Terms & Conditions
Kelly’s Butchers is a registered business name of Kelly’s of Newport (Artisan Butchers) Limited and in these Terms and Condition any reference to Kelly’s Butchers shall mean Kelly’s of Newport (Artisan Butchers) Limited.
1. Use of the Kelly’s Butchers Website
The Kelly’s Butchers Website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Kelly’s Butchers Website you agree to be bound by these Terms and Conditions.
These Terms and Conditions govern your use of the Kelly’s Butchers Website and all services provided in connection with it.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the kellysbutchers.com website. The changes will apply to the use of the Kelly’s Butchers Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Kelly’s Butchers Website and the Online Store. If you continue to use the Kelly’s Butchers Website after the date on which the change comes into effect, your use of the Kelly’s Butchers Website indicates your agreement to be bound by the new Terms and Conditions.
To register with Kelly’s Butchers you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and Security
When you register to use the Kelly’s Butchers Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.
If Kelly’s Butchers has reason to believe that there is likely to be a breach of security or misuse of the Kelly’s Butchers Website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
5. Excluded Services
The services provided by the Kelly’s Butchers Website do not include the provision of computer or other necessary equipment to access the Kelly’s Butchers Website. To use the Kelly’s Butchers website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
6. Intellectual property
The content of the Kelly’s Butchers Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Kelly’s Butchers Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Kelly’s Butchers Website without written permission from Kelly’s Butchers.
No licence is granted to you in these Terms and Conditions to use any trademark of Kelly’s Butchers.
You may only use the Kelly’s Butchers website for the purpose of ordering and paying for the purchase of products produced by Kelly’s Butchers and/or for posting reviews about products produced by Kelly’s Butchers and for no other purpose whatsoever. Any other use by you of any nature whatsoever will be outside the terms of these Terms and Conditions and will constitute a breach of any contract you have with Kelly’s Butchers. It is agreed that in that context any damage caused or suffered by Kelly’s Butchers whether direct or indirect and consequent on such a breach of contract will be deemed to be within the reasonable contemplation of yourself and Kelly’s Butchers at the time that you entered into a contract with Kelly’s Butchers by using the Kelly’s Butchers website.
Examples (but without limitation) of prohibited behaviours are given below:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of the Kelly’s Butchers Website
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Kelly’s Butchers Website
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Kelly’s Butchers reserves the right to refuse to post material on the Kelly’s Butchers Website or to remove material already posted on the Kelly’s Butchers Website.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Kelly’s Butchers Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Kelly’s Butchers Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Kelly’s Butchers Website by you.
8. Availability of the Kelly’s Butchers Website
Although Kelly’s Butchers aims to offer you the best service possible, Kelly’s Butchers make no promise that the services at the Kelly’s Butchers Website will meet your requirements. Kelly’s Butchers cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at firstname.lastname@example.org we will attempt to correct the fault as soon as we reasonably can.
Your access to the Kelly’s Butchers Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Kelly’s Butchers will attempt to restore the service as soon as we reasonably can.
9. Kelly’s Butchers right to suspend or cancel your registration
Kelly’s Butchers may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Kelly’s Butchers Website. The suspension or cancellation of your registration and your right to use the Kelly’s Butchers Website shall not affect either party’s rights or liabilities.
Paragraphs 9, 10, 13, 14, 17 and 18 of these Terms and Conditions shall survive cancellation.
10. Kelly’s Butchers’ liability
The Kelly’s Butchers Website is provided by Kelly’s Butchers without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
Kelly’s Butchers Website may provide content from other Internet sites or resources and while Kelly’s Butchers will try to ensure that any material included on the Kelly’s Butchers Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Kelly’s Butchers will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Kelly’s Butchers Website. If Kelly’s Butchers is informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Kelly’s Butchers Website with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Kelly’s Butchers Website
unsuitability, unreliability or inaccuracy of the Kelly’s Butchers Website
inadequacy of the Kelly’s Butchers website to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Kelly’s Butchers Website.
Nothing in this paragraph 10 applies to Kelly’s Butchers liability in respect of Kelly’s Butchers products sold through the Kelly’s Butchers Website.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
11. Third Party Websites
As a convenience to Kelly’s Butchers customers, the Kelly’s Butchers Website may include links to other web sites or material which are beyond its control. Kelly’s Butchers is not responsible for content on the Internet or World Wide Web pages external to their site.
12. Advertising and Sponsorship
Part of the Kelly’s Butchers Website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Kelly’s Butchers Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. International Use
Kelly’s Butchers makes no promise that materials on the Kelly’s Butchers Website are appropriate or available for use in locations outside the Republic of Ireland, and accessing the Kelly’s Butchers Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If you breach these Terms and Conditions and Kelly’s Butchers ignores this, Kelly’s Butchers will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Kelly’s Butchers shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods.
Delivery will be made to the address specified by you on the completed order form. Whilst we make every effort to deliver your goods on time, we will not be liable if we fail to do so due to circumstances beyond our control.
By buying products on the Kelly’s Butchers website you agree that it is only fair and reasonable that to the maximum extent permitted by law that the risk in any product bought from the Kelly’s Butchers Online Stores passes to you from the time that such product is dispatched to you.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Your debit/credit card will be reimbursed if payment has been taken.
You can pay by any Mastercard or Visa credit card, or Visa debit card. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure and we will not retain your card details. Authority for payment must be given at the time of placing your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.
If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
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