Folens.ie Terms of Use

By using this website you are deemed to have read and agreed to the following Terms and Conditions:

The following terminology applies to these Terms and Conditions, Cookies Policy and Disclaimer Notice, and any or all Agreements: "Client", “You” and “Your”, refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. "the Company", “Ourselves”, “We” and "Us", refers to Folens Publishing and its subsidiaries. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

These Terms and Conditions cover the folens.ie website and other websites operated under Folens Publishers.

Disclaimer

Exclusions and Limitations The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or Electronic Fund Transfer are all acceptable methods of payment, unless stated otherwise. Our Terms are payment in full within thirty days, unless stated otherwise. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 8% per annum, calculated at a daily rate of 0.022% on the outstanding balance until such time as the balance is paid in full and final settlement. Interest is based on the ECB rate of 1% plus the margin of 7%. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through any other means which we consider appropriate. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Title of Goods

Title to the Goods shall not pass to the Customer until Folens has received payment in full (in cash or cleared funds) for: (a) the Goods; and (b) any other goods that Folens has supplied to the Customer in respect of which payment has become due. Until title to the Goods has passed to the Customer, the Customer shall: (a) hold the Goods on a fiduciary basis as bailee only; (b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Folens property; and (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery. Shortages must be reported within 24 hours.

Returns Policy Goods are only accepted back under the following conditions:

(a) We receive prior written notice.

(b) Such returns are not in excess of 4% of your purchases.

(c) Invoices are available as proof of purchase.

(d) The goods are in resalable condition (unmarked, etc.).

We accept no liability for any returns sent to us without prior acceptance. We reserve the right to accept or reject any request and in the event of acceptance, we will credit your account with an amount equal to the purchase invoice.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the Services featured on this website are only available within the Republic of Ireland, or in relation to postings from the Republic of Ireland. All advertising is intended solely for the Irish market. Use of the Company's website, its information, software available or facilities and services offered may be restricted by local laws or regulations in some jurisdictions. This website and its information is not intended for such prohibited use or distribution in such jurisdictions. Use of the website is restricted to those individuals over 16 years of age or those under 16 who possess legal, parental or guardian consent, and are fully able and competent to enter into these terms, conditions, affirmations, representations and warranties herein. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Interactive web content on this Company’s website may use cookies in order to enable us to retrieve user details for each visit. Cookies may be used in certain areas of our site to enable the functionality of those areas and to enable ease of use for those people visiting the site. Some of our affiliate partners may also use cookies.

No Spam

We do not tolerate spam (unsolicited commercial communications). Please set your notification preferences so we can communicate to you as you prefer. You may not add other users of our site to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. To report spam from other users of our online services, please contact info@folens.ie.

Links from this website

We do not monitor or review the content of other Party’s websites which are linked to or from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a trademark of the Company in the Republic of Ireland and other countries.

Communication

We have several different email addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website.

Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Ireland govern these Terms and Conditions. By accessing this website (and using our services/buying our products) you consent to these Terms and Conditions and to the exclusive jurisdiction of the Irish Courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read these Terms and Conditions on a regular basis. These Terms and Conditions form part of the Agreement between the Client and Ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory rights are unaffected. These terms were last updated on 30th June 2019.