Terms and Conditions

If you buy with us in store or shop online, these terms and conditions give you all the information you need. The formal stuff: Foy and Company is registered at Main Street, Ballybofey, Co. Donegal, Ireland and company number 136700. Our VAT number is 4838307K.

These general terms and conditions and the policies may change from time to time so please check these before making any purchase.

If you have any questions about these terms and conditions or the policies please contact us at Foy and Company, Main Street, Ballybofey, Co. Donegal, Ireland, F93C6WT, via telephone at +353 (0) 74 91 34444 or e-mail info@foys.ie

* Note that if you contact us by post, international postage charges may apply

**Standard national tariff applies (often free if national rate numbers are part of your phone provider package)

These terms and conditions are specific when using our website and shopping with us online.

Information on our website We try our best to make sure that all information on our website, including descriptions of our products and listed prices are accurate at all times. However, if we do make a mistake we’ll try to resolve it as soon as possible, and if we spot that an error has affected your order we’ll do our best to let you know.

When browsing our website the colours of products may vary depending on a few factors such as your display settings.

Pictures and images on our website are for illustration purposes only. For an accurate description of any product and details of what is included with the product, please read the product description.

We will do our best to check our website for viruses but we do not warrant that the website is free of viruses or other malicious content.

Product availability

All products are subject to availability and so we may not be able to supply your order.

In unforeseen circumstances and with or without notice we may have to stop selling products through Foy and Company shop online either temporarily or permanently.

We will not be liable for any losses you sustain as a result of updating or modifying our website.

Security

Please make sure that your login details, password and all your other account details remain confidential at all times. If you know or suspect that the security of your account is at risk, you should contact us immediately or reset your password.

Eligibility to order products

You can only purchase from Foy and Company Online Store if you are aged 18 or over and are a resident of the Republic of Ireland or Northern Ireland. You will need an active email address and a telephone number so that we can easily contact you. All products sold through Foy and Company Online Store are intended for domestic use only: products are not suitable for commercial or industrial use unless expressly stated.

Placing your order counts as an offer to purchase goods from us.

After placing your order, you will receive an Order Acknowledgement email. This contains details of the products you have ordered, the total cost of the order (including delivery) and an order number. When your order has been despatched you will receive an email, with a tracking number where applicable.

Order acceptance

Acceptance of your order will take place when we despatch the product(s) to you. Until we despatch the product(s), no contract will have been formed between us.

Although we hope to be able to supply all products ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time. If we refuse your order we will let you know as soon as reasonably possible.

Payment

You can pay with all major credit, debit cards, Foy and Company Gift Card, and PayPal.

We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.

Pricing

Unless otherwise stated all prices shown at Foy and Company Shop Online are inclusive of VAT and other applicable taxes. The product prices shown do not include the delivery fee, which will be added to your total order price.

Online

Not all promotions that are offered by Foy and Company Shop Online will be available in-store, and vice versa. We reserve the right to adjust prices, products and special offers at our discretion.

Pricing errors

If we discover an error in our pricing we will inform you as soon as possible and you will then be given the option of cancelling or re-confirming your order at the correct price.

If for any reason we are unable to contact you using the contact details you have provided we will treat the order as cancelled and notify you by email.

Any cancelled orders will be refunded within 14 days of notice of the cancellation.

About these terms

We sub-contract our Delivery Service to trusted transport service providers, however we’ll always remain responsible for the performance of the Delivery Service.

Online delivery dates

For parcel deliveries you will automatically be allocated the earliest delivery date possible when placing your order. For all other deliveries you will be given the option to select a delivery date when placing your order.

Foy and Company Shop Online larger items, for example, sofas and bedroom suites, are made to order, where stated. Despatch time could be up to 10 weeks for the made to order items.

We will try our best to meet the delivery date, however there may be times where we are unable to do this and your confirmed delivery date will be different. We would advise you not to make any plans to accept your delivery, for example booking time off from work, until we have confirmed the date with you. If you will not be available, please request a different delivery date as soon as possible and no later than 48 hours before the planned delivery date by speaking to Foy and Company Customer Care: contact us.

Changing the date of delivery

If you would like to change your delivery time or date, please contact Foy and Company Customer Care who will advise if this is possible: contact us.

Our liability

In the event of any unforeseen circumstances (such as lorry breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery timeslot or date. We will not be responsible for any losses (including loss of revenue, profits, anticipated savings, goodwill or business opportunity, or for any injury to your reputation) incurred due to a delay in delivery arising out of any cause beyond our control.

Delivery restrictions

Before the delivery, please ensure that there is sufficient access and space and that any staircases and lifts providing access are suitable for the delivery.

Please move fragile objects which could be damaged during the delivery, such as lights, vases, and pictures. Every effort will be made to deliver the products to your room of choice, provided it is safe and practical to do so. However, if our delivery staff believe it is unsafe to deliver the products to this room, then an alternative room will be agreed with you where possible.

If our delivery staff consider that delivery to the room of your choice is likely to cause damage to the products or to the property, they will let you know and record the concern on a delivery document. You can still accept the delivery but we will not be liable for any damage caused to the products or the property. However our delivery staff will take reasonable care when delivering the products.

Our delivery staff are not permitted to and will not: remove doors, windows, doorframes etc in order to complete the delivery. You must arrange this before the delivery takes place. Our delivery staff do not carry any specialised lifting. Our delivery staff will not remove their footwear whilst making deliveries. If you are concerned about possible damage to flooring, please make sure you cover the flooring with protective sheets.

For items that aren’t furniture, transport of product and delivery will be made by GLS courier. GLS will not remove packaging, so please inspect the parcel thoroughly before signing for receipt of delivery.

Important information

When you arrange your delivery, we will ask you to provide certain information. This information will be recorded on the delivery document and the delivery will take place at the delivery address you specify. If you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the delivery by giving you written notice.

You are responsible for ensuring that you are available to accept delivery. If you are not, there must be an adult available who is capable of receiving delivery on your behalf, and you agree that we can rely on their instructions as if they were your own. Our delivery staff are not permitted to leave any products that have not been signed for.

On delivery, you will be asked to examine the products, check the condition of the packaging and whether the correct number of packages have been delivered and be asked to sign the delivery document confirming this. If there are any issues, you should record this on the delivery document.

Missing products will be re-ordered and damaged/incorrect products will be returned and replaced and delivered free of charge. This will not affect your legal right to notify us within a reasonable time at a later date if you find a defect in your products. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.

Damaged items

If items within packaging are faulty or damaged, please notify the delivery driver who will seek to resolve this. If you notice any damage to items following delivery, please notify the Foy and Company Customer Care as soon as possible after delivery. Please keep any damaged products so that we can inspect it at a later date. If you dispose of any damaged products before we have had the opportunity to inspect them, then this could affect any claim. We will always attempt to replace any damaged products. However if we are unable to do so we will refund you with the full amount you have paid for the products together with any relevant delivery charges. Nothing in these terms affect your statutory rights.

Returns

You can return new and unused product(s) within 14 days of making your purchase. We will give you a refund by the same method as your original payment for product(s) that are returned with proof of purchase in new and unused condition and, where applicable, the packaging. You can return any product, as long as it’s in re-saleable condition. Unless faulty, we may refuse the return or offer an exchange or gift card only if the returns criteria are not fully met.

We will refund the price you paid for the goods and credit the refund you are due to the credit, debit, PayPal or gift card that you made payment with. However, please note that we may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

NOTE *Custom made and specially ordered goods are not eligible for return or cancellation.

Cancellation or return of orders made online or via e-mail

Once you have placed your order you can cancel up until 14 days after the delivery date and we will provide a full refund.

How to cancel

If you would like to cancel your order, you just need to let us know that you have decided to cancel. To do this you can call us on +353 (0) 74 91 34444 with your Order Acknowledgement email to hand. Alternatively you can notify us online through email, or by our live chat function, or by post to our Foy and Company Customer Care. Note that, international postal charges may apply. You can do this either in writing or by using our cancel my order email form. Please include your order number and clearly specify which product(s) you wish to return.

Returning your items

If you have already received your order, it needs to be returned to Foy and Company in full and in resalable condition before the refund is made. We also ask that you return the packaging where applicable. You can arrange collection of cancelled online orders by contacting us. Please have your order number and delivery receipt to hand. We will then arrange for a collection. You can also return product(s) to any Foy and Company store. You will need to take a copy of your Order Acknowledgment email, delivery receipt and the payment card with which you paid for the product(s).

For all online purchases returned after 14 days you are responsible for the cost of returning the product(s) unless the product is faulty or not as described, in which case we will refund any reasonable costs you incur in returning it to us.

If you are returning your product(s) because they are faulty or incorrect, no collection fee will be charged. We will make any refund due to you as soon as possible and within the following timelines:

  • If you have received the product(s) and we have agreed not to collect them from you, 14 days after the day on which we receive the product(s) back from you (or if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us; or
  • If you have not received the product(s) or you have received them and we have agreed to collect them from you, 14 days after you inform us of your decision to cancel the contract.

You agree to take reasonable care of the product(s) from the time that they are delivered to you until the time that they are returned.

Collection of items

Collection of the product(s) will only take place from the delivery address to which they were delivered and will be subject to the following:

  • You agree to provide Foy and Company Shop Online with as much detail as possible of relevant features of the delivery address (which floor the items are to be collected from, whether there are any narrow doors etc) in order to help our representative prepare for the collection;
  • You agree to ensure that there is suitable access to the chosen collection location;
  • If our representative reasonably considers that collection from the room of your choice is likely to cause damage to the product or to your property, they will inform you and record this concern on the collection document. You may instruct our representative to collect the product in spite of such concern but we will not be liable for any damage caused to your property or to the product as a consequence of us attempting collection on your instructions (provided that reasonable care is taken in collecting the product);
  • You agree to give our representative all products which are being returned, including all component parts of such products and all related items or accessories (and if possible the original packaging) which are included in the price of the products being returned;
  • A collection document must be signed by you to confirm that the collection has taken place. The collection document will be provided by the representative who comes to collect your products;
  • If you are not personally available to accept collection of the products you may appoint a representative to do so on your behalf. The representative must be an adult capable of supervising collection on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own.

Our liability

Our entire liability to you under these general terms and conditions and returns policy shall not exceed the price paid for the goods you have purchased through Foy and Company, provided that we take reasonable care when we deliver the goods to you. We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your purchase is made or your order is accepted.

Despite the limitations in paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.

Where you buy as a consumer, these general terms and conditions and the returns policy will not affect your rights under law which cannot be otherwise excluded. For more information contact your local Citizens Information Centre.

General terms relating to our relationship with you If you would like more information about Foy and Company, or want to get in touch with us, please contact us or contact Foy and Company Customer Care on +353 (0) 74 9134444.

Waiver

If you breach these terms and conditions or the returns policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions or returns policy.

Privacy

For the purposes of the Data Protection Acts 1988 and 2003 and any future amendments or subsequent legislation, Foy and Company Limited is the “Data Controller”.

Disputes

In the event you have a complaint regarding a product or service purchased from Foy and Company, please contact us at info@foys.ie.

In the unlikely event that our Customer Service team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may refer your complaint to the Competition and Consumer Protection Commission which maintains a list of Alternative Dispute Resolution (ADR) entities. We will engage in this process in good faith with you as required. Alternatively, if your complaint is regarding products or services purchased from foys.ie and you are not satisfied with the resolution we have provided, the EU Online Dispute Resolution platform is available at http://ec.europa.eu/consumers/odr/.

Please note that, following submission of your complaint on the EU platform, you will be directed to a listed ADR entity.

Governing Law

These terms are governed by Irish law and you and we both agree to submit to the exclusive jurisdiction of the Irish courts. Nothing in these terms affects your statutory rights. To find out more information contact your local Citizens Information Centre (http://centres.citizensinformation.ie/).