- ABOUT THIS DOCUMENT
What it covers
Welcome to FULS. This document sets out the terms and conditions applicable to all sales by FULS, through its website. We may change these sales terms at any time, but no changes will apply to any orders you submitted before the change
- ABOUT FULS
The Federation for Ulster Local Studies (FULS) was set up to promote and assist with the study and recording of the history, antiquities and folk-life of Ulster, to develop communication and co-operation between local historical groups and between these groups and relevant statutory and voluntary organisations.
The Federation is a Company limited by guarantee, registered with Companies House. It is also a Charity registered with the Charities Commission Northern Ireland.
- APPLICABILTY OF TERMS
These Conditions apply to all sales of Goods by us to you through the Website and shall apply to any orders you submit through the Website.
In these Conditions, the following terms shall have the following meanings:
“Consumer”: means a natural person who is acting for purposes which are outside the person’s trade, business, craft or profession.
the “Website” means www.vikingdirect.ie
“You” or “you” shall mean you, a Consumer
the “Contract Documents” means the web pages through which you ordered the Goods, these Conditions, the descriptions and specifications of the Goods on the Website, and our e-mails to you acknowledging and/or accepting your order.
the “Delivery Charges” means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you.
the “Delivery Address” means the delivery address you provided to us in your account or as stated in the ordering web pages;
the “Goods” means the Goods you are purchasing under these Conditions;
the “Price” means the price of the Goods as stated in the ordering web pages and any order confirmation e-mail, we send to you;
the “Ordering Web Pages” comprise your shopping trolley and the checkout and other ordering pages generated by our Website and sent to your browser’s specific to your orders;
“working day” or “business day” means Monday to Friday, except bank or other public holidays in the United Kingdom.
- HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the Goods on these Conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2 Acceptance of your order
Acceptance of your order will occur and a binding contract for the sale and purchase of all products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm that any of the products in your order have been dispatched.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the Price and Delivery Charges. Other reasons may include that the Price, offer, or product has changed or because any of the Goods you have ordered are not available.
- SALE AND PURCHASE
On acceptance of your order, we agree to sell to you, and you agree to purchase from us the Goods specified in the Contract Documents. You must be aged 18 years or over to purchase from our Website.
The Goods will be those those specified in the Ordering Web Pages, will correspond to the essential characteristics, description and specification set out in our Website at the time of order
You agree to pay the price and delivery charges.
- PAYMENT TERMS
9.1 Payment with Order
Payment of the Price and Delivery Charges must be made with your order.
9.2 Payment Methods
We accept payment through PayPal which accepts all major Credit Cards. Payment is deducted when we process your order.
10.1 Delivery Address
Delivery will be to the Delivery Address selected or provided by you in the Ordering Web Pages.
10.2 Inspection on delivery
When you receive the Goods you should immediately inspect them for damage and faults, and you should inform us if you consider that you have not received the Goods you ordered, or if you consider that the Goods are faulty or damaged, otherwise the Goods will be considered to have been correctly delivered, free from damage or faults and in good working order.
- CANCELLATION RIGHT
You have the right to cancel the contract for any products without giving any reason, on and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or mis-described products.
Your cancellation right does not apply to sealed audio or video recordings and sealed computer software packages, if the seals are broken after delivery.
11.2 How to exercise your right to cancel
i. Informing us
To exercise you right to cancel, you must inform us of your decision by a clear statement to us.
ii. Methods of informing us
You can exercise your right to cancel in any manner you decide, but we would prefer one of the following: following the instructions for returns in the documentation supplied with your products on delivery; e-mailing us, telephoning us, or contacting us using any details on our website at https://www.fuls.org.uk or writing to us at 18 Ardmore Avenue, Downpatrick, Co Down, Northern Ireland BT30 6JU quoting your order reference number. It will save time if you can supply us with your order reference number when you cancel, but don’t worry if you are not able to find this.
iii. Return of the products and costs of return
If the products have been delivered, then you must return the products to us in accordance with the following arrangements. Return of the products includes all packaging and contents.
iv. When products must be returned
You must return the products to us without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel.
v. Return of the products by you
Subject to clause iv. you must send the products back to us at 18 Ardmore Avenue, Downpatrick, Co Down, Northern Ireland BT30 6JU
vi. Costs of returning the products
You must bear the direct cost of returning the products to us.
vii. Condition of products returned
If you handle the products beyond what is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery. You agree to pay such amount on demand, and you agree that we may deduct such amount from any refund which we are obliged to make to you.
viii. Amount of Refund
If you cancel this contract in respect of a product, we will reimburse to you all payments received from you under the contract with respect to such product, including the price and delivery charges, but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery.
ix. When your refund will be given
If you are responsible for sending the products back to us, then we will provide the refund without undue delay, and not later than the earliest of the following dates: 14 days after the day we receive the products back from you; 14 days after the day you provide evidence that you have sent the products back to us.
x. How your refund will be given
We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
- We warrant that the Goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):
- We will replace the Goods with Goods which do conform to the contract; or
12.3 We will take the Goods back and refund you all amounts paid by you under the contract.
12.4 We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods.
12.5 All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the Goods are hereby excluded to the fullest extent permitted by law. This shall not affect your statutory rights which cannot be excluded or varied under applicable law.
13 LIMITATION OF LIABILITY
13.1 Meaning of “liability”
In the contract, references to our “liability” shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the Goods.
13.2 General Limitation
Our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the Price and Delivery Charges payable by you under the contract.
- RIGHT TO CANCEL OR VARY
i. we are not able to supply any of the Goods for genuine reasons beyond our control, for instance, because we did not have the Goods in stock, or sufficient Goods in stock to meet all our orders, and we are not able to obtain the Goods from our suppliers at all or in time to meet the delivery timescales; or
ii. our Website and/or Ordering Web Pages contained any error, including in relation to the description or Price of any of the Goods; or
iii. if any of the Goods are not in stock or insufficient Goods are in stock to meet all our orders and cost of acquiring the Goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted, we shall be entitled to cancel the contract as a whole or in respect of those Goods, in which case we will offer you a full refund, These will be your only remedies and claims against us in such circumstances.
15.1 Entire Agreement
The Contract Documents, together with these Conditions, constitute the entire agreement between you and us for the sale and purchase of the Goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the Contract Documents or these Conditions. Any variation or alteration to these Conditions shall only be binding upon us if made in writing and signed by a director of FULS. Only the Federation’s Executive Committee has authority to change the terms of these Conditions.
15.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
15.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.
15.5 Invalid Terms
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
15.6 Law and Jurisdiction
The contract shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland and to the fullest extent permitted by law, and the courts of The United Kingdom shall have exclusive jurisdiction.
20 January 2020