online Shop Terms & Conditions
9.1 Your Status
By placing an order through our site, you warrant that
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are resident of Ireland.
9.2. How the contract is formed between you and us
9.2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
9.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
9.3 Our Status
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third-party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.
9.4 Consumer rights
9.4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refund policy (set out in clause 9.6 below).
9.4.2 Details of this statutory right, and an explanation of how to exercise it, are provided on our returns information page. This provision does not affect your statutory rights.
9.5 Delivery and Payment
Please find detailed Delivery Information here.
9.6 Our Refunds Policy
For further information, please read our complete Returns Policy here.
9.7 Our liability
9.7.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
9.7.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
9.7.3 This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
9.7.4 We are not responsible for indirect, special or consequential losses which happen as a side effect of the main loss or damage including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data.
9.8 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.9 Notices
All notices given by you to us must be given to Abbey Quarter, Kilkenny, Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9.10 Transfer of rights and obligations
9.10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.11 Events outside our control
9.11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or provate transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decress, legislation, regulations or restrictions of any government.
9.11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9.12 Waiver
9.12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
9.12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9.8 above.
9.13 Terms and Conditions of discount codes on tirlanfarmlife.com
- Discount codes cannot be applied to previously placed orders.
- Discount codes are not valid in conjunction with any other offer.
- Discount codes are not transferable or redeemable for cash or credit.
- Certain products may be excluded from discount codes.
- For the discount code to apply, it must be entered in your basket prior to completing your order.
10. Modification and Severability
Tirlán reserves the rights in its sole discretion to modify, alter, add or remove portions, or update these Terms of Use, our policies and our Website at any time. Changes will be posted here and you are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If any of these terms are deemed invalid, void or unenforceable for any reason, that term will be deemed severable and will not affect the validity and enforceability of the remaining terms.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within three working days of receipt by you of the Products).
11. Jurisdiction and Applicable Law
This Website is established in Ireland and these terms shall be governed and construed in accordance with Irish Law. When you use the Website you accept that your use thereof shall be governed by the laws of Ireland and if any dispute arises as to your use of this website, you agree to allow such dispute to be heard in the Irish courts. If any provisions of these terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account details and password. You agree to accept responsibility for all activities that occur under your account or password. Tirlán reserves the right to terminate any account at any time in its sole discretion.
13. Other Policies
Please review the other policies located on our Website, including our Privacy Policy. These policies also govern your use of the Website. In particular, our Privacy Policy explains how we collect, store and use your personal data when you access the Website. By using the Website you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and updating account information for accuracy and completeness.
14. Entire Agreement
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the order, whether orally or in writing, prior to the date of any Contract (unless the such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.