Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site www.mkellyinteriors.ie. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by M Kelly Interiors in its sole discretion. If membership has been revoked, M Kelly Interiors reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
13. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein, does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
15. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
16. Return Policy. If you wish to return an item to ourselves we ask that they are returned in their original packaging and are in perfect condition. Please note you will be responsible for any carriage costs incurred in the returning of goods. Refunds shall be given on receipt of the said goods once checked. Please note mattresses once opened cannot be returned.
17. Verify Members’ Address: M Kelly Interiors reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from M Kelly Interiors.
18. Lapsed Accounts: In order to keep M Kelly Interiors membership roster current, if a Member does not access his or her account for a period of 365 days or more, M Kelly Interiors may, in its sole discretion, terminate such Member’s account. M Kelly Interiors will endeavor to notify a Member of M Kelly Interiors intent to terminate such Member’s account by notice to such Member’s provided email address at least 14 days prior to deactivation. If the Member fails to respond to such email notice within 14 days after the day it is sent by M Kelly Interiors, such Member’s account will be terminated as noted above. Therefore, M Kelly Interiors strongly recommends that all Members keep their accounts and contact data current and in use. While M Kelly Interiors desires to prevent active accounts from being terminated prematurely, M Kelly Interiors has no obligation to maintain accounts that appear to M Kelly Interiors to have been abandoned. Each Member agrees that failure to access his or her account for 365 days or more conclusively indicates that such Member’s account has been abandoned and that the account may therefore be terminated.
M Kelly Interiors offers a nationwide delivery service on all of our products. Delivery may take between 14-21 days though typically it is earlier than this.
Need your furniture installed and assembled? We will even ensure all cardboard and packaging is taken away and we will give your new furniture a dust off. Please give us a call for a quote on this service.
At M Kelly Interiors we have a wide range of stock available, however occasionally certain items may run out due to high demand. If you would like to know the availability of a certain item, please contact us via email or phone and we will let you know the availability of your furniture. If you have ordered an item and it is out of stock, we will contact you with an estimated delivery date at which time allowing you the option of continuing with your order. The average time frame for delivery is 14-21 working days, but if you have any specific requirement please call our Sallynoggin office on (01) 2851444
Generally we use our own delivery staff and vans, which allow us to ensure your furniture arrives in perfect condition, and also allows us to be flexible on delivery. In order for us to arrange a suitable delivery date/time please ensure you have provided at least one contact telephone number. We shall contact you as soon as your item is available for dispatch. Please note- After hour deliveries can also be arranged, please call for details.
In-Store Pickup: €0
Up to 100 Km from Store: €70
100- 150 Km from Store: €90
More than 150 Km from Store: €130
Select pick-up option at the checkout and we will let you know when your order is available for collection from this address:
61A Sallynoggin Road,
Contact us for a price on delivery of suites of furniture to rural areas.
M Kelly Interiors respects your right to privacy. As part of the e-store facility M Kelly Interiors will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Data Protection Act 1988.
M Kelly Interiors may use your personal data for the following purposes:
• To fulfill your order;
• If there are any queries on your order or if there is a problem with fulfilling your order;
• To advise you of any promotional offers that may be of interest to you;
• To facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site. For this purpose our website uses “cookie” technology. You may de-activate cookies on your Internet browser although this may inhibit your ability to use all features on the site;
Your information will be held by M Kelly Interiors (or its successors, assigns or purchasers) another than for the purpose of fulfilling your order.
Changes and cancellations:
Cancellations and changes are not permitted once your order has been placed and confirmed. Items which are cancelled by you, the customer, shall result in loss of deposit or where items have arrived into stock at the time of cancellation full payment will be required.
We do not offer refunds or exchanges on furniture. This does not affect your statutory rights.
Online Changes and cancellations:
For all online purchases you have 14 calendar days to change your mind and cancel without reason. You must notify us by email to email@example.com Once your order has been cancelled you will receive notification and any payments made will be refunded to you. Refunds can take from 10-14days to appear in your account.
Products excluded from online returns:
Returns are not permitted on any specially ordered or custom ordered products – this includes any custom beds, sofa’s, tables, dining chairs which have been specially made to customer requirements ie. Fabric and colours chosen, custom sizes etc. For hygiene reasons mattresses cannot be returned.
Payments: You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. All prices displayed are valid only online. In-store pricing may vary. All collections must be able to produce the card that the product was bought with and valid Photo ID.
Faulty and damaged products:
Items delivered must be checked upon delivery. If you notice any transport damage to products, you must report them at the time of delivery. Transport damage can not be logged after that time. This does not affect your statutory rights. Any manufacturing faults that are discovered after delivery must be reported to our Customer Service team at firstname.lastname@example.org. A full description of the fault along with photo’s/videos should be sent. A further inspection may need to be carried out either by ourselves and/or the manufacturer before a resolution is reached. Our policy is repair, replace, refund, in that order but all customers are dealt with on a case by case basis. (This does not affect your consumer rights)
Check your order:
It is up to you, the customer, to ensure that all details on your order confirmation are correct and as requested, at the time of purchase. Errors cannot be rectified at a later date and full liability will fall to you, the customer. Deposits are non-refundable, non-transferable and credit will not be given.
All sizes and dimensions should be checked by you, the customer, before purchase to ensure the item will fit into the space it is required for. While our Sales Team can assist with choosing the design and size of furniture to suit a particular room, it is the sole responsibility of the purchaser to ensure there is sufficient access to the intended room, taking into consideration any doorways, narrow corridors, stairwells, lifts etc. The customer is responsible for any items which do not fit and no refund or exchange will be offered.