Welcome to the Agway terms and conditions for use which apply to the use of this website and by accessing the website and/or placing an order you agree to the terms and conditions set out below. If you have any questions relating to the terms and conditions of using this website the please contact us at firstname.lastname@example.org or call us on 021-7431891.
USE OF THIS WEBSITE
You warrant that:
The personal information which you are required to provide when you register as a customer is true, accurate, current and complete
You will notify us immediately of any changed to personal information
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
Modify or withdraw this website or any part thereof, with or without notice to you and without liability to you or to any third party; and/or
Change the Conditions when required, and your continued use of the website following such a change shall be deemed to be your acceptance of such a change. It is your responsibility to check regularly to determine if conditions have changed
THIRD PARTY LINKS
We may provide links to other websites or resources for you to access at your own discretion. You agree that as you have chosen to access these linked websites we are not responsible for the availability, terms, policies, content or security of these external websites or resources nor do we endorse any of the content on these external websites.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Data Protection and consumer legislation.
PURCHASE OF PRODUCTS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Below are the steps required to create a contract between you and us:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Agway.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions provided for cancelling orders.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by agway.ie. If you do require any information regarding orders you have placed with agway.ie please write to us at the following address:
CONSUMER CONTRACTS REGULATIONS 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You can cancel by email: email@example.com or call 021-7431891 or write to: Agway, Curragh, Aherla, Co. Cork
If you decide to cancel, you should return the goods to us within 60 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Please see our Refund Policy for further details.
PRICE AND PAYMENT
Prices can change at any time, please check the pricing of your order before confirmation
We have taken every step necessary to ensure this website is secure for online shopping. Agway cannot be responsible for the fraudulent use of a lost credit card on this website but we will do all we can to assist your credit card company once you have reported the fraud to them
DESCRIPTION OF PRODUCTS
Products purchased are sold subject to the product description which sets out additional specific conditions related to that product including and without limitation, estimated delivery times, price, size, warranties, after sales service and guarantees.
We take all reasonable care to ensure that all details, images, prices and descriptions of products appearing on this website are accurate at the time when the information is inputted on to the website. The website is kept as up-to-date as possible but information including the product descriptions and details on this website may not always reflect the exact details at the time of purchase. Price is confirmed at the time of order acceptance by us.
By placing an order using this website, over the phone or in our store, you are accepting the terms and conditions of our returns policy. Your existing statutorily rights are not affected by these conditions.
Gift vouchers can be used for the purchase of goods on this website, over the telephone or in our store
Gift vouchers cannot be exchanged for cash
If the good ordered online or in store total less than the gift voucher value, we will assign the balance as credit with Agway for redemption against future orders
If you are returning goods purchased using a gift voucher/s, the return value will be credited to your online shopping account for use against future purchases
Agway reserves the right to change these Terms and Conditions at any time.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is “and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Kukoon.com. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
For any queries regarding our service, please contact us via email, phone or post.
Our company details are:
Curragh, Aherla, Co. Cork
Registered in Ireland. Company registration number: 335557
RETURNS / CUSTOMER SERVICE
CHANGE OR CANCEL AN ORDER
If you would like to change or cancel your order contact us immediately on 021-7431891. If your order has not been dispatched we will arrange a cancellation and a refund or exchange.
If your order has already been dispatched or delivered, then you will need to follow our Returns Procedure in the event of any unwanted products.
If you need to change your delivery details contact us immediately on 021-7431891. If your order has not been dispatched we will ensure your delivery details are changed. If your order has been dispatched and it is to an incorrect delivery address we cannot be held liable for any losses incurred by you through placing the order.
Please have your order number ready to quote.
TRACKING YOUR ORDER
Once your order has been dispatched we will email you any available tracking information so as you can track your delivery. If no tracking information is available we will provide as much information as possible on estimated delivery dates.
Please contact us for further information on tracking your order.
MISSING, INCOMPLETE OR DAMAGED ORDERS
If your order has not arrived or has only partly arrived please contact us on 021-7431891.
If your order has been dispatched but hasn’t arrived within the estimated time period then please contact our customer services department on 021-7431891 or by emailing firstname.lastname@example.org.
If your order arrives damaged then please follow our Returns Procedure or contact us for further information.
If you are not satisfied with your product please note we can only refund or exchange a product if we receive it back to our warehouse within 7 days of receipt. Returned product must be in its original packaging and in re-saleable condition.
Please ensure product is returned in original packaging and resalable condition, as no refund or exchange will be authorised unless these conditions are met.
Where a product is faulty, it must be sent back in its original packaging. As soon as we receive the return, the product will be inspected by our quality department. Products deemed faulty will be replaced and shipped immediately at no extra cost.
Include a note stating the reason for the product return, along with your name, address, daytime contact phone number and your Order Number.
Then take your parcel to the post office for return using the returns address. We recommend using registered post so a product can be tracked if necessary.Please note: any cost of return will not be refunded.
If you have any queries regarding your return please contact our customer services team – our details can be found below.”
All returns are inspected upon receipt to ensure they have been returned in a satisfactory condition. Upon satisfactory inspection of the returned item:
A refund will be issued within 14 days of receipt of the returned item
The refund will be issued to the credit/debit card used to place the order
If a gift voucher was used a new gift voucher to the value of the refund will be issued
It is important that any unwanted items, unless faulty, are returned in a re-saleable condition, this includes original packaging and labelling
Refunds are not provided for any items that have been altered for sale (unless faulty or damaged)
We do not offer a service to exchange good purchased online. If you are in receipt of an unwanted item you will need to follow our Returns Procedure and then place a new order.
RETURNING AN ITEM BOUGHT ON SALE
We do not accept returns for items purchased while on sale or in a promotion. See our Returns Procedure for further instructions. The purchaser is liable for all return costs of such an item unless it is faulty or damaged.
RETURN TO STORE
You can return any item purchased online to our store. Simply bring a copy of your order receipt with you and your refund will be issued via your payment method at the time of purchase.
STANDARD DELIVERY – Flat rate charge of €10 (Delivery to Ireland only)
All orders are dispatched using our range of trusted couriers.
Delivery normally takes place within 3 working days unless otherwise stated on the product page. Some product ranges may take 5 or more working days for delivery. A signature is required for some but not all of our deliveries. If your delivery requires a signature and you are not there, the courier will leave it with a neighbour, in a safe place (if you have one) or take it away again for redelivery. They will place a card through your door to let you know that they have been, and what action they have taken.
Any delivery instructions should be included at the checkout when prompted. You can request delivery to your place of work or any other address, make sure to enter the alternative address in the shipping section during the checkout process.
Tracking details are available for most orders and will be provided where possible. If you require tracking information please contact us. If your order does not arrive in the scheduled time please contact us for further information and guidance
COLLECT IN STORE
We have a store located just outside Aherla, Co. Cork. If it is suitable you can of course collect your item from our store. Please contact us if you would like to arrange this.
Our address is Agway, Curragh, Aherla, Co. Cork
INTERNATIONAL DELIVERY – USA / CANADA & EUROPE
Unfortunately, we do not offer delivery outside of Ireland.