Terms and Conditions

In using the Clenli Direct website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement., Disclaimer Notices and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting Clenli Direct’s terms and conditions.

"The Company", “Clenli Direct”, “Ourselves”, “We” and "Us", refers to our Company, Clenli Direct.

“Party”, “Parties”, or “Us”, may refer to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by online interaction, formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated products/services, in accordance with and subject to, prevailing Irish Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

Clenli Direct is committed to protecting your privacy. From time-to-time authorized employees within the company (on a need to know basis only) may use any information collected from individual customers.

We constantly review our systems and data to ensure the best possible service to our customers. Should an offence occur where unauthorised actions are taken access to computer systems and/or data; Clenli Direct will investigate these actions with a view to prosecute or take civil proceedings to recover damages against persons responsible.

Confidentiality

Clenli Direct is registered under the Data Protection Act 1993 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities.

Clients may request sight of and copies of any and all records kept at Clenli Direct relating to their business. Clenli Direct must be given reasonable notice to respond to any such requests.

Clenli Direct clients are requested to retain copies of any literature issued in relation to the provision of goods or services. Where appropriate, we shall issue the Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Clenli Direct will not sell, share, or rent your personal or business information to any third party nor will we use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products; including products in which you have expressed interest.

Disc

laimer - Exclusions and Limitations

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this company:

Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Acceptance

Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.

Where more than one Customer has entered into agreement, the Customers shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Seller.

Goods are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

Payment

Cash, Personal Cheque with Bankers Card, Bankers Draft, BACS Transfers or any major Credit/Debit Cards are all acceptable methods of payment.

Our Terms are payment in full for website purchases and payment within thirty days for credit clients – that have been preapproved by Clenli Direct.

All goods remain the property of the Company until paid for in full.

Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above Clenli Direct’s prevailing Bank’s base rate on the outstanding balance until such time as the balance is paid in full and a final settlement is issued.

Clenli Direct reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed €5,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a €30 charge to cover banking fees and administrative costs. In the instance of a second returned cheque, Clenli Direct reserves the right to terminate agreed arrangement and insist on cash transactions only in the future.

Alternatively Clenli Direct reserves the right to cease all bookings, transactions and agreements entered into with the Client with immediate effect, until such time as any and all outstanding monies are recovered in full.

At the Seller’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or

(b) the Seller’s current price at the date of delivery of the Goods according to the Seller’s current Price list; or

(c) the Seller’s quoted Price which shall be binding upon the Seller provided that the Customer shall accept the Seller’s quotation in writing within thirty (30) days. This Price may be subject to a variation in the event of repeated orders.

The Seller reserves the right to change the Price in the event of a variation to the Seller’s original quotation. This includes: any variation from the plan of scheduled works or specifications, any variation due to unforeseen circumstances, or as a result of fluctuations in the currency exchange rates, or as a result of any increases to the Seller’s cost of materials and labour) will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

At the Seller’s sole discretion a deposit may be required.

At the Seller’s sole discretion:

(a) Payment may be required immediately

(b) Payment for approved Customers may be made paid in instalments in accordance with the Seller’s payment schedule; or

(c) Payment for approved Customers may be due thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.

Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

Payment may be made in cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Seller.

VAT and other taxes or duties that may be applicable will be added to the Price except when they are expressly included in the Price.

Delivery of Goods

At the Seller’s sole discretion delivery of the Goods shall take place when:

(a) The Customer takes possession of the Goods at the Seller’s address; or

(b) The Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier); or

(c) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.

At the Seller’s sole discretion the costs of delivery are:

(a) In addition to the Price; or

(b) Included in the Price; or

The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are intended for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery of Goods.

Delivery of the Goods to a third parties nominated by the Customer are deemed to be deliveries to the Customer for the purposes of this agreement.

Risk

Regardless if the Seller retains ownership of the Goods all risk for the Goods will be passed to the Customer on delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Seller is entitled to receive all insurance proceeds payable for the Goods.

The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

The Customer acknowledges and agrees that the Seller may submit specimen articles of the completed die for approval, however any changes required must be communicated to the Seller immediately or the specimen articles will be produced. Any change to the specimen articles, communicated to the Seller immediately, will be charged as a variation to the quotation as per clause 3.2. The Seller shall not be liable for any loss, damages or costs however arising from the specimen articles being produced prior to receiving instructions for changes.

Where the Customer has supplied materials for the Seller to complete the Services, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the Materials. The Seller shall not be responsible for any defects in the works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Customer. It shall also be the Customer’s responsibility to uphold maintenance and insurance of these materials.

Ownership of Goods

The Seller and Customer agree that ownership of the Goods shall not pass until:

(a) the Customer has paid the Seller all amounts owing for the particular Goods; and

(b) the Customer has met all other obligations due by the Customer to the Seller in respect of all contracts between the Seller and the Customer.

Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.

It is further agreed that:

(a) Where practicable the Goods shall be kept separate and identifiable until the Seller shall have received payment and all other obligations of the Customer are met; and

(b) Until such time as ownership of the Goods shall pass from the Seller to the Customer the Seller may give notice in writing to the Customer to return the Goods or any of them to the Seller. Upon such notice being given the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and

(c) The Customer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to the Seller for the Goods, on trust for the Seller; and

(d) Until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Seller will be the owner of the end products; and

(e) If the Customer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated as the invitee of the Customer and take possession of the Goods, and the Seller will not be liable for any reasonable loss or damage suffered as a result of any action by the Seller under this clause.

Personal Property Securities Act 1999 (“PPSA”)

Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:

(a) These terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b) A security interest is taken in all Goods previously supplied by the Seller to the Customer (if any) and all Goods that will be supplied in the future by the Seller to the Customer.

The Customer undertakes to:

(a) Sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b) Indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

(d) Immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

Defects

The Customer shall inspect the Goods on delivery and shall within fourteen (14) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods.

Default & Consequences Of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by the Seller.

If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.

Without prejudice to any other remedies the Seller may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller has exercised its rights under this clause.

Customer’s Disclaimer

The Customer hereby disclaims any right to rescind, or cancel any contract with the Seller or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by the Seller and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

Warranty

For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

To the extent permitted by statute, no warranty is given by the Seller as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

Consumer Guarantees Act 1993

If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Customer.

Cancellation Policy

All products supplied by Clenli Direct will be delivered or ready for collection next working day, if ordered before 12pm previous day.

Orders paced thereafter will be delivered or ready for collection within 2 working days.

Immediate notice of cancellation is required from the customer – the customer shall be responsible for any handling and shipping fees applied, in the case of free delivery orders a minimum charge (levy)of 10% of purchase price shall be applied.

Cancellation

The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. The Seller reserves the right to charge the customer for any losses incurred by the Seller during the course of the transaction including but not limited to: loss of profits, cost of currier /shipping, handling fees etc.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Products returned within 14 days shall be refunded in full less, handling and shipping fees as mentioned in cancellation policy.

Unpaid Seller’s Rights

Where the Customer has left any item (including, but not limited to, moulds and dies owned by the Customer) with the Seller for repair, modification, storage, exchange or for the Seller to perform any other Service in relation to the item and Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have:

(a) a lien on the item;

(b) the right to retain the item for the Price while the Seller is in possession of the item;

(c) the right to sell the item provided that the Seller shall send to the Customer at their last known address a written notice stating that unless all overdue monies are paid within ten (10) working days of the date of the notice that they intend to sell, dispose, or otherwise deal with the item in any way Seller sees fit.

Unless payment of all outstanding monies is made in full, or a suitable arrangement is agreed between the parties then the Seller may proceed in accordance with such notice in order to mitigate any losses or costs that the Seller has incurred (including those involved in selling, disposing or otherwise dealing with the item). In the event that there are any surplus monies following such dealings then these shall be dealt with in accordance with the provisions of the Unclaimed Monies Act 1971.

The lien of the Seller shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

Availability

Unless otherwise stated, the services featured on this website are only available within Ireland. All advertising is intended solely for the Irish market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the expressed written consent of an authorised Clenli Direct employee.

The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.

IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.

We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the ROI, NI and UK.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number.

Clenli Direct is a Limited Company, registered in the Republic of Ireland, Northern Ireland & UK. Registered Office: Unit 14A Stadium Business Park, Ballycoolin, Dublin 11.

General

The laws of Ireland govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis