Terms & Conditions Policy

eCommerce Terms of Use

Introduction

These are our general terms and conditions between Lochna Foods Ltd (trading as Eatto) websites and any person who buys any product or services from us (“the Customer” or “you”). Lochna Foods Ltd is a private limited company registered in the Republic of Ireland, registered number No 640847.

Please ensure that you read and understand these terms and conditions before you register an account and order from us as you will be bound by them, once a purchase is made it will constitute a contract in existence between us. By visiting or using eattoe.ie or its related website sites you agree to the following terms & conditions. Please read these Terms & Conditions carefully before agreeing to be bound same. If you do not agree to be bound by the Terms & Conditions, do not access or use this website. This website is provided by www.eatto.ie. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

Account Terms

By registering with the website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Acceptable Use

You shall not do any of the following or permit any other third parties to do any of the following:

1. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
2. Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component.
3. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
4. Account sharing, including, without limitation, letting third parties use your account and password.

Modification of these Terms & Conditions:

Eatto.ie and its sites reserve the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

Copyright and Licenses

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Lochna Foods Ltd. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Lochna Foods Ltd.

License

Lochna Foods Ltd grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Lochna Foods Ltd. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Lochna Foods Ltd. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Lochna Foods Ltd authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Disclaimer of Warranty/Limitation of Liability:

This website and related information is provided by Lochna Foods Ltd on an “as is” and “as available” basis. Lochna Foods Ltd makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Lochna Foods Ltd disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Lochna Foods Ltd does not warrant that this website, its servers, or email sent from website are free of viruses or other harmful components. Lochna Foods Ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Website uses reasonable efforts to include accurate and up-to-date information on this website. Lochna Foods Ltd assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Lochna Foods Ltd shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Third Party Links

For your convenience Lochna Foods Ltd may provide, links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Lochna Foods Ltd does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Lochna Foods Ltd sponsors, endorses, is affiliated or associated with any linked third party websites.

Applicable Law

By visiting the Website, you agree that the laws of the Republic of Ireland without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Lochna Foods Ltd.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Ireland. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the Irish Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless this website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Other Provision

Lochna Foods Ltd’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.

Lochna Foods Ltd may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Food Allergy Disclaimer

Lochna Foods Ltd makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies. Every effort is made to instruct our food production staff on the severity of food allergies however there is always a risk of contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice. Customers concerned with food allergies need to be aware of this risk.

Please be aware that our facility prepares foods and uses ingredients in our products that contain nuts or nut oil. If you have any type of food allergy, please refrain from eating our products.

Returns and Refunds Policy

If you are not entirely satisfied with your purchase, we’re here to help.

Returns

As our goods are perishable in nature, we do not operate a Returns Policy.

If you’re goods are faulty, you have 5 working days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.

Refunds

Once we receive your items or sufficient evidence has been provided to us, we will notify you that we have received your request. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within five days, depending on your card issuer’s policies.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Contact us if you have any questions on how to return your items to us at info@eatto.ie

Cookie Policy

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Terms of Sale and Supply

These terms and conditions cover your relationship with Lochna Foods Ltd (we, our, us) and all orders that you make with us and all goods that you purchase from us.

These Terms of Sale and Supply must be read in conjunction with our Website Terms of Use, Privacy Policy and Cookie Policy.

You understand that by ordering any product or service from our website you agree to be bound by these terms and conditions. We reserve the right to review and amend these conditions from time to time and so advise you check them regularly for any amendments. These Terms of Sale and Supply were last updated on the 29th March 2020.

If you are a consumer (e.g. an individual not acting as a business) there are certain terms implied under your statutory rights which we cannot exclude or limit. It is important for you to know that nothing in our terms and conditions affects your statutory rights. If you would like more information on your rights as a consumer contact the Competition & Consumer Protection Commission.

1. Your Eatto Account:
   • You must be at least 18 years of age (or a business operated by someone at least 18 years of age) to open an account with us.
   • You must ensure that the details you provide are complete and accurate, including your delivery instructions.
   • Any change to your details must be notified to us promptly, by updating your details via your account on our website.
   • You must notify us immediately if you know or suspect that someone knows your account password and recommend that it is changed immediately via the ‘log into your account’ section of our website.
   • We reserve the right to require that you change your password and to suspend or cancel your account where we have reason to believe there has been or could be a breach of website security.
   • You will receive an email notification from us of your account set-up, please keep this email for your records.
   • The details you provide are governed by our privacy policy which is available here.
   • Your account with Eatto is not a credit account and payment will be required prior to your goods being delivered.
   • It is your responsibility (at your own cost) to obtain the necessary tools and services (computer, telephone, internet connection etc) to access and manage your Eatto account.

2. Payment
   • You must ensure that Eatto is supplied with a suitable and agreeable means by which to obtain payment. Details of how to pay can be found in the frequently asked questions of our website.
   • We cannot accept any liability for how long it takes the banks to process your payment, either by card or by cheque.
   • We reserve the right to refuse deliveries to you and to cancel your account where payment(s) have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that have not been made in accordance with these terms and conditions.
   • When products are ordered by a customer and full payment has not been received in advance of delivery/collection, Eatto reserves the right to charge that customer’s card until full payment has been received.
3. Ordering and purchasing
   • Orders placed with Eatto may be subject to acceptance based upon a minimum spend, which are published on our website (here). Eatto reserves the right to alter the existing, or introduce new minimum spend conditions which will be published our website.
   • Where the removal of a product reduces your spend in a particular product category below a given minimum spend threshold (as per below) then we reserve the right not to deliver all products within that product category. Where the minimum order value is not met we reserve the right to apply a delivery charge or not to deliver your entire order. Such refusals will be credited in full, however, we will bear no liability for such refusals.
   • Any orders you make on the website will be automatically submitted to us at the order cut off times published in the ‘frequently asked questions’ on our website. You have the ability to alter, amend and cancel your order up until this cut off time and by allowing an order to be submitted to us you confirm that you have made any such corrections and cancellations and enter into a contract to buy the products from us. You cannot then cancel or withdraw your order, or any part of it except as per 3.10 & 5.3 below.
   • Where you amend your order, you accept that the price will change accordingly as displayed on our website.
   • No order placed online is accepted from us until our website displays an order confirmation message. You will receive an ‘order confirmation’ email and this email should be kept for reference until your order has been delivered and accepted as correct.
   • While we will endeavour to deliver all accepted orders, our products are subject to availability and we do not always know if a product is or will be available for delivery at the time of accepting an order. If we are unable to deliver an item you have ordered we may offer a reasonable substitute. You may reject this substitute and you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. Where we do not offer a substitute product the item will be removed from your order and again you will not be charged for it, or where payment has already been taken you will be refunded any amount paid for that item. We will bear no liability for the unavailability of our products.
   • All of the products that we offer are subject to variations in seasonal availability and supply price. Hence, if you set up a regular (repeat) order for a product or products the price of those items will change over time from when you first ordered them. You accept that the price to be paid for all items in your order will be that stated on the website at the time of the order submission.
   • Where an item has been displayed on our website with an incorrect, erroneous price we reserve the right to remove that item from your order, amend the price to one that is correct or to not deliver the item and refund the price paid.
   • All prices displayed on the website are inclusive of any applicable taxes and duty (including VAT).
   • You are entitled to cancel payment for products where there has been fraudulent use of your payment card (despite the above provisions). Where a fraudulent payment has already been made then you should contact your card issuer for credit back to your card.
   • We only sell to consumers and you must not resell any products purchased from us.
4. Delivery and Delivery instructions
   • Our site is only intended for use by people resident within the Republic of Ireland and Northern Ireland. We aim to be able to deliver products throughout the island of Ireland but if you fall outside of our current delivery area we will inform you immediately and fully refund any payment you have made.
   • We reserve the right not to deliver to all locations, or not to deliver all products to all locations. You will be notified during the account creation process if we are unable to deliver to your address. Where we are unable to deliver certain products to your address we may make them unavailable for you to order (both on the website or via the telephone).
   • We will deliver to the address stated in your Eatto account.
   • It is your responsibility to make suitable arrangements to receive your delivery which will need to be signed for. The delivery details section of your account is important and it is important, due to the perishable nature of our products that you arrange for delivery to a place where the goods can be signed for.
   • Once your delivery instructions have been followed and your delivery has been signed for, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods.
   • Any perishable food delivered by us will be delivered in insulated packaging, with frozen water to keep the produce below 5oC. It is imperative that you keep the package sealed until such time as you can transfer the contents to a suitable refrigerator. The contents must be transferred to a refrigerator by no later than 7pm on the day your goods were delivered. Where these instructions have not been followed; we will not accept any liability for any detriment to the quality or safety of our food.
   • You must inspect your goods as swiftly as possible after delivery and notify us promptly of any errors. We will refund you for any products you receive that were not ordered, are faulty, have been substituted with a product that is unacceptable to you or that were delivered without us following these terms and conditions. However, such liability will be limited to the value of the erroneous and / or undelivered goods.
   • In order to maximise efficiency and reduce food miles, your orders will be delivered on a set days of the week. We will aim to keep these days fixed, however, we reserve the right to change them (either temporarily or permanently) and we will notify you of any such changes.
   • The time that your order is delivered on that day will vary week on week depending on traffic, weather and the number of deliveries to be made that day. If ordering regularly, you may notice that your delivery occurs at a similar time each week, however, we make no guarantee of this time and accept no liability for inconvenience or loss as a result of a deviation from it.
   • We cannot accept liability for any inconvenience or loss where we are unable to deliver to you or deliver to you late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, strike actions, supplier failures). We will of course refund you for any part of your order which is not delivered, or which has been compromised as a result of the delay.
5. Cancellation
   • You may cancel your account with us at any time either online or by notifying us in writing, over the phone or by email. Suspending or cancelling your account will not affect or remove any rights or liabilities accrued up until that point and any orders submitted prior to your account cancellation will remain binding.
   • Eatto may cancel your account and or any accepted orders at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

6. Warranties & applicable law

• • We guarantee that our products will be of a satisfactory condition and quality (with the exception of defects caused by your mis-use, neglect or by accidents while the goods were in your possession). Please notify us if you are dissatisfied with any of our products. If upon examination they are defective or faulty we will gladly refund you the price paid for them.
  • We accept no liability in relation to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, trade or trade opportunities).
  • Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. However, nothing in these terms and conditions can limit our liability to your death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.
  • We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, adverse weather, acts of God, strikes, labour disputes, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
  • You are not entitled to assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
  • These terms and conditions are governed by and construed in accordance with Irish law and the Irish courts will have no-exclusive jurisdiction over any disputes which arise in relation to these terms and conditions.
  • If any of the provisions in these terms and conditions are found to be invalid by a court having jurisdiction, then the invalidity of that provision will not affect the validity of any other provisions within these terms and conditions.