Terms & Conditions
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://horkans.ie/ website (the "Service") operated by Horkans Ltd ("us", "we", or "our").
This 'Terms & Conditions' policy is in connection with our 'Privacy Policy'
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The following are the terms and conditions for use of the Horkans Garden Centre website or any Internet site to which the Website is linked (the "horkans.ie"). This Website is for use by people who are 18 years and over only.
Disclaimer
The material on this site is not intended to be, and should not be relied on as, a substitute for professional advice. The material on this site changes from time to time without notice. By accessing or using this site you acknowledge that Horkans has no obligation to notify you of changes to the material on the site. While Horkans endeavors to keep the material on this site up-to-date, there may be errors, omissions or delays in doing so.
Horkans is not liable to any user of this site or to any other party for such errors, omissions or delays. In some cases, material on this site may incorporate or be based on views of, or information provided by, third parties.
In so far as it is permitted by applicable law and without limitation, Horkans makes no warranties or representations about this site or any material on or sent through this site as to the quality, accuracy, content, legality, completeness, merchantability and fitness for purpose of such material or that the material is free from computer viruses or other defects.
Horkans disclaims all liability in connection with use of or reliance on this site or any material on or sent through this site including, without limitation, liability for any loss or damage, however caused, resulting directly or indirectly from use of or reliance on this site or any material on or sent through it.
Third-Party Website Links
This website contains links to other websites. Linked sites are not under the control of Horkans. Horkans is not responsible for the contents of those linked sites. Without limitation, Horkans does not warrant or represent that material on linked sites, does not infringe any intellectual property rights of any person or that the linked sites are free from computer viruses or other defects.
Links to other websites should not be construed as any endorsement, approval or recommendation by Horkans of the owners or operators of those websites, or of any information products or services referred to in those websites. Horkans makes no warranties and takes no responsibility, regarding the accuracy, merchantability, fitness for purpose, or any other aspect of any material on any linked sites.
Horkans does not, and must not be taken to, authorize any infringement of any intellectual property rights contained in material on other websites, by providing links to those websites.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. Our third party service providers can be viewed here in our 'Privacy Policy'
Security
You are entirely responsible for any and all activities that occur under your Account which is provided to you by Horkans. You agree to notify us immediately of any unauthorized use or any other breach of security.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
How & Why we retain this account information can be viewed here in our 'Privacy Policy'
Payments
Horkans use Stripe, Paypal & Recharge Payments to provide a secure, robust and reliable payment processing service. Their systems and security controls are based on current industry standards and include several layers of technology to ensure the confidentiality, authentication and integrity of information.
Privacy & Data Use
We are committed to doing the right thing when it comes to how we collect, use and protect your personal data. In order to ensure our compliance with new General Data Protection Regulations (GDPR), we have reviewed and updated our data protection policies and procedures. Please visit our ‘’Privacy Policy’’ page for detailed information.
Price of Goods
The price listed on the Website (the 'Price') for Horkans products (the "Products") will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products on the Website is wrong.
Delivery Standard Policy
Deliveries are generally dispatched on the next working day after the order has been placed, and you should receive your order within 3 - 7 working days once shipped.
In the unlikely event that an item you have ordered is out of stock, we will notify you immediately to inform you of any possible delays. Orders placed on a Friday or over the weekend, ships on Monday.
Delivery Fees
Please note, the delivery of the orders depends on the delivery partners. Generally, the orders are delivered between 3 - 7 working days once shipped.
Standard Delivery
Our standard delivery charge is €5.79 for up to 25 kg. Over 25 kg up to 50 kg is charged at €10.99. And over 50 kg up to €75 kg is €15.99. Orders over 75 kg cost €21.49
Priority Delivery
Introducing ''Priority Delivery'' for our customers across Ireland. A delivery method where the orders dispatched will be prioritized by the logistics team over the standard orders. Please note, this guarantees a priority dispatch over the standard orders, the delivery of the same depends on the delivery partners.
Generally, the orders are delivered between 2 - 3 working days once shipped.
Our priority delivery charge is €5.99 for up to 25 kg. Over 25 kg up to 50 kg is charged at €11.99. And over 50 kg up to €75 kg is €16.99. Orders over 75 kg cost €22.49.
Claims
When you purchase online, you have a statutory right to return a Product (other than perishable produce) up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organize a refund (excluding return delivery cost). If a Product is damaged or faulty please contact us and we will organize a replacement or refund.
Product Ownership & Responsibility
The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Unforeseen Events Outside Our Control
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 events outside our reasonable control (“Force Majeure Event”).A 'Force Majeure' Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks.
Accordance with Specification
It is not practical to publish detailed specifications of all the Products and keep specifications completely up to date. All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products.
Safety
If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.
Disclaimer of Warranties
The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €200.
Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Contract
No contract will subsist between you and Horkans or any partner store of Horkans for a sale to you of any product or service unless and until Horkans or the Horkans partner store accepts your order by e-mail confirming that it has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Horkans sends the e-mail to you (whether or not you receive that e-mail).
Modification of Terms
We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.
Laws
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Termination
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.
General
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
In addition to the terms and conditions set out above, access to documents on Horkans' website is also subject to other terms and conditions upon which information in other forms or media is provided by Horkans to its members, for example, confidentiality requirements, and other provisions in the Regulations for each clearing system.
Horkans reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any Materials in any respect. Horkans shall have no obligation to take the needs of any User into consideration in connection therewith.
Horkans reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.
No waiver by Horkans of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.