Website Use And Security
You are entirely responsible for any and all activities that occur under your Account which is provided to you by O’Donnell Commercials. You agree to notify us immediately of any unauthorised use or any other breach of security.
Website Privacy And Data Use
We do not hold any personal data. Instead, personal data is stored on a remote secure server. Accordingly, if you have any questions concerning website privacy and data use, we suggest that you contact sales@odonnellcommercials. View our privacy statement here.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the Website. All information, designs, drawings and other specifications provided on the Website are the exclusive property of odonnellcommercials. Any copying, transmission or re-transmission of the same requires the prior written approval of odonnellcommercials.
We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom.
Price Of Goods
- The price listed on the Website (the ‘Price’) for odonnellcommercials 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.
- The prices quoted are recommended prices, Prices are correct at the time of going to press.
For all our Delivery Information and Policies see here our Delivery Policy
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 organise a refund (excluding delivery cost). If a Product is damaged or faulty please contact us and we will organise a replacement or refund. Any claim cannot be entertained once the order has been signed for, any damage must be specified on the delivery docket and the parcel must be refused.
Accordance With Specification
Many of the Products are of a technical nature and 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.
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.
No contract will subsist between you and odonnellcommercials or any partner store of odonnellcommercials for a sale to you of any product or service unless and until odonnellcommercials or the odonnellcommercials 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 odonnellcommercials sends the e-mail to you (whether or not you receive that e-mail).
Modification Of Terms
Most of our parts are aftermarket parts from independent parts manufacturers around the world. As well as aftermarket parts, in some circumstances we also offer original equipment parts in some of our ranges. Our aftermarket parts are of matching quality to the original parts. All of our parts are aftermarket parts unless otherwise stated.
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.
For our Returns Policy and Procedures see our Returns Policy
It is the responsibility of you, the user, to ensure that all parts are of correct application before painting or fitting.
All parts must always be installed by a person qualified to fit them, any attempt to fit parts where this is not the case will void the warranty, please also note that all dimensions supplied must be carefully noted by you, while we will always endeavour to help where we can, we cannot always guarantee that a specific part will fit a specific application
Promotion And Voucher Codes
On occasions we will offer voucher codes and discounts herein described as voucher codes’ (including without limitation discounts, offers, promotions, prize draws, flash sales competitions etc) via different channels to new and/or existing customers. By using any voucher code, you are agreeing to the following
General Terms & Conditions of Usage
A voucher code may only be redeemed online on our websites www.odonnellcommercials.ie (including all sub-domains and localised sites). Discounts and/or free items cannot be redeemed via telephone or email unless expressly advertised.
A voucher code cannot be used in conjunction with any other offer, discount or promotion.
A minimum spend threshold maybe required on voucher/promotions codes. This will be clearly stated at the time of purchase and in all advertising.
Only one voucher code can be used per transaction. Voucher code/promotions cannot be applied retrospectively.
Voucher codes are non-transferable and non-refundable. Voucher codes can only be redeemed against in stock items and cannot be used against out of stock items.
A voucher code is redeemed by entering the code at the appropriate point on the online purchase order process for a qualifying purchase.
A voucher code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The Voucher code cannot be used for the purchase of gift vouchers and/or gift cards.
We accept no responsibility for voucher codes that are illegible, lost or expired during any such promotion, on any media or channel delivered via or electronically on the website. Voucher codes not submitted in accordance with these Terms, or incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.
We accept no liability for the administration of O Donnell Commercials vouchers by 3rd parties etc.
Orders containing excluded products or groups of products are not valid for any promotion: product bundles, gift vouchers
Gift Vouchers can only be used once. Multiple orders are not available. As a result you must use the entire Gift Voucher when you place your order as we are unfortunately unable to keep track of any unused portion and so will cease to exist on the voucher.
Gift Vouchers are valid for 12 months from the date of purchase.
Gift Vouchers are valued and issued in Euros only. It is possible to redeem a Gift Vouchers against an order using other currencies and their worth in that currency will be calculated at the time of redemptions.
Gift Vouchers cannot be exchanged for cash. Gift Vouchers can only be applied to orders on the odonnellcommercials websites. Gift vouchers cannot be applied retrospectively.
After entering in the gift voucher code, your order will be automatically updated with credit to the value of the voucher. If there’s any balance to pay, you can use a debit, credit or paypal to pay the balance.
Voucher Codes – Period Of Use
A Voucher code is only valid during the period identified and on the dates and for the products specified in the media it was delivered in. If no period is specified above, the voucher code shall be valid for no longer than 7 days from launch.
We reserve the right to
- Cancel or withdraw any Voucher code,
- Refuse to allow any customer to participate in the Voucher code,
- Decline to accept orders where, in its opinion the Voucher code is invalid for the order being placed
- Exclude any single or group of products from any general promotion (such as product bundles).Excluded products can be found during the online order process at the relevant checkout stage upon entry of the Voucher code, or prior to your purchase by emailing: firstname.lastname@example.org.
Having trouble applying the voucher code?
- Please check to see if the items you have selected for purchase exceed the minimum order value as set out in the promotion voucher code terms and conditions.
- Please check that the items in your basket are included in this offer. A list of the items that are included will be listed as part of the voucher code promotion and/or advertising.
- Ensure that the voucher code is still valid. The offer end date will be detailed in the promotion voucher code terms and conditions.
- Please make sure that the voucher code has been correctly entered into the promotional code box on the basket page.
- Ensure you have selected the ‘Apply Code’ button to activate the voucher code. This is located to the right of the voucher code box on the Basket page. Clicking this button will cause the page to refresh, where a pop up will appear informing you that the code was successfully added to your order. If the voucher code is invalid, notification will also appear here informing you of this.
Terms & Conditions – EU Late Payments Regulations
EU Late Payment Regulations:
It is possible for a contract to provide for a rate of interest on sums of money that are overdue. Provided that this is not a penalty, it will be generally enforceable. The contract should specify the rate either as a percentage or with reference to an underlying base rate. It is necessary to specify whether the rate is chargeable as simple interest or as compound interest. If interest compounds, it is necessary to set the time (the rests) at which it is compounded. The European Communities (Late Payment in Commercial Transactions) Regulations 2012 give effect to an EU directive providing common European Union rules on interest on the late payment of commercial accounts and debts. They repeal earlier 2002 regulations. The regulations apply both to the public and private sector.
The regulations apply to a commercial transaction. This is a transaction between businesses and with a public authority. A transaction may be for the provision of services or delivery of goods for payment or other reward.
Late Payment II:
Where the contract does not specify a date or period for payment, but a procedure for acceptance or verification by which conformity of the goods is to be ascertained is provided by law or under the contract, and the purchaser receives an invoice earlier than or on the date for such acceptance or verification, the date falls 30 days after such verification or acceptance.
Where a contract specifies a date for payment, this is the relevant date. Where, however, the date is more than 60 days from the date of delivery of the goods or the provision of the service, the date must be expressly stated in the contract and must not be unfair to the supplier. This has been restated in amended terms above for contracts made after 25th May 2016.
Where an invoice is sent by post or electronic transmission, it is deemed received in the normal course of post or in the normal course of that transmission service, unless the contrary is shown.
The right to interest on late payment continues to apply notwithstanding that the benefit of the payment may be assigned to a third party.
Implied Term for Interest:
It is an implied term of every commercial transaction that where the purchaser does not pay for
the goods or services by the above payment date as defined, the supplier is to be entitled to interest. This is “statutory late interest”. It is not necessary to serve a reminder of the amount due or outstanding under the contract or of the amount of interest.
The entitlement to late interest arises on the amount outstanding at the relevant date and ends on the date of payment. The right is available provided that the supplier is not in default.
Unless the contract provides otherwise, the statutory late sum is to be the amount of interest charged by the ECB as its main refinancing rate and so specified at the beginning of the half-yearly period (the preceding 1st January or 1st June), plus 8%. This is currently 8.25% ((0.25% +8) %; (June 2017). The reference rate is published periodically and applies for the period specified by law.
Additional Compensation for Late Payment:
It is implied term in commercial transactions that where statutory late payment interest becomes payable, the supplier is entitled without the necessity for a reminder, in addition to the statutory interest for late payment, to a fixed sum amount of compensation towards or for the relevant recovery costs incurred as a consequence of late payment. The supplier need not give evidence of having incurred any such costs or expenses.
The amount of fixed compensation is set under the regulations and may be varied. In respect of
– amounts less than €1000, it is €40;
– amounts of €1000 to €10,000, it is €70;
– amounts over €10,000, it is €100.
The supplier, in addition to the fixed sum referred to above, is entitled to obtain reasonable compensation for any recovery cost exceeding the fixed sum and incurred due to the purchaser’s late payment. This may include expenses incurred in instructing a lawyer or employing a debt collection agency.
References and Sources:
European Communities (Late Payment in Commercial Transactions) Regulations 2012, S.I.
No. 580 of 2012 [ European Communities (Late Payment in Commercial Transactions) (Amendment)
Regulations 2013, S.I. No. 74 of 2013
European Communities (Late Payment in Commercial Transactions) (Amendment)
Regulations 2014, S.I. No. 196 of 2014
European Communities (Late Payment in Commercial Transactions) (Amendment)
Regulations 2016, S.I. No. 281 o
Prompt Payment of Accounts Act 1997459
Prompt Payment of Accounts Act, 1997 (Commencement)
Order 1997, S.I. No. 239 of 1997
Prompt Payment of Accounts Act, 1997 (Rate of Interest
Penalty) Order 1997, S.I. No. 502 of 1997460
Prompt Payment of Accounts Act, 1997 (Rate of Interest
Penalty) (Amendment) Order 1999, S.I. No. 62 of 1999461 Prompt Payment of Accounts Act, 1997 (Amendment of
Schedule) Order 2000, S.I. No. 383 of 2000
Prompt Payment of Accounts Act, 1997 (Rate of Interest
Penalty) (Amendment) Order 2000, S.I. No. 392 of 2000462
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Terms and Conditions: Call Out Services
These terms and conditions govern the provision of call out services by O’Donnell Commercials.
By requesting a call out service, you agree to these terms.
- Call Out Charges
Base Rate: A base rate fee will apply to all call out services. This fee covers the initial deployment of our staff and resources.
Travel Time: Charges for the time spent by our staff traveling to and from the call out location will be applied. The rate for travel time will be per hour.
On-Site Service Time: Time spent by our staff at the call out location will be charged at per hour. This is separate from travel time and is billed from the time of arrival at the site.
Multiple Staff Members: If more than one staff member is required, each member’s time will be charged separately in accordance with the above rates.
- Mileage and Fuel Costs
Mileage: A mileage charge will be applied for all travel related to the call out. This will be calculated at per kilometer/mile.
Fuel Costs: The cost of diesel fuel for travel will be charged. This will be based on the current market rate for diesel fuel and the total distance traveled.
- Parts and Materials
Cost of Parts: In addition to the call out charges, the client will be liable for the cost of any new parts used and fixed to the vehicles during the call out. The cost will be itemized separately in the invoice.
Approval of Parts: Prior to the use of any significant or high-value parts, we will endeavor to seek the client’s approval. In cases where immediate action is required for safety or operational reasons, O’Donnell Commercials reserves the right to proceed without prior approval.
Quality of Parts: O’Donnell Commercials commits to using high-quality, reliable parts that are appropriate for the vehicle and the nature of the repair or service being performed.
Warranty on Parts: Any parts used will be subject to their respective manufacturer’s warranty. O’Donnell Commercials will provide information about the warranty upon request.
- Payment Terms
Payment terms will be 30 days from invoice, if an existing or recurring customer of O’Donnell Commercials. Late payments may incur additional charges. Check late payments policy above.
If not an existing customer of O’Donnell Commercials, payment is on site of call out service.
- Cancellation Policy
Cancellations must be made at least 24 hours in advance of any pre-arranged call out service booked. Late cancellations may be subject to a cancellation fee.
If a call out service is on a quick turnaround on any given date and for whatever reason needs to be cancelled, then you must give notice as soon as possible. If notice is not received (for whatever reason), then time, staff rates, mileage and fuel will be charged plus the initial call out service charge.
- Limitation of Liability
O’Donnell Commercials shall not be liable for any indirect or consequential losses arising out of or in connection with the services provided.
Our total liability for any direct loss or damage arising out of our negligence or breach of contract shall be limited to the total cost of the call out service.
- Governing Law
These terms and conditions shall be governed by and construed in accordance with both Irish or UK law, depending on which initial jurisdiction the call out service was ordered and to which the call out service may end up in. This applies to cross border work in both directions.
- Amendment of Terms
O’Donnell Commercials reserves the right to amend these terms and conditions at any time.