Business Terms and Conditions of Sale
1. Introduction
1.1 These business terms and conditions (which specifically include and incorporate our detailed set of instructions on how to operate the TailJack product and, as applicable, all products sold by us) shall govern the business sale and purchase of our products online, over the phone, or in person.
1.2 Please read these business terms and conditions carefully and make sure that you understand them, before ordering any products from us.
1.3 By ticking the box marked "Please tick to confirm that you have read and accepted our Terms & Conditions" or by ordering any product, you agree to be bound by these business terms and conditions. If you refuse to accept these business terms and conditions, you will not be able to order any products from our site, or otherwise.
1.4 These business terms and conditions also include warranty and liability limitations and exclusions. If there is anything in these business terms and conditions that you do not wish to be bound by, then you can choose not to purchase any of our products.
2. Who and Where We Are Located
2.1 In these business terms and conditions:
(a) "we" means Tucan Construction Limited; and
(b) "you" means our business customer or prospective business customer (and which shall not mean a consumer as defined under the Consumer Rights Act 2022) that accepts these business terms and conditions,
and "us", "our" and "your" should be construed accordingly.
2.2 Our VAT number is: IE9669740E
2.3 This website is owned and operated by Tucan Construction Limited, which is an Irish registered company with registration number 421933, with a registered office at C/O Mr. William O’ Leary, Fortwilliam, Ardfert, Co. Kerry, V92 Y31A Ireland.
2.4 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on + (353) 89 611 5403; or
(c) by email, on niall@tailjack.com
3. Online Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer and therefore, no contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.2 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must provide your email address and then select your preferred method of delivery, you must then enter your payment details and confirm your shipping address and confirm your order and your consent to these business terms and conditions; you will then provide your payment details and our payment service provider will handle your payment. You will receive an email confirming you have placed an order through the website automatically (at which point your order will become a binding contract). If we are unable to fulfill the order, we will notify you by email that we are unable to meet your order and refund your payment.
3.4 You will have the opportunity to identify and correct input errors prior to making your order.
3.5 We have the right to accept or reject any order at our own discretion. Whilst we strive to ensure all our prices are correct and accurate, human error may occur and therefore we have the right to amend or correct a price if we discover an error. In the event of this occurring, you will be given the chance to cancel your order and resubmit your order at the correct price.
4. Products
4.1 We may periodically change the products available on our website and in our business generally, and we do not undertake to you to continue to supply any particular product or type of product.
4.2 Published product details, specifications and suitability information is the best information available at the time we provide them.
5. Prices
5.1 We will from time to time change our prices, but this will not affect contracts that have previously come into force.
5.2 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website or quoted to you in writing from time to time.
6.3 If you fail to pay to us any amount due under these business terms and conditions in accordance with the provisions of these business terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of €25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these business terms and conditions in full and on time, we shall charge you interest on the overdue amount at the rate of 1% per calendar month on the amount owed (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month). and without prejudice to our other legal rights or rights under these business terms and conditions.
8. Deliveries
8.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process or as you have otherwise provided to us.
8.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date. We do not accept liability to you for any delay in the delivery of products ordered and although we will do our best to get all orders out as quickly as possible. If there is a real delay, then you will have the right to cancel delayed orders at any time and get a refund.
8.3 Unless there are exceptional circumstances, all deliveries of products will be dispatched within 30 days following the later of, a) receipt of payment, or b) the date of the order confirmation.
8.4 We will use all reasonable efforts to deliver products within the Republic of Ireland within 5 business days or, if being delivered to the United Kingdom mainland, within 7 business days.
8.5 If your delivery address is outside of the Republic of or Northern Ireland or the EU, you may be required to pay import duties and taxes when your product(s) reaches your country. These and any additional charges for customs clearance are your responsibility.
8.6 All products are subject to availability and if we are unable to supply a particular product then we shall advise you within a reasonable period of time and discuss any other options that might be available to you.
8.7 If you do not collect the products from us as arranged or if, after a failed delivery to you (including where you have failed to provide any instructions, documents, licenses or authorisations required to enable the products to be delivered on time and this is not our fault), you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12 will apply.
9. Risk
The products you purchase from us will be at your risk from the time that they come into your physical possession, or the physical possession of a person identified by you to take possession of the products.
10. Ownership
10.1 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.2 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.3 Until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these business terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these business terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these business terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these business terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these business terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these business terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these business terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these business terms and conditions or relating to the subject matter of these business terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these business terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these business terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 The product must only be used on dairy heifers and cows over 18 months of age. For safety reasons, the product should not be used on any other animals and in particular, it is not to be used for the castration of bulls or on any beef animals, and we cannot held liable with respect to any damage and/or loss which may occur as a result of such use.
12.9 Our aggregate liability to you in respect of any contract to purchase products from us under these business terms and conditions shall not exceed the greater of:
(a) €500 (five hundred Euro); and
(b) the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these business terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
13.2 You may cancel a contract under these business terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 We may cancel a contract under these business terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these business terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these business terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these business terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15. Data Protection and Intellectual Property
15.1 These business terms and conditions shall not constitute any assignment of any intellectual property rights contained within the products whatsoever.
15.2 All content included in our website and in particular, with respect to all instructions provided by us concerning the products, is owned and controlled by us and you agree that you may only read, print or download the content of this website solely for personal and non-commercial use. You are not permitted to copy, transmit or show or change in any way (or create derivative works of) the content of the copyright found on our website and/or within any instructions provided for any purpose whatsoever, other than for ordering and using the products.
15.4 We will use any personal information that you provide to us in order to process your order and any payments, and in accordance with, a) our privacy policy and, b) the Data Protection Act 2018.
16. Variation
16.1 We may revise these business terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these business terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these business terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these business terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these business terms and conditions will be waived except with the prior written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these business terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19. Severability
19.1 If a provision of these business terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these business terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these business terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these business terms and conditions is not subject to the consent of any third party.
21. Entire agreement and Priority of these Business Terms and Conditions
Subject to Section 12.1, these business terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products and take priority over all other terms and conditions, purchase order, confirmation order or similar you which many purport to apply.
22. Law and jurisdiction
22.1 These business terms and conditions shall be governed by and construed in accordance with Irish law.
22.2 Any disputes relating to these business terms and conditions shall be subject to the exclusive jurisdiction of the Irish Courts.