Terms of Website Use
Please read these Terms & Conditions carefully before using this site.
By using our site, you accept these terms.
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We are the Missionaries of the Sacred Heart, a religious congregation practicing in Ireland with an address at MSC Missions Office, PO Box 23, Western Road, Cork, T12 WT72.
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
If you purchase goods from our site, our Terms & Conditions for the Sale of Products (please see below for full Terms & Conditions for the Sale of Products).
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
How you may use the material on our site
We are the owner or the licensee of all intellectual property rights (including trade marks) in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not permitted to use any of the intellectual property rights on our site unless approved by us and you agree to not reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents. For the avoidance of doubt, this exclusion of liability includes any liability for indirect or consequential loss or damage, loss of profits, loss of data, loss of business or loss of business opportunity.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms & Conditions for the Sale of Products (please see below for full Terms & Conditions for the Sale of Products).
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to instruct you to delete any link to our site without providing a reason.
Prohibited use
You may use our site only for lawful purposes only. You may not use this site in any manner which we deem, in our absolute discretion, to amount to unacceptable conduct including, but not limited to, conduct which is defamatory, racist or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.
You may also not use this site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Termination
We reserve the right to immediately terminate your use of this site in circumstances including (but not limited to) where you or (if applicable) your officers, directors and employees, servants and agents breach or procure a breach of these terms or otherwise engage in conduct which we determine in our sole discretion to be unacceptable or harmful to us or the site’s other users.
Which country’s laws apply to any disputes?
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
Terms & Conditions for the Sale of Products
This page (together with our Privacy Policy and Terms of Website Use, above) provides you with information about us and the legal terms and conditions (Terms) on which we sell to you any of the products and related installation and commissioning services (Products) listed on our website (our site).
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. If you refuse to accept these Terms, you will not be able to order any Products from our site.
If you are a business customer, please note there are important, additional terms applicable solely to you at the end of this document.
We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1. Information about us and how to contact us
1.1 We are the Missionaries of the Sacred Heart, a religious congregation practicing in Ireland with an address at MSC Missions Office, PO Box 23, Western Road, Cork, T12 WT72, Ireland.
1.2 Contacting us. You may contact us (including for complaints) by using the details contained in our Contact Us page. If you are emailing us or sending us a letter, please include details of your order (including your order number and full name) to help us to identify it.
1.3 If you are a business customer and wish to give us formal notice of any matter in accordance with these Terms, please see clause 10.9.
1.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.5 When we refer, in these Terms, to “in writing”, this will include e-mail.
2. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
3. How the contract is formed between you and us
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process.
3.2 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation. You shall receive a second e-mail when the products you have ordered have been dispatched for delivery.
3.3 You shall only become the full owner of the Product once we have received full payment for it.
3.4 Please note that we may not be able to complete an order where a Product is out of stock or no longer available. If this happens, we will contact you and refund all amounts paid by you.
4. Your consumer right of return and refund
This clause 4 only applies if you are a consumer.
Refunds for Faulty or Non-Matching Products
4.1 If you receive Products that are faulty or not as described, please notify us within 30 days of delivery using the details contained in our Contact Us page. You can then return the Products to us and we will refund the price of the Products in full within 14 days of receiving it from you. If you cannot send the Products to us by post, we will arrange to collect them from you.
4.2 You may also choose to allow us to first attempt to replace or repair the Product if possible, after which you may then exercise your right to return the Product for a full refund if it is still faulty.
4.3 The Products must be returned within a reasonable timeframe.
4.4 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 4, or anything else in these Terms. Advice about your legal rights is available is available at www.consumerhelp.ie.
Cooling-Off Period – Right of Cancellation or Return for No Reason
4.5 Separate to the above, you also have a right to cancel the Contract and return any Products during what is called your Cooling-Off Period. During the Cooling-Off Periods set out below, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
4.6 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between you and us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.
4.7 Where you order a single Product, the deadline for cancelling shall be 14 days after the day on which you receive the Product.
4.8 Where you order a Product to be delivered in instalments or multiple Products, the deadline for cancelling shall be 14 days after the day on which you receive the last instalment or Product.
4.9 Where you order a Product to be delivered regularly or periodically, the deadline for cancelling shall be 14 days after the day on which you receive the first delivery.
4.10 To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by contacting us using the details contained in our Contact Us page.
4.11 If you are e-mailing us or writing to us, please include details of your order (including your full name and order number) to help us to easily identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
4.12 If you cancel your Contract or order:
(a) you must return the Products to us if you have already received them or they have already been dispatched to you. If you cannot send the Products by post, we will arrange to collect them from you.
(b) We will then refund you the price you paid for the Products within 14 days after the day on which we receive the Products back from you or, if the Product has not yet been dispatched to you, within 14 days of you informing us that you wish to cancel the Contract. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
4.13 Costs of returning products:
Where you return a Product within the relevant 14-day cooling-off period or because it is faulty or not as described, we will refund the reasonable costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
5. Delivery
5.1 Delivery of the Products shall only take place: (i) on delivery by us of the Products to the location identified by you for the purposes of delivery (Delivery Address); or (ii) when the Products have been collected from our premises by a carrier or agent acting on your behalf for the purposes of delivery, whichever is applicable.
5.2 Any dates specified for delivery of the Products are intended to be an estimate only.
This clause 5.3 only applies if you are a consumer.
5.3 If we miss the relevant delivery deadline for any Products, you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
Please note that you can also give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. Cancellation shall be completed in accordance with clauses 4.10 and 4.12 above.
6. International delivery
If you order Products from our site for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. Accordingly, we accept no liability for these amounts and you shall be responsible for paying them.
7. Our Products
7.1 The images of the Products on our site are for illustrative purposes only. All drawings, descriptions and specifications displayed on our site are published for the sole purpose of giving an approximate idea of the Products described. They shall not form part of these Terms and this should not be considered a sale by sample to you.
7.2 We reserve ownership of and copyright in all drawings, images, data or specifications which we prepare and send to you in relation to the Products (Materials). You shall not, without our prior written consent, disclose or make available to our competitors or any other person any of the Materials for any purpose whatsoever.
8. Price of products and delivery charges
8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 8.4 for what happens if we discover an error in the price of Products that you ordered. Please also note that, in the case of Mass cards, Mass enrolment books and similar items, we do not charge a price but will include suggested donation amounts which can be given by you in appreciation of such items.
8.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being.
8.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. Please note that you will be solely responsible for any extra costs associated with redelivering the Product to you following any failed delivery due to your non-availability.
8.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will ensure that you are refunded the amount which you paid in excess of the actual correct price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price (and so additionally paying us the difference in price) or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We cannot complete an order at the incorrect price.
9. Other important terms
9.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.2 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and us, nor constitute either you or us as the agent of the other for any purpose. Neither you or us shall have authority to act as agent for, or to bind, the other in any way.
9.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
9.4 Event outside of our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract for an event taking place which is outside of our control. You may cancel a Contract affected by such an event which has continued for more than 90 days. To cancel, please contact us using the details contained in our Contact Us page.
9.5 These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
10. If you are a business customer
This clause 10 only applies if you are a business.
10.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
10.2 These Terms, plus our Privacy Policy and Terms of Website Use (above), constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
10.3 You agree that risk in and responsibility for the Products shall pass to you as soon as they leave our premises for delivery to you in accordance with clause 5.1 (whether delivery is made by us, a private courier or in the post).
10.4 We make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature or fitness for purpose of the Products. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
10.5 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, goodwill, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity or anticipated savings; or
(d) any indirect or consequential loss.
10.6 Without prejudice to clause 10.4, our total liability arising under or in connection with our Contract with you, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant Product(s) that is/are the subject of a claim.
10.7 We do not exclude any liability for any matter that it would be illegal for us to exclude or attempt to exclude its liability.
10.8 We (at our sole discretion) may elect to repair or replace free of charge any part or parts of the Products which are considered by us to be defective or unfit for purpose due to fault in design, installation, inferior materials or fault in manufacture for which we are responsible (Option). We will only exercise the Option if you notify us in writing within one month of the date of delivery pursuant to clause 5 that the Products are defective or unfit for purpose.
10.9 You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: (i) the Contract; (ii) the supply of the Products pursuant to the Contract; (iii) your use of the Products; or (iv) your fraud or negligence.
10.10 If you are a business:
(a) Any notice required to be given shall be in writing and shall be delivered personally, or sent by pre-paid post, recorded delivery or by commercial courier to the other party. Any notice hereunder shall be deemed to have been duly received if delivered personally, when left at that address or, if sent by pre-paid post or recorded delivery, at 9.00am on the second working day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
(b) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Terms & Conditions for Donations
This website is owned and operated by and on behalf of Missionaries of the Sacred Heart (“MSC”). Use of the website is subject to the following terms and conditions and to our privacy notice and to such other policies and terms as may appear on the website from time to time, all of which are governed by the laws of Ireland and subject to the exclusive jurisdiction of the Courts in Ireland. You agree to be bound by these terms and conditions each and every time you make a donation via our website.
- MSC is a registered charity operating under the name “The Sacred Heart Missionary Education CLG”. The charity’s registration details are RCN20006402 and CHY 4783. The registered office is MSC Provincial Office, 65 Terenure Road West, Terenure, Dublin 6W P295 and the MSC Missions office is P.O. Box 23, Western Road, Cork T12 WT72. The contact details for the Charities Regulator in Ireland are: Charities Regulator Authority, 3 George’s Dock, IFSC, Dublin 1, D01 X5X0. Telephone: 01 6331500.
- When you make a donation via this website using a card (e.g. credit card, debit card etc) you are warranting to us that you are over 18 years old, have the legal capacity and authority to make the payment, are the authorised user of the card used to make the payment, and that you have the funds to make the relevant donation.
- When you make a donation using a card (eg. credit card, debit card etc) your payment will be processed by the payments platform Realex (otherwise known as Global Payments Direct Inc, the trading name of Pay and Shop Limited). For further information on how Realex handle payment data, please see their policy at www.globalpaymentsinc.com/en-ie/accept-payments/ecommerce/privacy. For further information about how MSC handle your personal data, please see our Privacy Policy. By submitting a donation via our website you are confirming that you authorise Realex to request the relevant funds from your credit- or debit-card. You understand that the payment platform deducts a service charge/administration fee from that donation, and that the charity only receives the balance after deduction of those charges and fees. If you become aware of any unauthorised or fraudulent use of your card, you must notify your bank/card provider immediately.
- The Charity adheres to best practices in the non-profit sector. When you make a donation, you warrant to MSC that the source of funds are legitimate, and do not emanate from money laundering or terrorist financing. You warrant to MSC that the donation does not infringe any provision of the 4th Anti-Money Laundering Directive (EU) 2015/849 of the European Parliament and the Council of 20 May 2015 and/or the FATF Recommendations (Recommendation 8).
- If you make an online donation via our website, you have the opportunity to specify what project or appeal you would like your donation to be applied to e.g. “general donation”, “mission projects”, “summer appeal 2019 (MSC Centre for the Poor, Philippines)” etc. If you do not specify what project you would like to have your donation applied towards, we will treat it as a general donation for the general charitable objects of the Society. If you do specify what project you would like to have your donation applied towards, then you confirm and understand that in the event that the specified project or appeal is fully funded, or is complete, or is no longer capable of being fulfilled, or due to some other unforeseen situation outside MSC’s control it is no longer possible to undertake that project or appeal, or same becomes impossible due to a force majeure event (eg. war, rebellion, riot, civil commotion etc), then you hereby warrant to us that MSC (and its trustees and officers) has your full authority to apply your entire donation (or such balance of same as has not been expended) towards the general charitable objects of the Society.