TERMS AND CONDITIONS FOR USE.
These Terms and Conditions apply to the use of this website.
By accessing this website and/or placing an order, You agree to be bound by the following Terms and Conditions.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not continue to use this website.
The websites named are owned and operated by:
Paul Gillett T/A Vantopia
Republic of Ireland
The business is registered at companies’ house, the registration number is: 7558073
You can contact Vantopia by the following means.
E-mail anytime – firstname.lastname@example.org
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then-current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
- ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. On the day that we despatch the order, the purchase contract will be made, and you will be charged unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 All prices shown on this Website include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage, insurance and other relevant charges, the appropriate rates are displayed in the checkout section of the website which can be clearly seen prior to completing your order. A final order total, including said charges is also shown.
3.3 Our prices are reviewed periodically, and any pricing changes will be amended on the website as and when necessary.
- CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to email@example.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.3 below.
4.2 All orders should be checked, and any errors notified to us within 7 days of delivery.
4.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a refund or exchange unless expressly set out in clause 4.5. The costs of returning goods to us, and/or costs incurred for sending exchange items, shall be borne by you.
4.4 Upon receipt of the returned goods we will give you a refund of the full value of the goods, excluding any carriage, packing, or insurance charges. Alternatively, we can give you an exchange credit as required to the full value of the goods, excluding any carriage, packing, or insurance charges.
4.5 The rights to return the goods to us as referred to in clause 4.4 will not apply in the following circumstances:
- in the event that the product has been fitted or used
- in the event that the product is not being returned in its original received condition, inclusive of all packaging, fittings, and instructions as applicable
- to any consumables liquids
- to any tools
- to any products that we have made or customised, or arranged to be made or customised specifically for you
- to any products that you have customised, or arranged to be customised
- to any pre-ordered or special ordered products (see pre-orders and special orders section below for more details on pre-orders)
The provisions of this clause 4.5 do not affect your statutory rights.
4.6 In the event of incorrect parts being supplied by us we will reimburse return postage costs and supply the correct part. We ask in all cases that the incorrectly supplied part is returned to us before we ship the correct part.
4.7 Parts returned after 14 days will be subjected to a re-stocking fee of 10% of the retail, undiscounted price.
4.8 From April 2020 PayPal now charge a fee to make a refund. In most cases as a business, we will cover this charge. However, in cases where a customer has placed an order for “Warehouse Collection” or as an “Addition to an existing order” where order has already been placed to add to, we reserve the right to charge a 5% fee to process the refund. This covers our costs in creating a credit and the fees we have to pay.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
6.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, employees 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 this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this 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 this Website or your downloading of any material from this Website or any websites linked to this Website.
7.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
- GOVERNING LAW AND JURISDICTION
8.1 These terms and conditions shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts.
8.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the European Union. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the European Union, you do so at your own risk and you are responsible for compliance with local laws.
- MISSING OR LATE DELIVERIES
9.1 Once notified that a package has not arrived when expected we will endeavour to find out what has delayed the package.
9.2 Any liability for late deliveries shall be limited only to a refund of shipping costs where a guaranteed service has been used (Refer to Section 7 regarding liability)
9.3 In most cases for lost packages we are required under our contract with our carriers to allow them a period to locate the package before we send a replacement. We may decide to send replacements before this period has passed but at our discretion.
9.4 In the case of lost or missing orders, once replacements are sent if the original order does arrive, we must be notified immediately as not doing so could be seen as a fraudulent act by the carrier in the case of an insurance claim.
10.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
11.1 We have included pictures to illustrate items on the website, as a visual representation of the items being offered for sale. However, these pictures should be intended as a guide only as specifications can change over time. Please also note the following:
(a) Colour reproduction is not guaranteed to be correct.
(b) Any brand labels indicated should not be taken as the brand supplied unless specifically stated in the description.
(c) Some pictures may use additional parts other than the item described, as a prop for the photograph. Such items are not included unless stated.
- PRE-ORDER AND SPECIAL ORDERS
These Pre-Order and Special Order Terms and Conditions (“Terms”) govern the placing of pre-orders and special orders (“Pre-order”) and ( ”Special Order”) with Vantopia.
Please read these Terms carefully before submitting your of any Vantopia’s Products.
By submitting your Pre-Order, you agree to be legally bound by these terms.
12.1 Pre-Order and Special Order: Reservation When placing an order for Vantopia products, you will be required to provide certain information, such as your address and other billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Vantopia shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You acknowledge and agree that Vantopia may decline or delay reservations to avoid oversubscription or as it deems appropriate, we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
12.2 Price & Payment: You will be charged the full Price of the Products including shipping costs at the time of placing the Pre-Order or Special Order. Methods of payment accepted are: (1) Bank Transfers; (2) PayPal and Credit Card Payment (Visa, Visa Electron, MasterCard) The purchase price does not include import duties, taxes, transfer fees, and other governmental charges, which are Buyer’s responsibility.
12.3 Priority: Vantopia will build orders according to the order in which the Pre-Order or Special Order is received. Whilst Vantopia will do its best to fill your order, orders are on a first come first served basis.
12.4 Delivery Schedule: Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and Vantopia does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment is not met, Vantopia is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you updates with respect to such delivery schedule. If you combine in-stock and pre-ordered items, ALL items will be shipped at once when all pre-ordered items are available.
12.5. Cancellation: due to the nature of Pre-Order and Special Order items, we will not be accepting cancellations. The Buyer may not cancel this reservation. The Seller may cancel this reservation by terminating the Pre-Order and Special Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If Vantopia cancels your reservation you will receive a full refund of the Purchase Price without interest.
12.6. Limitation of: Under no circumstances will Vantopia be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event that Vantopia is held liable for any damages arising out or related to these Terms, your sole and exclusive remedy will be the full refund of your purchase price without interest.
12.8. Change: to the “Terms” Vantopia reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes by email.
13. Export Sales to the UK and other non-EU Countries.
Before Brexit, UK consumers were free to buy items from anywhere in the EU without incurring import duties and other charges. That all changed on 1 January 2021.
The UK is no longer part of the EU customs union therefore any sales outside the EU will be classed as exports, as the sales are classed as export sales you will have to pay UK VAT. As Vantopia is below the VAT threshold at the moment we cannot offer export prices less VAT at the moment as we do not charge or collect VAT and so this cannot be deducted from export sales therefore you will have to pay Irish VAT plus whatever other charges the goods incur upon entry into your country.
All orders will be sent under the Incoterm “DDU”, Delivery duties unpaid. This means that customers purchasing from Vantopia in Ireland will be liable for all import VAT, customs and duty charges relating to their order upon import to the destination country. Vantopia is not responsible for the payment of these charges.
Upon the orders entry into your country, you will be asked to pay to outstanding charges relating to your order by our courier or their delivery partner in your country on behalf of your government, The payment will be formed firstly of VAT and may also include an administration charge for preparing the invoice and taking the payment. All parts will be sent using the relevant tariff/commodity/HS codes.