Terms and Conditions

Applicability

All offers, sales, deliveries, services and other legal relations in which Harold Elmes Ltd. (hereinafter referred to as: “Harold Elmes”) is a party, and are conducted through the Harold Elmes Ltd. website, web shop or delivered business will be exclusively governed by these terms and conditions, unless agreed otherwise in writing.

If any provision of these terms and conditions is declared void or annulled, the remaining provisions will remain fully in effect. Harold Elmes and the client will then consult to agree on a new clause reflecting the original intention as closely as possible.

1) General

By placing an order, the client agrees to the applicability of these terms and conditions, even if not confirmed in writing.

Contact details:
Harold Elmes Ltd.
Unit 5, Riversdale Industrial Estate
Bluebell Avenue
Dublin 12, Ireland
Tel: +353 1 455 1373
Email: info@haroldelmes.com
Website: www.haroldelmes.com
Company Registration No: 327725
VAT No: IE 6347725K

2) Offers

All offers made by Harold Elmes are non-binding unless agreed otherwise in writing. Harold Elmes reserves the right to reject any order without explanation or to request advance payment.

The client agrees not to approach or do business directly with suppliers introduced by Harold Elmes. Breach of this clause will result in a fine of €25,000 per incident and entitlement to further compensation.

3) Delivery Times / Packaging

Delivery times are estimates and not binding deadlines. Delays do not entitle the client to cancel or claim compensation.

If goods are not collected or accepted within the agreed timeframe, they may be stored at the client’s expense and risk. After 14 days, Harold Elmes reserves the right to cancel the order and sell the items elsewhere.

Goods are packed according to Harold Elmes’ standard practices unless otherwise requested. Special packaging requirements will incur additional charges.

4) Retention of Title

For accounts based customers ownership transfers to the client only after full payment of all sums owed to Harold Elmes. The client may not sell, pledge, or otherwise dispose of the goods before ownership transfers.

If the client resells the goods, any resulting claims are automatically and unconditionally assigned to Harold Elmes. The client must notify Harold Elmes if goods are seized.

5) Prices

All orders are subject to the pricing in effect at the time of order. Harold Elmes reserves the right to correct pricing errors or adjust prices for future orders. Prices from prior orders do not apply to new purchases. E&OE

6) Payment / Termination

For accounts based customers payment is due in full within 30 days of invoice or delivery unless otherwise agreed. Failure to pay on time or any of the following will entitle Harold Elmes to terminate the agreement immediately and demand full payment:

Termination does not affect the client’s obligation to pay for already delivered goods or services. Harold Elmes may suspend future deliveries or require prepayment if payment terms are breached.

7) Interest and Costs

Late payments incur 4% interest per month (or part thereof), in addition to statutory interest. The client will also be liable for legal and collection costs, with a minimum of 20% of the outstanding amount.

8) Claims

Claims must be made via the website or email within 3 days of receipt of goods. Failure to notify within this period voids any right to claim.

Claims must include the packing list and invoice number. Minor discrepancies in size, color, or finish that are industry-standard do not qualify for return or compensation.

Returns are only accepted with prior written approval and must be sent in original condition and packaging. Harold Elmes reserves the right to deduct 15% of the product value (minimum €150) for restocking.

9) Liability

Harold Elmes’ liability for any breach is limited to direct damages and capped at the value of the order, with a maximum of €1,000,000. Liability for death or personal injury is limited to €2,000,000.

Indirect damages (including lost profits, delays, or business interruption) are excluded. These limitations do not apply in cases of intentional misconduct or gross negligence.

The client indemnifies Harold Elmes against third-party claims relating to goods supplied.

10) Delivery

Unless otherwise agreed, delivery is Ex Warehouse (INCO Terms 2000). Once delivered to the specified address, risk transfers to the client.

Split deliveries may occur at Harold Elmes’ discretion.

11) Force Majeure

In case of force majeure (war, strikes, transport issues, government actions, etc.), either party may terminate the agreement after 90 days without liability. Costs for completed deliveries will be charged proportionally.

12) Intellectual Property

All intellectual property rights remain the property of Harold Elmes or its licensors. The client is not permitted to remove or alter branding or legal markings.

The client indemnifies Harold Elmes against IP claims related to goods produced or modified at the client’s direction.

13) Privacy Statement

Harold Elmes may collect and use client data in accordance with data protection laws. Information is never sold or shared beyond what is required for fulfilling orders, legal obligations, or fraud prevention.

14) Distributor and Agent Status

Clients are not representatives or agents of Harold Elmes unless formally agreed in writing. Being a buyer does not grant the right to act on behalf of the company.

15) Applicable Law

All agreements are governed by Irish law. In case of discrepancies between translated versions, the English version prevails.

16) Disputes

Any disputes will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.

17) Price Adjustment Clause

1. Subject to Change: Prices are based on current transport costs and may change.
2. Adjustment: Harold Elmes reserves the right to adjust prices if transport costs fluctuate significantly.
3. Notification: Clients will be notified of price changes. If the increase exceeds 10%, the client may cancel the order within 10 days.
4. Agreement: If no cancellation is received, the adjusted prices are considered accepted.