Important
These Terms are designed to comply with Irish law and EU consumer protection rules. They apply to sales made in-store, by phone/email, and online. Nothing in these Terms affects your statutory rights. If you are buying as a business (B2B), the “Business and Trade Customers” clauses also apply.
1) Definitions
“We/Us/Our” means O’Donovan Agri Env (Company No. 325426), situated at Unit 18,
Ballincollig Commercial Park, Link Rd, Carrigrohane,bBallincollig, Co. Cork, P31 K258.
“You/Your” means the customer (consumer or business).
“Goods” means machinery, equipment, parts, accessories, consumables, and any digital content supplied by us.
“Services” means workshop services, installation, repair, maintenance, and call-outs.
“Distance contract” means an order concluded without face-to-face contact (e.g., online/telephone/email).
2) Scope
These Terms apply to all quotations, orders, sales, and services provided by us. Any other terms are excluded unless expressly agreed in writing by a director of O’Donovan Agri.
3) Orders & Contract Formation
3.1. Your order is an offer to buy; a binding contract forms when we accept your order (e.g., by confirmation, invoice, or delivery).
3.2. We may decline an order (e.g., stock errors, pricing errors, credit checks, safety or regulatory reasons).
3.3. For bespoke or special orders, we may require a non-refundable deposit. Such orders are non-returnable unless faulty or not as described.
4) Prices, Taxes & Quotations
4.1. Prices are shown inclusive of VAT for consumer-facing listings unless stated otherwise. B2B quotations may be exclusive of VAT.
4.2. Quotations are valid for 30 days unless stated otherwise.
4.3. We may correct obvious pricing or description errors; you may cancel without charge if you do not accept the correction.
4.4. Additional charges (e.g., delivery, installation, call-out, or environmental fees) will be disclosed before you pay where reasonably practicable.
5) Payment
5.1. Accepted payment methods are those shown at checkout or on your invoice.
5.2. Title remains with us until payment is received in full (see Clause 9).
5.3. Distance orders must be paid in full prior to dispatch unless otherwise agreed.
6) Delivery, Risk & Inspection
6.1. We deliver to the address you provide or make goods available for collection. Delivery times are estimates.
6.2. Risk passes to consumers when they or a nominated person physically receive the goods. For business and trade customers, risk passes upon collection or handover to the carrier.
6.3. You must inspect goods on receipt and notify us of any damage or shortages within 48 hours. Supporting photographs and delivery note details may be required.
7) Services & Installation
7.1. If we install or repair goods, you must provide safe access, accurate information, and required utilities or permissions.
7.2. We may refuse service if conditions are unsafe or non-compliant.
7.3. Any quoted service dates are estimates; we will act reasonably to meet them.
8) Consumer Rights (On-Premises vs Distance Sales)
8.1 In-Store (On-Premises) Purchases
- There is no legal right to return or request a refund for goods that are not faulty and were correctly supplied, including where excess quantities were purchased or the incorrect product was chosen.
- At our discretion, we may offer an exchange, store credit, or refund for unopened standard stock items returned within 7 days of purchase, provided goods are unused and in resaleable condition with original packaging. In the case of a refund, a 15% restocking fee may apply.
- Returns must be pre-authorised by using the contact use page on www.odonovanagri.com
- This goodwill policy does not apply to special orders, electrical/electronic parts, PPE, fluids, or hazardous goods.
8.2 Distance (Online, Telephone, or Email) Orders
- If you are a consumer, you have a 14-day right to cancel your order starting from the day after delivery.
- You then have a further 14 days to return the goods.
- Goods must be unused, in resaleable condition, and include all original packaging.
- Unless faulty, the cost of return shipping is the customer’s responsibility.
- Refunds will be issued within 14 days of receiving the goods or proof of return (whichever is earlier).
- This cancellation right does not apply to trade/B2B sales.
8.3 Faulty or Not-as-Described Goods
- If a product develops a fault or was not as described, we will arrange repair, replacement, or refund as required under Irish consumer law.
- Remedies under the Consumer Rights Act 2022 include repair or replacement within a reasonable time, or a price reduction/refund if repair or replacement is not possible.
- Faults identified within 12 months of delivery are presumed to have existed at delivery unless proven otherwise.
9) Title & Retention of Ownership
9.1. Title passes only when we have received full cleared payment.
9.2. Until then, goods must be stored separately, clearly marked as our property, and not used or resold without consent.
9.3. We may repossess goods if payment is overdue or insolvency occurs.
9.4. For trade customers, resale before payment is made is done as principal, and proceeds are held on trust for us.
10) Business & Trade Customers (B2B)
10.1. Returns of non-faulty standard stock items are at our discretion within 30 days of delivery, subject to goods being unused, in original packaging, and resaleable.
10.2. A 15% restocking fee applies to authorised trade returns, and return freight is payable by the buyer.
10.3. Special orders, electronics, fluids, PPE, and hazardous goods are non-returnable unless faulty.
10.4. Faulty items will be assessed under manufacturer warranty; liability is limited to repair, replacement, or credit at our option. Consequential loss is excluded to the extent permitted by law.
11) Warranties
11.1. We pass through manufacturer warranties where provided. Please retain proof of purchase.
11.2. Warranties do not cover wear and tear, misuse, neglect, unauthorised modification, or improper maintenance.
11.3. Software, firmware, or connectivity services are not guaranteed unless expressly stated.
12) Liability
12.1. Nothing limits or excludes liability for death or personal injury, fraud, or anything that cannot legally be limited.
12.2. For consumers, we are liable for foreseeable loss caused by our breach or negligence.
12.3. For business customers, our total liability will not exceed the price paid for the goods or services in question, and we exclude liability for loss of profit, business, or indirect/consequential loss to the extent permitted by law.
13) Credit Terms & Late Payment (B2B)
13.1. Approved trade accounts are payable 30 days EOM unless stated otherwise.
13.2. We may suspend supply for overdue accounts.
13.3. Statutory late payment interest and recovery costs may be applied in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012.
14) Safety, Compliance & Suitability
14.1. Goods conform to applicable safety standards and declarations of conformity provided by the manufacturer.
14.2. You are responsible for ensuring goods are suitable for your intended use and for compliance with any relevant laws.
14.3. Product specifications may change; such changes will not materially reduce performance without your consent.
15) Data Protection
15.1. Personal data is processed in accordance with the EU GDPR and Data Protection Act 2018 (Ireland).
15.2. Data may be shared with delivery partners, payment providers, and manufacturers solely to fulfil your order. See our Privacy Policy for full details.
16) Complaints & Dispute Resolution
16.1. For complaints, please contact nico@odonovanagri.ie or call 021 487 3020. We aim to resolve issues promptly.
16.2. If you purchased online, you may use the EU Online Dispute Resolution platform (ec.europa.eu/odr). This does not affect your right to pursue court proceedings.
17) Force Majeure
We are not liable for delays or failure due to events beyond our reasonable control (e.g., extreme weather, strikes, transport disruption, or supplier issues). We will act reasonably to minimise impact.
18) Changes to These Terms
We may update these Terms to reflect changes in law or business practices. The version in force at the time of your order applies to that purchase.
19) Governing Law & Jurisdiction
These Terms and any related non-contractual obligations are governed by Irish law. The courts of Ireland have jurisdiction. Consumers resident in the EU may also benefit from mandatory local consumer protections.
20) Contact
O’Donovan Agri
Unit 18,
Ballincollig Commercial Park,
Link Rd,
Carrigrohane,
Ballincollig,
Co. Cork,
P31 K258
Contact details available on website: www.odonovanagri.ie