Terms and Conditions
PrintPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 7 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 9.
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Screwfix Spares Limited (No. 03593012) of Trade House, Mead Avenue, Yeovil, BA22 8RT, United Kingdom ("we", "us" and "our") to the customer ("you" and "your"). The website www.espares.ie (the "Website") is owned and operated by us. Our VAT number is IE 415 376 1TH.
1.2 All orders placed by you on the Website (or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by delivery of the goods to you, at which point a legally binding contract is constituted between you and us. You should print off or save a local copy of the Terms for your records. Your use of the Website means that you agree to be bound by the Website Terms and these Terms, as applicable, and you agree to comply with them. Do not use the Website if you do not accept the Website Terms.
1.3 The processing of your payment and acknowledgement of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
1.4 We may modify the Terms at any time without notice to you to:
1.4.1 reflect changes in relevant laws or regulatory requirements; or
1.4.2 make minor technical adjustments and improvements, where these changes will not materially alter the goods or affect your use of them.
Therefore, you must look at the Terms regularly to check for such changes. Your use of the Website after we post modifications to the Terms means that you agree to be bound by the modified Terms and you agree to comply with them.
1.5 By using the Website, you acknowledge that you have read, understand and accept our Privacy Statement and our Cookie Policy.
2. Ordering
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the buttons to pay and place your order on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
2.4 When placing an order, please provide current contact information, such as your phone number and email address; these details will be used to communicate with you about your order. Calls may be monitored for training and quality purposes.
3. Price & Payment
3.1 The price payable for the goods you order is as set out on our website, in the currency displayed, at the time you submit your order, plus any charges for delivery as displayed at the checkout. The price payable for the goods includes VAT at the current prevailing Irish rate unless otherwise stated.
3.2 Occasionally, we advertise goods at a promotional price or participate in discount code schemes. To receive the promotional price or discount, you must quote the relevant promotion code, otherwise, you may be charged the full price.
3.3 Occasionally, an error may occur, and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or the correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.4 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery before your order can be processed unless we have agreed otherwise in advance in writing.
3.5 Payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page.
3.6 By using a credit/debit card to pay for your order, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal, you confirm that the PayPal account being used is yours.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or if PayPal charges you for making the order.
3.8 We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email, live chat or any other means. Subject to clause 9.8, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility. Nothing in this clause 3.8 affects your statutory rights.
3.9 If you are a trade or other business customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to or by you / your business and we are not bound by any individual order limit you may impose on your employees.
3.10 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clauses 5 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments. Only goods designated on our website as "In Stock" are eligible for 3-5 working day delivery and orders must be placed before the specified cut-off time on a working day for delivery. In addition to your rights under clause 5 and 7, in the unlikely event that we do not make the goods available to you within 30 days of placing your order you will have the option of cancelling your order by notifying us accordingly prior to the order being despatched. For further information about delivery goods, see Delivery Information. Nothing in this clause 4 affects your statutory rights.
4.2 Before placing your order, please refer to the delivery options at the checkout and on our Delivery Information page to ensure that we can deliver to your address. A valid signature may be required on delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us. We strongly suggest that you do not schedule or commence any repair or other work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, the delivery company will try to arrange with you an alternative delivery date. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If an alternative date for re-delivery is not arranged, we may cancel your order and refund to you the price that you have paid for the goods.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you, the goods shall be at your risk and responsibility. In spite of delivery, ownership (also known as "title") in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums to us. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
5. Availability
5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet most orders and purchases, if we have insufficient stock to supply all of your orders we may, at our discretion, process any part of the order which is available and cancel the remainder. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5.2 We work hard to ensure that we have sufficient stock to meet all of our customers' needs; to achieve this, we may restrict sales of certain goods from time to time (where that is permitted by law). Where we believe that availability does not or may not meet demand, we reserve the right at our sole discretion to vary your order by placing a limit on the volume or number of goods that you order. This limit may be imposed either on a single order of goods or on a series of orders for goods and may be notified to you at the time of placing the order, before delivery.
6. Manufacturer's Warranties & Guarantees, Suitability and Fitting
6.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). If so, this is in addition to any other rights you have by have by law, if you are a consumer. Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made directly to the manufacturer, and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance. However, please contact us first, to discuss whether the matter can be dealt with by us under your rights to cancel and return goods (see clause 7). Please ensure that you have read your warranty conditions before attempting to install a part or otherwise repair your appliance. We cannot be held responsible if the appliance is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified technician.
6.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
6.3 Some products may feature an extended manufacturer's warranty. These may need to be registered within a certain number of days from date of purchase - see the product documentation for more information.
6.4 We aim to ensure that product details, specifications and suitability information on our website is the best available at the time. If you receive goods that are not in line with the description on our website, you may have the right to cancel and get a refund in line with your rights explained in clause 7.
7. Cancellation, Returns & Refunds (Returns Policy)
Cancellation
7.1 You may cancel your order for any reason and return the items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you (see clause 15 for how to contact us). You may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the 30-day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.
7.2 The Consumer Rights Act 2022 state that you have the right to cancel your order at any time up to 14 days after the day on which you received the goods you ordered.
7.3 To exercise your right to cancel, you may inform us of your decision to cancel by contacting us (see clause 15 for contact methods); the best way is to follow the process in our Refunds and Return page. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
7.4 On cancellation, where you have received the goods, you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost, unless we agree that you may dispose of them, in which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must return goods with all components and also any promotional goods received (including free gifts) or discounted additional goods.
7.5 Following cancellation, subject to clause 7.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also, where applicable, refund the standard delivery charges. If you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:
7.5.1 you notified us to cancel your order, where you have not received the goods; or
7.5.2 we receive the goods you returned to us, where you receive the goods; or
7.5.3 you provide us with a proof of return for the goods, where you have returned the goods, but we have not yet received them.
7.6 We will refund you using the same means of payment as you used to pay for your order.
7.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods, or you have supplied proof of return for the goods.
7.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised (for example, made-to-order parts). Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons (such as water pumps, and macerators) if you have opened the product packaging after delivery.
7.9 You will lose your right to cancel after the expiry of the 30 days referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).
8. Faulty Goods
8.1 Where the goods are being returned because they are faulty or incorrect (not due to accident, neglect, misuse or normal wear and tear), we will meet the cost of return delivery, but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 30-day period in clause 7.1.
8.2 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the goods within 30 days of delivery, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
8.3 If your goods do not conform with the sales contract (not due to accident, neglect, misuse or normal wear and tear) after 30 days following delivery, we may offer a repair or replacement of the item. We can refuse to repair or replace your goods if both repair and replacement would be impossible to carry out or if compared to the alternative remedy, such as a refund or a price reduction, a repair or replacement would impose disproportionate costs on us.
8.4 If the product is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer directly or we can do this on your behalf. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible, we will replace the item with the same or an equivalent model.
9. Liability
9.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade or other business customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
9.5 The goods sold under each contract are intended for use only in the country we agree to deliver them to under that contract and we warrant that they will comply with the minimum requirements stipulated by the law of that country for goods of that type, in particular concerning their quality and fitness for a particular purpose of goods. All other warranties and representations concerning the nature, quality and fitness for a particular purpose of those goods are excluded to the fullest extent permitted by law.
9.6 If you are a trade or other business customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9.7 THE FOREGOING LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY TO CLAIMS RESULTING FROM DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR BY FRAUD OR FRAUDULENT MISREPRESENTATION.
Legal Rights as a Consumer;
9.8 NOTHING IN THE PROVISIONS OF THESE TERMS AND CONDITIONS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE
10. Age Requirements for Specific Goods
10.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives, and knife blades, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you do not meet the age restrictions for certain goods.
11. Termination
11.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
12. Events Beyond Our Control
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13. Disposal of Electrical and Electronic Equipment
13.1 The European Union (Waste Electrical and Electronic Equipment) Regulations 2014 ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest designated collection point where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.weeeireland.ie/collections. Screwfix Spares Limited is making financial contribution towards the running of these facilities and the onward recycling of this waste.
14. General
14.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with Irish law.
14.2 You and we agree that any dispute between us arising out of our connection with the Terms will only be dealt with by the Irish courts.
14.3 All images are for illustration purposes only. Contents/accessories shown in images are not included unless stated in the product description.
15. Contact Details
15.1 If you wish to contact us for any reason, you can contact us by post at Screwfix Spares Limited, Medco House, Bordesley Green Road, Birmingham, B9 4UA, United Kingdom, email at customerservices@espares.ie, or Live Chat.
16. Privacy Policy
16.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety available here.
17. Alternative Dispute Resolution
17.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest.
18. Third party brands
18.1 Manufacturers' names are used on our website for reference only and (unless stated) this does not mean that the goods concerned are recommended or endorsed by the manufacturer of your appliance. Goods listed as genuine parts are made by the manufacturer concerned or by a third party with the manufacturer's authority. Other (generic) parts are intended to be compatible with the designated appliances but may not be identical to the manufacturer's equivalent part.
Questions?
If you have any questions regarding our Terms and Conditions, you can chat with our Customer Services Department.
© Screwfix Spares Limited. Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or part, is strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact goods may vary from those shown. All goods are subject to availability.
