Terms of service

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Terms & Conditions

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DO NOT CONSUME A PRODUCT IF YOU HAVE ANY DOUBTS OF WHETHER THE PRODUCT IS FIT FOR CONSUMPTION. CONTACT US IMMEDIATELY WITHOUT ATTEMPTING TO CONSUME THE PRODUCT.

The Terms and Conditions (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.kerriganmeats.ie our site to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms for future reference.

We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

These Terms, and any Contract between us, are only in the English language.

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1. INFORMATION ABOUT US

1.1 We operate the food website www.jimflavinbutchers.com . We are Jim Flavins Factory Shop , a company registered in Ireland.

1.2 To contact us, please see our Contact Us page

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2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, because our Products are made to order, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability.

2.5 Under certain circumstances we reserve the right to substitute certain products which may form part of your order.

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3. USE OF OUR SITE AND PRIVACY INFORMATION

3.1 We only use your personal information in accordance our Privacy Policy and our Cookie Policy

3.2 Please take the time to read these policies as they include important terms which apply to you.

All Data is processed in accordance with local law and under no circumstances will your data be sold to third parties.

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4. RESTRICTIONS

This clause only applies if you are a consumer.

4.1 To comply with licensing and other legislation some products on this website are only available to those aged 18 years and over. Products which display this icon are only available to people over the age of 18.

Orders may not be transferred from you as the customer to any other person. By placing an order with us you confirm that you and the person the order is to be delivered to, are aged 18 years or over.

In accepting these Terms and Conditions you agree to provide kerriganmeats.ie truthful and accurate information and act in accordance with the Licensing Act of 2003.

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5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order is complete. You will receive another email when your order is completed and dispatched.

5.3 Please quote the order number in all subsequent correspondence with us relating to the order.

5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5.6 We reserve the right to decline an order for any reason.

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6. OUR RIGHT TO VARY THESE TERMS

6.1 We may revise these Terms from time to time.

6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

6.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

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7. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 7 only applies if you are a consumer.

7.1 IF GOODS ARE NOT FIT FOR CONSUMPTION ON RECEIPT OF DELIVERY PLEASE CONTACT US IMMEDIATELY. YOU MUST NOT CONSUME A PRODUCT THAT YOU BELIEVE IS NOT AT THE RIGHT TEMPERATURE OR IS NOT FIT FOR CONSUMPTION.

IF YOU HAVE ANY DOUBTS, DO NOT ATTEMPT TO CONSUME THE PRODUCT AND CONTACT US IMMEDIATELY. WE WILL ENDEAVOR TO REPLY QUICKLY BUT IF THE REPLY IS DELAYED – DO NOT CONSUME THE PRODUCT.

7.2 Most of the Products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we understand that sometimes you may need to cancel an order and although our products are specifically prepared for your order, if you contact us more than 48 hours before the date your delivery is due, it may be possible to cancel the Contract.

7.3 For non-perishable goods, your legal rights to cancel still apply.

7.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local council.

7.5 If you have returned a Product to us because it is faulty or mis-described, we will refund the price of such defective Product in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.

7.6 Unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;

7.7 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

7.8 Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.

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8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1 If we have to cancel an order for Products before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.

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9. PROMOTIONAL OFFERS AND VOUCHER CODES

9.1 We reserve the right to extend, withdraw or cancel promotional items, special offers or voucher codes, at any time for any reason without notice. All offers are subject to availability and while stocks last.

9.2 A voucher code can only be used once per order. We may decline to fulfill any order including bulk purchase of Products on promotion or included in a special offer. Only one code, special or offer or promotional voucher can be used per an Order.

9.3 You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you, or a third party, are not entitled, you may be committing a civil or criminal offence.

9.4 If we make a refund for a Product that has been purchased under a promotional offer, the refund will be based on the terms of the promotional price. Your statutory rights are not affected.

9.5 In the event that Discount Voucher Codes are issued, they will have their own terms associated to them. These terms will be explained at the time the code is issued (if the code is issues electronically or physically, i.e. posted/delivered, then the terms will be explained in writing). If you are in possession of a code that does not work please contact customer services immediately. If the code is not working as a result of its individual terms and conditions then this will be explained.

9.6 Any Introductory Offers are available as one-off purchases only and the Supplier reserves the right not to honour Introductory Offers at their discretion.

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10. DELIVERY

10.1 Your order will be fulfilled by the estimated delivery date set out in the Complete Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, you will be informed by ourselves or our authorised courier company. All delivery dates are estimates and are not guaranteed.

10.2  If you request an order to be left without a signature this is done at your own risk and we accept no responsibility for lose once it is out of the position of our courier service. The courier service will take a photo of the location in which the order has been left.

10.3 You must be available to receive the delivery on your chosen day.

10.4 If we can not contact you through phone calls we will attempt to leave your order with a neighbour. Is this instance we will require a signature from your neighbour and a photo of the house it was left at. We will also inform them that they must refrigerate the products.

10.5 If no one is available at your address to take delivery or a neighboring location, we, or our authorised courier company, will follow the instructions the order will be left in an area that the authorised courier company considers safe. We will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed.

10.6 The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges..

10.8 Free delivery is available for all orders over €50 (ex VAT) after all discounts, promotional codes and offers have been applied.

10.9 Delivery times can vary, you can pick the next available estimated delivery date when placing your order.

10.10 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. It is the Buyer’s responsibility to check ALL order confirmations prior to the order being dispatched.

10.11 If the customer refuses a delivery for whatever reason, the parcel is destroyed or automatically returned to the sender. Perishable items cannot be resent and refusing an order should be a last resort.

 

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered we reserve the right to request additional payment.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation, unless of an error.

11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site. The delivery charge is €7.99 per order with a minimum order amount of €30. Delivery charge is free on order over €100 (ex VAT).

11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. In all circumstances please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

11.6 Products can be withdrawn from the Website at any time and promotions, offer codes and limited time offers can be withdrawn at any time. The Supplier is not liable to anyone for withdrawing any Products from the Website or for refusing to process an order.

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12. HOW TO PAY

12.1 Payment for the Products and all applicable delivery charges is in advance.

12.2 All financial transactions are processed by our chosen merchant processor.

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13. OUR LIABILITY

13.1 Except as may be implied by law in the event of any breach of these Terms and Conditions by the us, our liability is limited to the value of the Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.

13.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.

13.3 We do not in any way exclude or limit our liability for:

1. death or personal injury caused by our negligence;

2. fraud or fraudulent misrepresentation;

3. any breach of the terms implied by the Sale of Goods Act 1980.

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14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined below).

14.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

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   1. we will contact you as soon as reasonably possible to notify you; and

   2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

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15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 If you are a consumer:

1. To cancel a Contract in accordance with clause 8, please contact our Customer Services telephone line or e-mail us at info@kerriganmeats.ie. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we received your e-mail or letter. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us and talk to us.

2. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by post Jim Flavin Butchers, Dublin Road, Castletroy, Limerick. You can always contact us using our Customer Services telephone line.

15.3 If we have to contact you or give you notice in writing, we will do so by e-mail, phone or by post to the address you provide to us in your order.

15.4 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Jim Flavin Craft Butchers (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@kerriganmeats.ie. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

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Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Castletroy, Limerick before one arbitrator.

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The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Jim Flavin Craft Butcher’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.

 

The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

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Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.