Terms & Conditions

1. Use of the McNiffes Bakery Site

The McNiffesBakery.com website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the McNiffes Bakery Site you agree to be bound by these Terms and Conditions.

These Terms and Conditions govern your use of the McNiffes Bakery Site and all services provided in connection with it.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the McNiffesBakery.com Site. The changes will apply to the use of the McNiffes Bakery Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the McNiffes Bakery Site and the Online Store. If you continue to use the McNiffes Bakery Site after the date on which the change comes into effect, your use of the McNiffes Bakery Site indicates your agreement to be bound by the new Terms and Conditions.

3. Registration

To register with McNiffes Bakery you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

4. Password and Security

When you register to use the McNiffes Bakery Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If McNiffes Bakery has reason to believe that there is likely to be a breach of security or misuse of the McNiffes Bakery Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

5. Excluded Services

The services provided by the McNiffes Bakery Site do not include the provision of computer or other necessary equipment to access the McNiffes Bakery Site. To use the McNiffes Bakery site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

6. Intellectual property

The content of the McNiffes Bakery Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the McNiffes Bakery Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the McNiffes Bakery Site without written permission from McNiffes Bakery.

No licence is granted to you in these Terms and Conditions to use any trade mark of McNiffes Bakery.

7. Limitations

You may not use the McNiffes Bakery Site for any of the following purposes:

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of the McNiffes Bakery Site
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the McNiffes Bakery Site
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

McNiffes Bakery reserves the right to refuse to post material on the McNiffes Bakery Site or to remove material already posted on the McNiffes Bakery Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

any claim by any third party that the use of the McNiffes Bakery Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the McNiffes Bakery Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the McNiffes Bakery Site by you.

8. Availability of the McNiffes Bakery Site

Although McNiffes Bakery aims to offer you the best service possible, McNiffes Bakery makes no promise that the services at the McNiffes Bakery Site will meet your requirements. McNiffes Bakery cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at info@mcniffesbakery.com we will attempt to correct the fault as soon as we reasonably can.

Your access to the McNiffes Bakery Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. McNiffes Bakery will attempt to restore the service as soon as it reasonably can.

9. McNiffes Bakery right to suspend or cancel your registration

McNiffes Bakery may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the McNiffes Bakery Site.The suspension or cancellation of your registration and your right to use the McNiffes Bakery Site shall not affect either party’s rights or liabilities.

Paragraphs 9, 10, 13, 14, 17 and 18 of these Terms and Conditions shall survive cancellation.

10. McNiffes Bakery’ liability

The McNiffes Bakery Site is provided by McNiffes Bakery without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The McNiffes Bakery Site provides content from other Internet sites or resources and while McNiffes Bakery tries to ensure that material included on the McNiffes Bakery Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. McNiffes Bakery will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the McNiffes Bakery Site. If McNiffes Bakery is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the McNiffes Bakery Site with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the McNiffes Bakery Site
unsuitability, unreliability or inaccuracy of the McNiffes Bakery Site
inadequacy of the McNiffes Bakery site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the McNiffes Bakery Site.

Nothing in this paragraph 13 applies to McNiffes Bakery liability in respect of products sold through the Online Stores.

Nothing in these Terms and Conditions shall exclude McNiffes Bakery liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made.

11. Third Party Websites

As a convenience to McNiffes Bakery customers, the McNiffes Bakery Site includes links to other web sites or material which are beyond its control. McNiffes Bakery is not responsible for content on the Internet or World Wide Web pages external to their site.

12. Advertising and Sponsorship

Part of the McNiffes Bakery Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the McNiffes Bakery Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

13. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.

14. International Use

McNiffes Bakery makes no promise that materials on the McNiffes Bakery Site are appropriate or available for use in locations outside the Republic of Ireland, and accessing the McNiffes Bakery Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.

15. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and McNiffes Bakery ignores this, McNiffes Bakery will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

McNiffes Bakery shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

16. Availability

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so. McNiffes Bakery will make contact with the customer if this occurs.

17. Acceptance

There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us.

18. Delivery

Delivery will be made to the address specified by you on the completed order form. Delivery times take one to two days. Whilst we make every effort to deliver your goods at the agreed time, we will not be liable if we fail to do so due to circumstances beyond our control.

19. Payment

You can pay by any Mastercard or Visa credit card via Paypal.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

20. Refund Policy

We regret that due to the very short timescale involved in processing Boxty orders, you cannot cancel or amend your order once it has been placed unless specifically agreed by ourselves. If the order has been dispatched then, unfortunately, we will not be in a position to cancel or amend your order.

If for any reason you are dissatisfied with the quality of the produce received, you should contact us within 24 hours of receipt. All complaints will be dealt with personally and immediately by a member of our team. Your statutory rights are not affected. We regret we are not able to accept returned goods or claims for goods ordered in error, due to their perishable nature.

Data Protection

All personal data we collect from you will be used exclusively for the purposes of our relationship, to help us offer improved or new services to you, and may be stored on computer. Your details will be held securely, in confidence, and never disclosed to any third party without your express permission.

21. GENERAL

The quality of our products and the service we provide are paramount to us as a company. By shopping with us online at McNiffes Bakery site you can expect the same high standards as our customers experience when purchased in shops across Ireland.
All our goods and services comply with all the standards required by relevant legislation. When shopping with us online, a Contract of Sale is made at the time we accept your order, and the contract shall be under Irish law. By confirming your order on the website, you accept these terms and conditions.

23. PACKAGING FOR DELIVERY

You may rest assured we have taken great care to ensure your goods arrive in perfect condition. Our Boxty Products are carefully placed in Polystyrene Boxes with Ice packs. As soon as your order is completed it goes in the fridge and only removed when the driver collects it and then the package is delivered to your door within the next 24 – 48 hours Tuesday to Friday.

24. PACKAGING AND DELIVERY PRICES

When your order has been packed the delivery costs are as follows;
Delivery will depend on your location and the weight of the product that is purchased. Our shipping calculator will estimate delivery costs on the checkout page.

25. UNFULFILLED ORDERS

Because of the seasonal nature of some of our produce and limited supply, it is possible that from time to time, we may be unable to fulfil some orders. If your order is for a product that is unavailable we will let you know as quickly as possible, within one working day of you placing the order, and offer alternative product or cancellation at your discretion. In the event of us having to cancel, we will make an immediate and full refund of any monies paid.

Delivery Policy

WE ONLY DELIVER TO THE REPUBLIC OF IRELAND, NORTHERN IRELAND AND MAINLAND UK STARTING SEPTEMBER 2020.

All our deliveries are transported through our specially selected distribution network. The drivers are all experienced delivery drivers who work to very high standards. They work to strict regulations in order to make sure your orders arrive with you safely and carefully. There is a space for special delivery instructions during the checkout process and these will be conformed to as much as possible.

Legal Notice

26. General

These Product Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.

If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.