IRISH LANDOWNER

Terms and Conditions for  Online Purchases

Website Terms and Conditions

Welcome to our website. These Terms and Conditions apply to the Domain name www.irishlandowner.ie (the website) and to any correspondence by email between us and you. Please read these Online Terms and Conditions carefully and our Retail Terms and Conditions and our Privacy Policy before using the website. Using the website indicates that you accept these Terms and Conditions and our Privacy Policy which you will find on www.irishlandowner.ie . If you do not accept these Terms and Conditions and our Privacy Policy  do not use the website.

By accessing any part of the Website you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full you must leave the website immediately. IRISH LANDOWNER reserves the right to amend these terms and conditions at any time.

Disclaimer

The company endeavors to ensure that the information on the website is correct and does not warrant the accuracy and completeness of the material on the website. The company can make changes to the material on the website or to the product and prices described in it at any time without notice.

Exclusion of Liability

The company and any other party whether or not involved in creating producing maintaining or delivering the website , directors, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation any direct indirect punitive or consequential loss or damages, or any loss of income, profits goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interruption , and whether in tort including without limitation negligence , contract or otherwise in connection with the website in any way or in connection with the use inability to use or the results of use of the website , any websites linked to or from the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment software, data, or other property on account of your access to , use of , or browsing the website or your downloading of any material from the website or any websites linked to the website. Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for any liability which cannot be excluded or limited under Irish Law.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Irish Law. Disputes arising in connection with these Terms and Conditions shall be subject to the jurisdiction of the Irish Courts

Online Purchases

This document ( together with the documents referred to in it) sets out the Terms and Conditions on which you may purchase an IRISH LANDOWNER piece of Land and receive an IRISH LANDOWNER Certificate. The Certificate is the ‘Product’.  Please read these Terms and Conditions carefully and make sure that you understand them before buying or ordering a product from our website. You should understand that by buying or ordering a product you agree to be bound by these Terms and Conditions and our Privacy Policy.

The terms ‘we’, ‘us’, and ‘our’ means Sparks & Sons Landowner Ltd, business name is Irish Landowner registered in Ireland under Company Number 533734. ‘You’ means the person using the website and placing an order. Working days means all days other than Saturday, Sunday, and Public Holidays in Ireland.

IRISH LANDOWNER Gift Card and IRISH LANDOWNER Digital Certificate

The IRISH LANDOWNER Gift Card and IRISH LANDOWNER Digital Certificate  cannot be exchanged for cash or replaced when stolen. IRISH LANDOWNER will not be liable for lost, stolen or damaged Gift Cards and Certificates. Instructions how to use your IRISH LANDOWNER Gift Card are at the back of the gift card. IRISH LANDOWNER reserves the right to amend these terms and conditions at any time.

Purchasing A Digital Certificate

When you purchase an Irish Landowner Certificate for $1 or $10 on www.irishlandowner.ie  you will receive an automatic email once your Paypal payment has been cleared. The email will contain your Digital Irish Landowner Certificate which you can download and print off. There are No shipping costs.

Register your Plot Number for Digital Certificates Only

When you purchase your Digital Certificate you will receive an automatic email which contains your Certificate  which you can download and print off. Irish Landowner automatically receives your name and Plot number after your purchase which will remain registered on our data base.

The Company IRISH LANDOWNER will hold the Plot Number for the Certificate Owner from March 2014 by way of a 100 year lease and as per these Terms and Conditions. The benefit of this structure is that responsibility for the land remains with IRISH LANDOWNER and not the Owner of the Plot Number. We accept no responsibility or liability for any injury ,damage or loss arising out of your use of the land or the Plot Number or in connection with your visiting the land at the foothills of Muckish Montain. Moyra Glebe, Falcarragh, County, Donegal. You will have no right to use the land for any purpose what so ever. Whereas each IRISH LANDOWNER Certificate has a specific Plot Number, the Plots will not be demarcated on the ground. No liability for the land attach to the owner of the Plot Number, all liability for the land attaches to IRISH LANDOWNER.

Register your Plot Number – For Gift Cards and Boxed Certificates Only

To complete Ownership of your Plot Number the IRISH LANDOWNER Certificate Owner must go to www.irishlandowner.ie . Here you will submit your name, address, email address, phone number and Plot Number which is located at the bottom of the IRISH LANDOWNER Certificate. You will then receive an email stating you have successfully registered your plot  number. We will register your details in our database. All your data information is completely secure, Read our Privacy Policy on www.irishlandowner.ie  If the Certificate Owner does not complete their registration online the Company will not be in a position to hold the Plot Number for the Certificate Owner . The Company IRISH LANDOWNER will hold the Plot Number for the Certificate Owner who has registered their details and Plot Number on www.irishlandowner.ie from March 2014 by way of a 100 year lease and as per these Terms and Conditions. The benefit of this structure is that responsibility for the land remains with IRISH LANDOWNER and not the Owner of the Plot Number. We accept no responsibility or liability for any injury ,damage or loss arising out of your use of the land or the Plot Number or in connection with your visiting the land at the foothills of Muckish Montain. Moyra Glebe, Falcarragh, County, Donegal. You will have no right to use the land for any purpose what so ever. Whereas each IRISH LANDOWNER Certificate has a specific Plot Number, the Plots will not be demarcated on the ground. No liability for the land attach to the owner of the Plot Number, all liability for the land attaches to IRISH LANDOWNER.

Your Status

By placing an order through our website you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

How the Contract is formed between You and Us.

After completing an electronic order form you will receive an email from us acknowledging that we have received your order. Please note that this does not mean your order has been accepted. The contract between us (the ‘contract’) will be formed when your credit card has been successfully charged by us.

Ordering Gift Cards and Boxed Certificates

Orders will only be dispatched when your credit card has been successfully charged by us/we have received payment and when the T/C box is ticked. We will not be liable if there is a delay in your payment being authorised by your card service provider and we cannot accept your order if your payment is not authorised.

After you have placed your order :

• We will send you an email to confirm your order
• We do not have to accept your order and will not accept your order if your payment is not authorised
• We reserve the right to refuse an order

Availability and Delivery For Gift Cards and Boxed Certificates

We will use our best endeavours to fulfil your order within 30 days of receiving authorisation from your payment card issuer unless there are circumstances beyond our control. We accept no liability for damage to any products or any delay in delivering products arising as a result of the actions of a third party or by virtue of local conditions save that if we receive notice of non delivery or damage in transit from you within 42 days of the date of the product being dispatched. We will refund you the amount paid for the products. This shall be your sole remedy in these circumstances.

No Change in shipping address may be made after the product has been dispatched to you.

Risk and Title

The Product will be yours and will become your responsibility from the time of delivery to you assuming that payment has been made in full for the product(s) and any applicable delivery charges. If payment has not been made in full or if payment is withdrawn (for whatever reason) title in the Products remains in our name until such payment is made in full.

Pricing and Payment

The price of the Product (s) and our delivery charges will be as quoted on our website except in cases of obvious error, however we can amend the price of the product  at any time without any notice.

Shipping costs for Gift Cards and Boxed Certificates only  will be added to the total price of the order and also displayed before you check out. There are no shipping costs for digital certificates.

Product prices and shipping charges are liable to change from time to time but changes will not affect orders that we have already received before the change. Payment of all Product(s) must be by PayPal, or credit/debit card, where applicable.

Refund Policy

If you wish to return this product, you must notify us of your decision to return the product by email to info@irishlandowner .ie within 7 days of receiving the product. The product must be returned in it’s original condition including immediate packaging within 21 days of the date you notified us. We will examine the returned product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as quickly as possible usually within 30 days of the day we confirmed to you by email that you were entitled to a refund. We will refund the price of a defective product in full including any applicable delivery charges incurred in delivering the product to you. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Our Returns Policy does not affect your statutory rights.

Data Protection

Please read our Privacy Policy on www.irishlandowner.ie

Our Liability

In all circumstances the maximum amount of our liability to you will be  the purchase price of the product.

We shall not be liable for any  losses  that fall into the following categories.

• Loss of income or revenue
• Loss of business
• Loss of profits
• We take no responsibility for any loss or damage suffered as a result of our ‘on line order’ service or  products supplied using it, except as required by law.

Local Laws

If you order product(s)  from our site for delivery outside Ireland they may be subject to local laws ,import duties or other taxes or obligations which are levied when the delivery reaches the specified destination. Please note that we have no knowledge or control over these arrangements.

Note that you must comply with all applicable laws and regulations of the country  for which the products are destined. We will not be liable for any  breach by you  of any such laws.

Written Communication

When using our site you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information  by posting notices on our site. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts , notices ,information, and other communications that we provide to you  electronically comply with any legal requirement that such communications be in writing.

Notice

All notices given by you to us must be given to  us  at [email protected]. We may give notice to you at the email address you provide  to us when placing an order.  Notice will be deemed received and properly served  when posted on our website  or 24 hours after an email is sent. In providing the service of any notice it will be sufficient to prove  in the case of an email , that such email was sent  to the specified email address  of the addressee.

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:

• Civil Commotion, riot, invasion, terrorist attack, or threat of terrorist attack , war (whether declared or not)  or threat or preparation foe 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.
• The acts , decrees, legislation, regulations or restrictions, of any government
• And Pandemic or epidemic.

Our performance under any contract is deemed to be suspended  for the period that the Force Majeure Event continues and we will have an extension of time for performance for duration of that period.  We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which  our obligations under the contract  may be performed despite the Force Majeure Event.

Severability

If any court or competent authority decides that any of the provisions of these Terms and Conditions  or any provisions of a contract  are invalid, unlawful or unenforceable to any extent the term will, be severed from the remaining terms , which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement  between us  and supersede all previous discussions , correspondence, negotiations, previous arrangement, understanding or agreement between us  relating to the subject matter of any contract.

We each acknowledge that in entering into a contract neither of us relies on or will have any remedies in respect of  any representation or warranty  whether made innocently or negligently that is not set out in these Terms and Conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement whether made innocently or negligently  will be for breach of contract.  Nothing in this clause limits or excludes any liability for fraud.

Reservation of Rights

The company IRISH LANDOWNER owns the lands at Moyra Glebe, Falcarragh County Donegal on foot of a 100 year lease which permits either party to the lease to terminate the lease. The company IRISH LANDOWNER reserves the right to exercise this termination clause entirely at its sole discretion and without consultation with the consequence that all ownership and rights will come to an end without liability. IRISH LANDOWNER  reserve the right to regulate and control all of the lands owned by IRISH LANDOWNER at Moyra Glebe, Falcarragh County Donegal entirely at our sole discretion and without consultation. These clauses serve to protect the Company and Owners of Plot Numbers in the event of a change in  legislation or in the event that onerous unforeseen obligations are placed on the Company or on the Owners of the Plot Numbers. We reserve the right to terminate our website  with immediate effect at any time, for example if there is a change in the law that limits our ability to provide our website and/or an event beyond our control  stops providing our website i.e. a technical  fault.

Law and Jurisdiction

All matters will be governed by Irish Law and  will be subject to the  jurisdiction of the courts of Ireland.

Privacy

Maintaining your privacy is extremely important to us at Irish Landowner. We process your online orders and payments confidentially and securely on our secure servers. We never receive credit card details, all your personal and financial details are captured and used solely by Paypal. For all other payment formats, no one outside of Irish Landowner will be provided with your financial details. Privacy Policy on www.irishlandowner.ie

Security Message

Irish Landowner operates within a strict security environment. We store no credit card details at any time – they are transmitted by secure messaging directly to our payment processor (PayPal) and once the card is debited  we have no further record.