TERMS & CONDITIONS
1st January 2021
“The Seller” means Creative Cane Ltd T/A Tara Group “The Buyer” means the person, partnership, firm or company which places the order with the Seller.
“The Goods” means the article, things or items described in the order.
“The Order” means the order placed by the Buyer for the supply of the Goods.
Tara Group reserves the right to change these terms and conditions from time to time without notice to you and the changes will take place on the day they are published.
Tara Group is a trade only supplier (Seller) and requires evidence of business trading before supplying any potential Buyer.
The Seller reserves the right to reject any application they feel is not a genuine trade application.
The Seller reserves the right to cancel trade accounts without notice.
The Seller reserves the right to change prices without notice.
The Seller reserves the right to change minimum shipment values without notice.
The Seller reserves the right to refuse new account applications if the Buyer (in the Seller’s opinion) is unable to adequately support the Seller’s products in situ. The Seller requires a minimum order of € / £1500.00 to open or reactivate a trading account.
The Seller requires an annual minimum spend of € / £5000.00 on all trade accounts. Accounts that fall below this value will be revoked and closed.
1. PRICES AND MEASUREMENTS
All prices are exclusive of VAT.
VAT will also be added to orders for delivery to other countries within the EU unless a valid VAT registration number for the country of delivery is supplied before dispatch. VAT will not be charged on orders for delivery outside the EU.
All sizes are approximate. (Slight variations in size and colour may occur due to handmade nature of our products).
The Goods are designed for domestic use only. They are not designed for industrial or commercial use, in particular please be aware that Furniture may not be suitable for commercial business use.
The Seller’s products are for decorative use only and are strictly not toys. due to risk of choking from small parts these items are not suitable for children under 36 months.
The Seller shall arrange for delivery of goods to the Buyer’s address in The Republic of Ireland & Northern Ireland only. For address’s outside of the Republic & Northern Ireland our goods will be supplied on an exworks basis only and will be made available for collection from our logistics centre in Dublin. Our carriers are unable to deliver Goods inside Buyer’s premises due to insurance reasons. The risk in the Goods shall pass to the Buyer when the Goods arrive at the delivery address or are collected from our logistics centre as the case may be. For the avoidance of doubt, if any Goods are being exported from the Republic of Ireland (save and except to Northern Ireland which the Seller will continue to deliver to), the Buyer will be fully responsible and liable for any customs clearance, duty charges or such other taxes or charges that may be levied or due for Goods supplied on an ex works basis.
The Buyer must ensure that qualified personnel are in attendance to accept delivery and The Seller’s reserve the right to reclaim the costs of storage and/or redelivery and/or other related costs where the Buyer fails to accept delivery of Goods. The Seller reserves the right to cancel or to make part delivery on orders without the prior notice unless otherwise instructed in writing at the time the order is placed. The Seller shall not be liable for any loss or damage whatever arising from such cancellations. Orders cannot be cancelled by The Buyer without written approval from The Seller. All items must be ordered in carton multiples.
Orders received which are not in multiples of the pack quantities will be rounded up or down to the nearest multiple.
All orders must be cancelled in writing via email to firstname.lastname@example.org. Orders can only be cancelled prior to despatch. Once the items have left our third-party logistics company warehouse the full delivery and return costs will be incurred.
All orders are supplied subject to these Terms & Conditions, and no variation from them is accepted unless explicitly confirmed in writing by a director of Tara Group. Any dispute arising from the sale or supply of Goods by Tara Group and the contract between the Buyer and Seller shall be governed by Irish Law and the Irish Courts shall have jurisdiction for those purposes
The minimum invoice value (Goods in stock) for delivery in The Republic and Northern Ireland is €600.00 (excluding vat). Minimum order values for goods supplied on an ex works basis will be quoted on a case by case basis and will be palletised for collection.
Delivery times are between 9am – 6pm Monday to Friday.
If you require delivery at a specific time or guarantee of AM delivery (Before 12 noon) a surcharge will apply.
4. PAYMENT AND TERMS
Credit terms are strictly 30 days end of month from date of invoice unless otherwise agreed in writing with the Seller.
If we cannot offer a credit account all transactions will be on a Pro Forma basis.
Credit accounts will be subject to credit limits. Credit limits will be derived from credit scores obtained from credit checking agencies. If the Buyer requires a higher credit limit the Seller reserves the right to seek personal guarantees from owners/directors.
The Seller reserve the right to charge interest to pro-forma new and existing Buyers, if Buyers do not settle their accounts in accordance with these terms and conditions of trade.
All payments to be made in Euros and Sterling where applicable.
Credit card payments may be subject to a surcharge.
Buyers wishing to open a credit account must complete a credit application form in full and provide two trade references (These must be companies who supply you on credit, preferably in the giftware/furniture trade) giving full addresses and telephone numbers.
In applying to open a credit account with us you agree that we may contact your suppliers to take up referees concerning their trade with you, and also that we subsequently give referees to other suppliers and to our trade association concerning our trade with you. If you are unable to provide two suitable referees, then we will supply your orders on a pro-forma basis until such suitable referees are provided.
5. DAMAGES AND SHORTAGES
When delivery is arranged by The Seller, Buyers should carefully check that pallets are intact when they arrive at their location. If any pallets show obvious damage, immediately point this out to the delivery driver and take a digital photograph.
In the case of any damages and/or discrepancies the words “Goods damaged” or “Goods missing” should be clearly recorded on the carriers copy and on your copy of the delivery docket for the carriers records and your records.
A digital photograph of the pallet showing the damages or shortages MUST be taken and sent by email to be used in any claim request.
Buyers must not wait until the next visit from their Tara Group representative to alert Tara Group, as the carrier company allow only 3 days to make a claim. Claims after 3 days are declined by the carrier.
All requests for credits in relation to products missing and/or damaged must be made to the Tara Group claims department at the contact details listed below.
All claims must be made within 3 days of receipt of delivery.
Tara Group claims department:
If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. The Buyer will not be held responsible whatsoever for any damage to goods supplied on an “ex works” basis.
6. WEBSITE / SOCIAL MEDIA POLICY
The Buyer is not permitted to offer The Goods for sale on social media without written permission from The Seller. The Seller owns the copyright to all its product images on its website and they may not be used without written permission from the Seller
The Goods will be at the Buyer’s risk as from delivery to the address given at the time of ordering, except in the case of good sold “ex works” when the risk passes to the Buyer immediately upon collection by the appointed carrier from our logistics centre.The Goods will be at the Buyer’s risk as from delivery to the address given at the time of ordering, except in the case of good sold “ex works” when the risk passes to the Buyer immediately upon collection by the appointed carrier from our logistics centre.
Even if the delivery has been made, property in the Goods will not pass from the Seller until the Buyer has paid i.e. that the funds have been cleared into the Seller’s bank account for the price in full and that no other sums of any kind are owed to the Seller by the Buyer.
Until property in the Goods passes to the Buyer as per the terms in previous paragraph, the Buyer will hold them on a fiduciary basis as bailee for the Seller. They should be identified and stored in such a way to be identifiable as being separate from other supplier’s Goods.
Until property of the Goods has passed from the Seller to the Buyer, on request from the Seller the Buyer will make any Goods not sold available for delivery to the Seller. If the Buyer does not do this, then the Seller may enter the premises owned, occupied or controlled by the Buyer where the Goods are and repossess the Goods.
The Buyer is not entitled to pledge or use the Goods, which are the property of the Seller as security for any indebtedness. Without prejudice to the rights of the Seller, if the Buyer does so then any monies owed by the Buyer to the Seller become immediately due and payable. The Buyer will keep the Goods insured to the full price against all risk until the date that the property of the same passes over from the Seller to the Buyer.
The Seller will not be liable for any indirect or consequential loss whatsoever arising from, or in connection with, the supply of defective Goods, delay in delivery, non-delivery, loss, or damage to Goods in transit to the property of the purchaser, or any third party.
These terms and conditions are effective as of 1 st of January 2021. They supersede all other previously published. Placing an order with tara group deems the buyer’s acceptance of these terms and conditions. These conditions will take precedence over any conditions which may appear in the buyer’s purchase orders and we shall not be bound by the buyers terms and conditions unless expressively agreed by us in writing.