DEFINITIONS

In these conditions:
“Company” means Atire, Pinnacle House, Newtown Cross, The Ward, Co. Dublin, Ireland D11 K27C or any subsidiary or associated company;
“Buyer” means any person, firm, company or unincorporated association which orders, buys or licences goods from the Company;
“Goods” mean all or any goods distributed, sold or supplied from time to time by the Company which are the subject of the Order and, where the context so admits, any instalment thereof;
“Invoice” means the invoice given or dispatched to the Buyer detailing the Goods and the Price;
“Order” means the contract between the Company and the Buyer (of which these conditions form part) for the supply of Goods by the Company to the Buyer.

ACCEPTANCE OF ORDERS

Any order placed by a Buyer with the Company for goods (including orders for goods on approval) shall be accepted entirely at the discretion of the Company and, if so accepted, will only be accepted upon these Conditions. No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of such cancellation. Each order which is so accepted shall constitute an individual legally binding contract between the Company and the Buyer.

DELIVERY OF GOODS

Delivery of the Goods shall be deemed to have taken place when the Goods reach the Buyer’s place of business or the place designated by the Buyer for delivery of the Goods. In all circumstances, including Goods carried by the Company’s nominated carriers, delivery shall take place when the Goods come within the possession or control (actual or constructive) of the Buyer. Risk in the Goods shall pass to the Buyer immediately the Goods are delivered to the Buyer or its representative, notwithstanding any failure by the Buyer or its representative to endorse its acceptance, and the Company shall not have any responsibility in respect of the safety of the Goods thereafter, notwithstanding that the ownership of the Goods shall not have passed to the Buyer. Goods damaged by the Buyer, its servants or agents whilst loading and unloading are the responsibility of the Buyer. The Buyer shall be responsible for insuring the Goods against all risks.

Every effort shall be made by the Company to dispatch all the Goods in good condition and on time. Any time or date for delivery given by the Company is given in good faith but is an estimate only. Events beyond the Company’s control by which availability of the Goods, delivery, or transportation of goods is made impossible or essentially difficult shall entitle the Company to cancel the Contract or to postpone delivery until such hindrance may be overcome. The right to cancel the Contract shall at all times be available to the Company if essential changes in the business situation of the Buyer are considered by the Company to have taken place.

INSPECTION AND ACCEPTANCE OF GOODS

The Buyer shall inspect the Goods immediately upon delivery and within two days of delivery (time being of the essence) give notice in writing to the Company of any alleged shortages in the Goods, defect or damage to the Goods, or any other matter by reason whereof the Buyer alleges that the Goods are not in accordance with the Order. If the Buyer fails to give such notice timeously, the Goods shall be conclusively presumed to be in accordance with the Order in all respects and the Buyer shall not thereafter be entitled to reject the Goods or to claim from the Company in respect of any shortage, damage or other defect. In the case of damage or other defects not apparent on reasonable inspection, notice shall be given to the Company within two days after discovery of the damage.

PROPERTY IN GOODS AND RISK

Notwithstanding delivery and passing of risk in the Goods, property in the Goods shall not pass to the Buyer until the Company has received payment in full in cash or cleared funds of the Price and all other sums plus VAT due by the Buyer to the Company. Until property passes, the Buyer shall keep the Goods free from any lien, charge or encumbrance. The Company may at any time require the Goods to be returned and, if such requirement is not met within three days of demand, may take possession of the Goods and enter any premises where the Goods are kept for this purpose.

PRICE AND PAYMENT

The Price shall be calculated by reference to the price quoted by the Company or, where no price has been quoted or a quoted price is no longer valid, the price listed in the Company’s Price List current at the date of delivery, plus Value Added Tax at the applicable rate. The Price shall be payable in the currency stated in the contract.

The Company reserves the right to alter the price in the event of any increase in import duty, tax variation, freight, carriage or insurance charges, or any other charges to which the Goods are subject. All invoices shall be paid by the Buyer within 30 calendar days of the end of the month. If payment is not made by the due date, the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (S.I. No. 388 of 2002), as amended, shall apply and interest will be payable accordingly. The Company may suspend further deliveries if payment is not made timeously.

INDEMNITY

The Buyer shall indemnify the Company in respect of all loss, damage or injury occurring to any person or property, and against all actions, claims, charges or expenses for which the Company may become liable in respect of the Goods, where such loss, damage or injury has been occasioned by the negligence or breach of duty of the Buyer.

TERMINATION

If the Buyer commits any breach of the Order, enters liquidation, has a receiver or examiner appointed, becomes bankrupt or insolvent, or if circumstances arise which in the opinion of the Company render such events likely, the Company may terminate the Order immediately without notice or liability. The Company may enter the Buyer’s premises to protect, remove, realise or dispose of Goods where property has not passed, cancel unfilled Orders, and sell or otherwise dispose of the Goods.

RETURNS POLICY

GENERAL

No failure or delay by the Company to exercise any right, power or remedy shall operate as a waiver of the same.

1. 1. You may return any item bought from us within 28 days of delivery, provided it is in the original packaging and suitable for resale. Returns are free of charge and full credit will be given.
   2. If an item is returned outside the 28-day period or is not suitable for resale, Atire may charge a 20% restocking fee.
   3. Atire will only pay return carriage costs where the return is due to our error or the goods are deemed faulty.
   4. Where goods have been supplied as ordered by the customer, return costs are the responsibility of the customer.
   5. Unless incorrectly supplied or faulty, we cannot accept returns of:

• Goods that have been embroidered, badged or printed

1. • Goods assembled to customer requirements
   • Goods specially ordered for the customer
2. We will collect unwanted goods from your premises within 5 days of request where the return is due to an Atire error.