GENERAL
This page sets out the Terms & Conditions that govern the sale of item(s) and your interactions with www.tadhgfla.com (trading as Tadhg O’Flaherty – Author). The sale of items can include but is not limited to, through this website, over the telephone, through social media sites and any other means of sale.
ACCEPTANCE OF YOUR ORDER
By placing an order with us you are agreeing to purchasing the goods processed through our payment gateway(s), subject to our acceptance of purchase. You are entitled to withdraw your offer at any time up to the moment that we accept the sale offer.
For product sales, which are processed through our payment gateway(s), acceptance of the order will commence and a binding contract for the sale and purchase of the goods will come into existence, between you (the customer) and www.tadhgfla.com (trading as Tadhg O’Flaherty – Author), at the moment of payment which will trigger an automatic download of your order(s). For any order type that is outside the normal shopping cart/payment system employed on our website, acceptance of your order occurs, and a binding contract is formed, when we send an acknowledgment of the order.
Once this acceptance clause comes into effect, we agree to sell the ordered item(s) to you and you agree to purchase the goods within this order. We accept orders for any product by a customer of any age and from any location, except where a product description lists specific exceptions.
Restricted items can have exception based on the billing location, in the case that the particular product cannot legally be sold in your location, or by age, in the case that a books contents are deemed unsuitable for persons under the age of 18. By placing an order, where part or all of that order contains an age restricted item, you (the customer) are confirming that you are a minimum of 18 years old at the time the order is placed.
You (the customer) agrees to make all payments in full without deductions, counter-claims or withholding.
Goods ordered from us will be the eBook described in the product description, and will be in the specific format(s) listed on the description page, at the time the order is placed. Deviations can exist in product descriptions and/or specifications. In the case of a product description varying from the description on www.tadhgfla.com, the description and/or specifications on www.tadhgfla.com will prevail. We will not take responsibility for any minor variations to a products description and/or specifications and such minor variations will entitle you to rescind the contract of purchase, or become the subject of any financial or other claims against www.tadhgfla.com.
Payment for your order is necessary in order to proceed with the contract of sale. Such payments must include, the price of the goods plus any, taxes, charges. You may also be required to pay VAT on all orders. In any event, the total price to pay will be displayed on the shopping cart page when placing your order.
DECLINING YOUR ORDER
In the unlikely event that we decline your order, for any reason, we will make every attempt to contact you, usually by eMail, to inform you of the reason(s) why your order has been declined. As per the section above “Acceptance of Your Order” we will not accept an order until full payment has been made in respect of the goods, VAT, delivery and any other related charges or fees.
Your order may be declined, at the sole discretion of www.tadhgfla.com in the event that there has been a change in the price of goods, the offer itself, the availability of goods due to out of stock discrepancies between the stocking system and the payment gateway processing, the goods themselves have changed, either in the description, specifications or type, and/or you have been banned from purchasing from us.
Should an error occur on the checkout page, either from a conflict between our database and the plugin and/or between the plugin and the payment gateway(s), or any other form of error, that locks an incomplete order in the system, we reserve the right to decline your order. We will endeavor to make contact by eMail, to explain the reasons for declining and offer the customer the chance to either re-try the order through our website www.tadhgfla.com or to process the order manually.
If there is a delay between adding items to your cart and checking out the order, which results in a discrepancy between the price of goods listed in the checkout process and the cost of goods in stock, we reserve the right to decline your order. If payment has already been made in respect of such goods we will contact you, wherever possible, by eMail or telephone to offer a full refund and explain the reason(s) for declining the offer. In this case, we may also offer you (the customer) the option to continue with the order with respect to the corrected price if you give acceptance. This will also include a time-frame for which any offer price, which has been quoted to you, will remain valid for.
Should you be banned from purchasing from us we will inform you by eMail, as to the reason(s) for being banned. Banning a customer could result from, but not limited to, attempts of fraudulent purchase through our third-party payment gateway(s), defamation of www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) or any member of our staff, on any public forum, social media platform, traditional media outlets such as; newspaper, radio, television, or verbally in person. Other reasons for being banned from purchasing include, but are not limited to, attempting to extort funds, by means of refunds or any other extortion method, against www.tadhgfla.com (trading as Tadhg O’Flaherty – Author), through means of deception. Returning a product for refund, that has been deliberately tampered with, for the purposes of causing damage, will not be refunded and you (the customer) could face charges and penalties for the products return, or forfeit your right to ownership should a certain period of time elapse without making arrangements for the products return to you.
CANCELLING YOUR ORDER
Due to the nature of purchase, with your product being downloaded automatically upon successful payment, you (the customer) are not entitled to the 14 day cooling-off period described in Consumer Contracts Information, Cancellation and Additional Charges Regulation 2003. If you wish to avail of the 14 day cooling-off period you will be required to pay for the product and then waiting for 14 days before your download can be processed. If this is the case you will need to contact us directly in order to arrange such a ficility.
If you opt for a customized purchasing experience that will allow you to avail of a 14 day cooling-off period, any refund for order cancellation will be processed in the same means of payment that was used originally to place the order. Note that refunds can take up to 14 days to be processed from the point at which we receive notice of cancellation to the point at which the funds reach you.
If you cancel the order before the items are shipped you will receive a full refund, without penalty, in the same manner as your payment. Again, this can take up to 14 days for the refund to be processed. If you request a cancellation after the 14-day cooling-off period it will be up to the sole discretion of the CEO and Founder to decide if such cancellation will be granted.
In order to exercise your right to cancel an order, you (the customer) must inform us by eMail at the first opportunity, to arrange a customized purchasing experience and also to arrange cancellation within the 14-day cooling-off period. You must provide us with the order reference number and the names and quantities of item(s) in your order.
Should your order be successfully cancelled it will be removed from our internal system.
FAILURE TO RECEIVE GOODS
All orders are automatically downloaded upon successful payment. Each file download is tracked and recorded on our database(s) and linked to the customers record. Every attempt will be made to deliver the item(s) to you however, should your order fail to be delivered it may be returned to us as undelivered. Should it be determined that the error in delivery is on our side, you are entitled to a full refund of the purchase price of each download that fails to be delivered. If you order multiple items and only some of those items fail to be delivered, you are entitled to those files which failed only.
In certain circumstances, it may be necessary to deliver your order in installments. Should this be the case we will contact you by eMail to alert you of same.
Should any part of your order be missing, for any reason, it is your responsibility to contact us using the contact methods listed on www.tadhgfla.com, to alert us, no later than 14 days from the receipt of the order. Failure to alert us within 14 days of receipt of the order will forfeit your rights to appeal at a later date. We will endeavor, at our expense to deliver the missing items or offer a reasonable alternative.
INSPECTION ON DELIVERY
Upon receiving your order it is imperative that you immediately inspect the contents for any missing formats or corrupted files. While every effort is made to ensure your order will be virus free, it is possible at any time that files may become infected from attacks on our servers. Should anything within your order be damaged or faulty you should contact us no later than the end of business on the following day. In the case of delivery occurring on a Friday, the next end of business day will be the following Monday. Failure to do so will result in us assuming that the item(s) were successfully delivered intact and in good working order. Your statutory rights as a customer are not affected by this clause.
RISK AND INDEMNIFICATION
All eBooks sold by us will be fully tested to ensure all listed formats are included, that there are no corrupt files and heavily scanned for infection by virus.
The eBooks supplied by Tadhg O’Flaherty – Author are copyright of their respective authors with any attempt to infringe on these rights being pursued, on an international level, to immediately prosecute anyone attempting to disseminate this information outside the bounds of copyright law. All files sold by us include tracking code that will identify the origin of such files.
Information contained within our eBooks may include techniques or ideas that can cause financial loss, health risks or other loss to you (the customer). Tadhg O’Flaherty – Author will not be held responsible for anything that befalls the customer with the use or miss-use of any information contained within the eBooks we offer for sale.
www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) will not be held responsible for any damage or injuries caused due to the use or misuse of any information presented in our eBooks.
Should you be subject to financial loss due to the hacking of our third-party payment gateway(s), be aware that www.tadhgfla.com will not take any responsibility for your financial loss. Any such instances will need to be claimed through the said third-party gateway(s) and not through www.tadhgfla.com.
PRODUCT RETURNS
For any and all returns it is imperative that you (the customer) contact us first by eMail to briefly give the reason for said return. When contacting us about any damaged or corrupt files(s), we may request that you send screenshots of any error messages, by eMail, if you have facilities to do so.
We may require you to send us all files that were in the original order which contains the file(s) that you are returning. We also require the original Order Number and/or Invoice Reference Number.
When making a return ensure that your contact details are also included. Don’t assume that we automatically have access to your contact details.
All returns must be made without any undue delay and must reach us no later than 14 days after first making contact to arrange said return.
MISSING OR INCORRECT ITEMS
Upon delivery, the files must be checked, without undue delay, to ensure that what has been ordered is present and accounted for. In the unlikely event that you discover item(s) are missing from your order, please contact us by eMail immediately to let us know exactly what is missing or wrong with your order. When contacting us, include the order reference number so that we may quickly and efficiently process your request. The format(s) included with your order are fully listed on the product page or additional information / specification tab(s).
DELIVERY
Delivery is by download, which is automatically triggered upon successful payment and a direct download link sent by eMail, plus any ordered downloads being visible on the “My Account” page. While all products are generally available to all locations, some eBooks may be restricted for certain countries or locations due to legal reasons. Should your product be restricted it will be clearly stated on the product page.
Upon making a successful order you will also receive, by eMail, a receipt for your order. Should the download not occur immediately after payment, check your eMails (including Spam folder), as your eMailed receipt also includes a download link.
REFUNDS
The issuing of refunds will be governed by the Customer Contracts Information, Cancellation and Additional Charges Regulation 2003, in the case of cancelling an order within the 14-day cooling off period (in the exclusive case of a customized purchasing experience) and by this clause in relation to all other return types.
Refunds for cancelled items due to the 14-day cooling off period will include, but is not limited to the cost of the item(s) included in your order, excluding all non-corrupt items.
Refunds can only be processed after receipt of confirmed corrupted files by us. All items will be checked for damage or corruption and we reserve the right to deduct funds from any refund due, to cover the cost of non-corrupt items, up to a maximum of the total order value. Items infected by a virus is not covered.
If you return a damaged or faulty file, that is under warranty, we will first attempt to repair the item and return it to you, thus negating any refund in this case. If repairs are not possible we will replace the item, thus negating any refund in this case.
All refunds will be processed using the same method as initial payment. We are unable to deviate from this. In the event that you (the customer) is liable for any fees, penalties or charges which will be deducted from any refund due, we will contact you be eMail to alert you of same.
During a refund you will not be penalized for any bank charges incurred by us during the payment process or during the refund process. Such charges will be absorbed by www.tadhgfla.com. Once your item(s) are returned to us, and in our physical possession, we will process any refund due within 14 days of receipt of goods. Note that it can take a further 14 days for refunded monies to reach your account.
Once an item has been refunded we will rescind your Personal Use Rights for that item.
DISCLAIMER
Although every effort has been made to represent products in the most accurate manner possible, we make no representations or warranties as to the accuracy of this information. It is the primary responsibility of you (the customer) to make your own determination about the product(s), use of the product(s) and suitability of the product(s) prior to purchasing.
www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) will not take any liability of damage, injury, financial loss, or any other form of liability for the use or misuse of any item(s) sold by us. We will not be held liable for the information displayed on this website or to the interpretation of said information. Errors and omissions on this website will not constitute a means of liable.
You must be a minimum of 18 years old in order to purchase any age restricted eBook from www.tadhgfla.com. You (the customer) agree, at the time of purchasing, that you meet this requirement, when purchasing age restricted eBooks.
Title of item(s) will pass to you (the customer) upon delivery unless you have outstanding monies owing on said item(s). In this case, the tile of ownership will remain with www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) until such time as these outstanding charges are paid in full. Title and ownership of any eBooks purchased from us are covered by Personal Use Rights. You (the customer) are strictly forbidden from making and distributing copies of any eBooks sold by us. All files contain tracking code to alert us of unlawful use.
Should any monies owed, in respect of any order, we may, at a time of our choosing, take out a claim against you in the Republic of Ireland judicial system, for the purposes of retrieving such outstanding payments, which will incur additional costs as a result, which will be claimed from you (the customer). We may also, at any time of our choosing, employ the services of a repossession company in order to retrieve such monies as may be owed and/or the return of the item(s) as deemed necessary and in accordance with Irish law.
FORCE MAJEURE
www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) will not be held liable for any non-delivery or late delivery due to any event or act-of-God that is out of our reasonable control. This will also apply to descriptions of item(s) offered for sale and to the viability of the website itself. Should the apocalypse occur after placing an order, do not expect delivery of the order and do not expect a refund, instead just turn and run in the same direction as everyone else.
Force Majeure events can include, but are not limited to, war, terrorism, civil disturbance, blockage / blockade, company sabotage, industrial action(s), natural disaster, premises fire / flood, volcanic eruption, solar flare, zombie apocalypse, nuclear explosion, earthquake, tornado, drought, black hole consuming planet Earth (or any other planet within our Solar System), time travel events, or any other major or minor catastrophe that should prevent us from delivering the service offered. In the event that any of the above results in a shortfall of stock to fulfill all orders, we reserve the right, at our sole discretion to fulfill any orders we see fit.
LAW AND JURISDICTION
The Law and courts of the Republic of Ireland shall govern all activities of www.tadhgfla.com (trading as Tadhg O’Flaherty – Author) with any and all contracts of sale and/or disputes having exclusive jurisdiction within the legal system of the Republic of Ireland, to the fullest permitted by law.
www.tadhgfla.com will not be held liable for death or injury caused by the use or misuse of any item sold by us.
Should you (the customer) state in correspondence with us that you intend to take legal action, or threaten legal action against us we will immediately cease all direct communication with you, regardless of the issue, and await correspondence from your appointed legal representative. All subsequent processing of orders, refunds, collections, or any other business-related activity between you and us will also cease until said legal situation has been resolved in or out of a court of law.
WAIVERS
We may, at the sole discretion of the CEO and Founder, decide to waive any of our rights under these Terms & Conditions. Should we decide to waive one or more of our rights it does not constitute a continuance of such waiver(s) and does not constitute a precedent. We may also choose, at our sole discretion, to waive our rights with respect to one or more orders or customers without prejudice to age, location, race, gender or sexual orientation.
You (the customer) may ask us to waive any of our rights with respect to these Terms & Conditions with the choice to waiver being at the sole discretion of the CEO and Founder.
CHANGES TO TERMS & CONDITIONS
We may make changes to these Terms & Conditions, at our sole discretion and at any time of our choosing. If said changes are minor, and as such do not impact on the actual terms, such as correcting spelling errors or realigning the position of terms, you will not receive notice of said changes, in the event that you hold an account with us at the time the changes were made.
Should changes to these terms impact the overall structure of part, or all, of these terms, and you hold an account with us, we will notify you by eMail of said changes.
Any changes made to the terms will not impact any order you may have placed before said changes were made. In this case, the previous Terms & Conditions will apply to your order until such time as that order is fulfilled.
COMPETITIONS, PRIZES AND GIFTS
From time-to-time we may run competitions on social media sites or through our own website, for free, discounted or conditional prizes. In the event that a prize should be an age restricted eBook you must be 18 years old, or older, in order to enter said competition.
Competition items will only be dispatched to a valid eMail address in those zones where we ship. eMail addresses that originate in an area that is prohibited due to loacation restrictions will immediately nullify your entry in any competition. In the event of any prize that is over 25MB in size, you may be required to create an account with a third-party cloud hosting site in order to receive said prize.
The conditions which govern competition prizes, or discounted item(s) will be clearly stated on the individual competition page, page on our website, or other page directly related to the competition or discount. These conditions may include waiving any rights to return or refund.
Free gifts may be included in your order, at the sole discretion of the CEO and Founder, and are not protected under your rights to return or refund, given the nature of these items (being free gifts). Free gifts included in any order will not cause a waiver of your ordinary rights to return or refund of those item(s) within your order which you have paid for.
COUPONS
Coupon codes can be offered, which are only redeemable through the www.tadhgfla.com website. Conditions on coupon codes may apply such as, but not limited to, an expiration date, only redeemable for certain items, or for any other specific purpose. No refunds will be given on any coupon codes and should a coupon code be used for purchasing any item(s) less than the value of said coupon code, no change will be given or refunded to you (the customer).
Coupon codes may be withdrawn at any time, at our sole discretion.