These terms and conditions are effective from 01.03.2019 until further notice. Please read the following in full before Purchasing. By clicking on the “Buy it Now” button you are confirming that you have read this agreement, have understood the agreement, and agree to be bound by the conditions. If you do not agree with any of the following, then Believe2Achieve Ltd will not enter into a contract with you, and you should not click on the “Buy it Now” button and discontinue with the online ordering process.
1. Definitions: the terms herein regulate the customer’s use of items provided by Believe2Achieve Ltd., we, our and us. The Customer is you, the person, persons or company purchasing products and/or services from Believe2Achieve Ltd.. Believe2Achieve Ltd. is the Product Vendor and/or Service Provider as identified on all correspondence, including invoices detailing products and/or services queried, quoted, ordered, purchased and delivered and inclusive of any other correspondence arising. The site refers to Believe2Achieve Ltd. website, www.b2a.ie, any other address or subsequent websites maintained by Believe2Achieve Ltd.. b2a.ie branded products refer to custom manufactured products tested and sold by Believe2Achieve Ltd.. Third party products are those that Believe2Achieve Ltd. resells to you the customer, and are not b2a.ie branded.
2. Pricing: All prices include Irish VAT and exclude freight and any other charges that may apply unless stated otherwise. Our prices fluctuate constantly and Believe2Achieve Ltd. reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Believe2Achieve Ltd., or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price.
3. Quotations: All of our quotations unless otherwise stated are valid for a period of 10 working days from the date of issue, unless there is an express provision between the parties for a different period to apply. This includes third party products. Believe2Achieve Ltd. reserves the right to withdraw any quotation. We reserve the right to correct any errors made in the preparation of a quotation and reissue the quotation if necessary, which will be valid for a period of 10 working days starting on the day of reissue.
4. Ordering/Cancellation: Orders may be made through the website, by email, and are considered confirmed by means of Order Confirmation, or by verbal agreement. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Believe2Achieve Ltd.. Cancellation of orders must and can only be made within 1 day of an order placed or by verbal agreement. There is no charge for cancellations. Return postage/carriage costs are at buyers expense and refunds, if applicable, are net of postage paid. Details of all orders made will be stored on our database.
5. Payment: All orders must be prepaid before supply, or performance of service. Only companies and public bodies are entitled to apply for a credit account, and if and/or when this is approved, 30 days credit from invoice date may be applied to transactions. Believe2Achieve Ltd. reserves the right to investigate all information given to us by you in respect of credit and trade account applications. This may include contacting any or all of your references supplied. Failure of part or full payment of the current order, or indeed any previous order by the parties concerned, may result in Believe2Achieve Ltd. refusing to process the order concerned, or any future orders. Goods remain the property of Believe2Achieve Ltd. until payment in full has been made. Should the goods be resold or used as components in any system manufactured and subsequently sold, the proceeds of sale remain the property of Believe2Achieve Ltd., and must be held by you for Believe2Achieve Ltd., in order to settle unpaid orders. Believe2Achieve Ltd. retains the right to request certain methods of payment only. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.
6. Delivery: Delivery will only take place on orders that have satisfied the criteria in section 5 above. Estimated delivery dates and times are estimates, and Believe2Achieve Ltd. accepts no responsibility for delivery delays. The delivery times do not include time between the placing of order, ordering stock, picking out, packaging, and dispatching. The place of delivery is that which is specified on the web order form, by verbal agreement over the phone, in person, or by any other form of written or verbal communication. Refusal of delivery without Believe2Achieve Ltd. prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Risk of loss of the goods passes to you upon delivery.
8. Returns: Dead on arrival or damaged in transit products must be reported to Believe2Achieve Ltd. in writing (email will suffice) within 7 days of receipt. Customers may return goods within 7 working days of purchase subject to the goods being unused and unopened. Refunds for opened and used goods will be refunded net of postage incurred by Believe2Achieve Ltd. After the passing of these 7 days, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. When seeking to return all or part of an order, the customer must email in detail, and in good faith, a returns request, send it to Believe2Achieve Ltd., and once a valid RMA number is issued, then the customer can return the item. . Once a RMA number is obtained, the item(s) must be returned to Believe2Achieve Ltd. at the customer’s own arrangement and expense. When the item(s) is returning to the customer, Believe2Achieve Ltd. will arrange the delivery and pay the freight costs incurred. Goods that are mistakenly returned as faulty will incur a €20 fee and any additional charges such as freight will be added to this fee. Goods returned without a valid RMA number will be returned to the customer untested and unopened. Believe2Achieve Ltd. endeavours to investigate all returns within a reasonable time but will not be held responsible for delays such as, but not limited to, those outlined in section 13 below. While we will endeavour to accommodate all returns, this may not be possible, subject to constraints, such as, but not limited to time constraints, imposed by suppliers, manufacturers, or any other third party. We will not be held responsible for returns that we can not process, but we will always endeavour to accommodate returns where possible. We reserve the right to charge a re-stocking fee where appropriate, this fee shall not exceed 20% of the goods value.
9. Services: Services will be provided by Believe2Achieve Ltd., or a nominated Service Provider.
10. Customer Obligations: The customer is responsible for all telephone and postal charges contacting Believe2Achieve Ltd., and your own choice of Product and its suitability for purpose. [All products are fit for purposes described, but it is the customer’s obligation to ensure compatibility between items]. Reasonable courtesy, cooperation, and information must be provided to Believe2Achieve Ltd. at all times, and failure to do so may result in Believe2Achieve Ltd. refusal to take and/or complete an order, inquiry or quote. In respect of section 5 above, you the customer warrant that all information supplied by you to us in respect of credit applications is correct and complete, and any charges incurred by you will be honoured by your credit card company.
11. Termination: The agreement for sale or supply may be terminated by Believe2Achieve Ltd. if the customer fails to pay on time, breaches the agreement, or suspects the customer has breached export controls, which are governed by EU and US export control laws, as well as Irish legislation. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.
12. Force Majeure: In the event of circumstances beyond Believe2Achieve Ltd. control, we are not liable for delays in performance and completion. Believe2Achieve Ltd. will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after two months or any time thereafter.
13. Disputes: Disputes arising between Believe2Achieve Ltd. and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law.
14. Alterations: Believe2Achieve Ltd. reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.
15. Jurisdiction: Irish legislation and the jurisdiction of the Irish courts apply to this agreement.
16. Agreement: By ordering from Believe2Achieve Ltd., you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.