Terms of service

OVERVIEW
This website is operated by Thomas Ferguson & Co Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Thomas Ferguson & Co Ltd. Thomas Ferguson & Co Ltd offers this website (fergusonsirishlinen.com), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thomas Ferguson & Co Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Thomas Ferguson & Co Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@fergusonsirishlinen.com.

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Business to Business & Credit Terms and Conditions

1. This contract contains the entire bargain between you "the customer" & us “THOMAS FERGUSON & COMPANY, LIMITED,  Also trading as John England Irish Linen, Company number R0000713” and in the case of any inconsistency between these terms and the terms of any other contract documents sent by you to us (whatever their respective dates) in respect to the goods, these terms shall prevail. These conditions shall apply except as may be expressly agreed by us in writing. Any concession or waiver made by us at any time shall not prejudice the exercise of our rights hereunder.

2. We warrant that, save as otherwise herein specifically provided, the goods will accord with our contract specification and will be of sound materials and workmanship. Reasonable variations in thread counts, strength, weight, width, shrinkage, shade, colour fastness and fluidity shall be allowed. Unless stated on the contract, we shall be deemed not to be aware of any special, or particular, purpose for which the goods or any product made therefrom is required. If any special, or particular, characteristics are required in the goods they must be stated on the contract. Any samples supplied by us to you are so furnished only to give an indication as to the quality of the goods. We do not warrant that the samples will accord with the contract specification or that the goods supplied will accord with the sample.

3. All the Company products contain natural fibres and shrinkage, after successive laundering, will occur in the length and width of approximately up to 10-15%, depending on the construction. The washed or preshrink finished products will have most but not necessarily all this shrinkage removed.

4. a) Delivery date(s) means date(s) upon which the goods are ready for despatch to the point of delivery specified. b) All deliveries must be taken up by the final delivery date stated in the contract. c) The promised delivery date specified is a genuine forecast in the light of the current conditions, but it is given without legal commitment and we accept no liability if in the event we are unable to meet it.

5. The Company will endeavour to supply the exact quantities of goods ordered but, unless otherwise specifically agreed: a) The total quantity shall be subject to a tolerance either way of 10% and you will pay for the actual quantities of the goods delivered. b) The indicated piece lengths are given as a general indication but without legal commitment.

6. a) In the event of our costs increasing between the hereof and the actual date of the delivery owing to wars, Queen’s enemies, defence measures, imposition of new customs, excise or other duties or taxes, or increase of customs, excise or other duties or taxes, increase in the cost of raw materials or labour, scarcity of labour or any other cause whatsoever, the price at which your order is booked may be increased in respect of that portion of the Order which is undelivered on the day when written notice of such increase in the costs shall be given by us to you. b) In the event that you fail to take delivery of any part of the goods in accordance with Condition 5(a) above, we shall be entitled by notice in writing to you to increase the price of the goods remaining undelivered to our standard price or prices ruling on the actual date of delivery.

7. a) If a Force Majeure Event beyond our reasonable control prevent us from delivering any goods by the appropriate date, such date shall be postponed for a reasonable period. Beyond such period we may without liability cancel this contract as regards such goods, or we may without liability cancel this contract as regards such goods unless the products either have been, or are in the course of being made, or have been appropriated by us to this contact. A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other such industrial disputes (whether involving our own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, explosions, collapse or failure of building structures, fires, floods, storms or weather conditions, earthquakes, loss at sea, epidemics or similar events, or default of suppliers or sub-contractors’. b) If, by reason of any such circumstances we are prevented from supplying you with the full quantity of the goods delivered under this contract and also at the same time maintaining if full our other business, then we shall be at liberty to withhold, reduce, or suspend delivery to you to such an extent as we shall consider reasonable and equitable in all the circumstances. c) We shall give a much advance notice as possible of any proposed action by us under paragraph (a) or (b) above to enable you to make alternative arrangements for the purchase of the goods during the period of reduced or suspended delivery, and in this event you will be free to purchase from other suppliers your requirements of the goods to make good your anticipated or actual deficiency but we shall not be bound to acquire by purchase or otherwise additional quantities of the goods from other suppliers.

8. a) Complaints relating to quality will only be considered provided notice in writing is given to us within 28 days after receipt of goods, by you or your agents, and the defective goods are placed aside for inspection by our representative, or returned to the Company at your cost for inspection; as specified. This shall be a condition precedent to the giving of any credit allowance in respect of replacing the goods alleged to be defective, including any reasonable carriage charges. Note that if you fail to take reasonable care of the goods or soil or launder them the Company reserves the right not to accept their return b) Our liability in respect of goods proved by you to be defective is limited to giving you a reasonable credit allowance in respect of (or at our option to replacing at the point of delivery specified on your order) the goods, but in no circumstances will our maximum liability here-under exceed the invoice value of the defective goods. c) In particular, we shall not be liable for – (i) adverse effects resulting from the application to the goods of any process, operation or treatment, unless specifically recommended by the Company and we have agreed to be so liable, nor (ii) for any goods which have been cut or processed by the Buyer or their agents or in a way damaged after the risk in the goods has passed to the Buyer (iii) any expenditure incurred by you in respect of goods proved or alleged to be defective, nor (iv) loss of profit not for consequential loss of any kind to you however caused. d) Claims for loss or damage in transit of goods shipped at our risk will only be considered if made so as to reach us within such period as will enable a valid claim to be made against the carrier. e) In the event of your failure to give us notice as specified in paragraph (a) or (d) above, your claim shall be deemed to have been waived and shall be absolutely barred. f) Where a complaint or a claim has been made in respect of goods proved or alleged to be defective we may suspend further deliveries of goods under this contract until the validity of such complaint or claim has been finally determined and, in such events, the applicable delivery date(s) shall be postponed accordingly. g) If on or after delivery we make any allowance to you in respect of any claim and such allowance is accepted by you, no further claim may be made by you in respect of that matter.

9. a) If you purport to cancel this contract or refuse to accept delivery of goods hereunder, you will be liable to us for the full contract price. b) We shall be entitled to charge interest at the rate of 8% above the base lending rate from time to time of the Bank of England: on (i) all overdue payments (ii) the price of any goods of which you shall have failed to take delivery until the date they were actually delivered to you or otherwise disposed of. (iii) The Company reserves the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.c) We shall be entitled to suspend or cancel further deliveries under this and any other contract between you and us: (i) if payment is overdue or (ii) if you shall have failed to take delivery of any goods or (iii) (after notice) if and to the extent of the goods delivered would exceed, your credit limit whether or not advised to you and whether or not payment is overdue. d) For the purpose of this condition time of our receipt of payment shall be of the essence of this contract. e) The Buyer shall make all payments due under the Contract in full without deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

10. a) Only in exceptional circumstances, and with the agreement of a Company director, will full credit terms be extended to a new or first time Buyer. b) To be extended credit terms Buyers must regularly purchase in excess of £1200 worth of business per annum from the Company. By applying for an account Buyers authorise the Company to complete the necessary credit checks. Buyers will be given credit accounts and credit limits based on these checks and the amount and history of trading with the Company. c) Subject to the condition of f), where credit terms are extended the Buyer shall pay the invoice price in full within 30 days of the invoice date. Payments can be made by BACS, cheque, or cred/debit card. d) If a Buyers account exceeds the credit limit or has outstanding payments against it then no further orders will be dispatched from that contract until the account is returned to credit. e) In the case of bespoke, tailor-made, custom, non-standard, non-stock, or goods made to order. These goods will require payment in advance. Exceptions to be agreed in writing by a director. f) No payment shall be deemed to have been received until the Company has received cleared funds in their bank account. g) The Company reserves the right to cancel, or reduce, any credit account without notice. Credit terms WILL be withdrawn following any circumstances of extended payment outside the terms here stated. Or after any unreasonable requests to cancel agreed orders. h) The Buyer may cancel their credit account at any time by writing to the Company accounts team. Individual orders from stock products may be cancelled prior to dispatch by telephoning or emailing the Company customer services team. In the case of bespoke, tailor-made, custom, non-standard, non-stock, or goods made specially to order. These products are excluded from the normal cancellation and refunds policy; however, such an exception would not affect a Buyers statutory rights in relation to faulty goods.

11. a) The risk in the goods shall pass to you when we deliver the goods in accordance with the terms hereof to you or to your agent or other person to whom we have been authorised by you to deliver the goods, and we shall have no responsibility in respect of the safety of the goods thereafter and accordingly you should insure the goods thereafter against such risks (if any) as you think appropriate. b) However, the ownership of the goods shall remain with us until full payment has been made and we reserve the right to dispose of the goods until payment in full for all the goods has been received by us in accordance with the terms of the contract. We retain the right to reclaim our goods. The buyer shall be liable for all costs, expenses, and liabilities incurred by the Company in the recovery and reclamation of goods including, but not limited to, legal fees, removal costs, and transportation expenses.

12. All designs and sketches are submitted by us in confidence and unless otherwise agreed in writing they and the copyright in them remain our property.

13. This contract contains all the terms and conditions of purchase and the sale relating to the supply of the goods to which it relates. No further conditions will be recognised by or binding on either you or us apart from the actual quantities, prices and delivery dates notwithstanding that such conditions may be annexed to any documents exchanged between us relating to this contract or the supply of goods hereunder.

14. This contract shall be interpreted exclusively according to the laws of the United Kingdom (as it applies in Northern Ireland) and you hereby accept the jurisdiction of such courts, whether in the United Kingdom or elsewhere, as we may nominate for the purpose of trying any action arising out of this court.

15. While we try to ensure that all prices in the Company price lists or on the website, or elsewhere transmitted or communicated are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.