Terms & Conditions - moeber.ie Home // Terms & Conditions - moeber.ie

1. Terms:

1. “Us/ moeber”, means Mark A. Shirley t/a moeber
2. “you”, “means the party who visits and/or uses this website
3. a reference to the “website” means www.moeber.ie
4. “Order” means an offer made by you in response to an invitation to treat made by Mark Shirley t/a moeber and acceptance of the offer by Mark Shirley t/a moeber via the website

2. Outline of Use:

a. These Terms and Conditions relate to the purchase of services from the website www.moeber.ie (hereinafter referred to as ‘The website’). Further Terms as contained in our Cookie Policy Data Protection Policy, and Privacy Statement are also applicable to online buying from the website. BY USING THIS WEBSITE, YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS.
b. www.moeber.ie is a website operated by moeber (“us”, “our”, “we”). We are a Sole Trader registered in Ireland under number 542027 and have our registered office at Carlow Gateway Business Centre, Athy Road, Carlow.
c. The services described in this website are subject to change at the sole discretion of the seller. Any representations made at any time are accurate at the time of publication and are subject to change. If services are not available after an order has been made, you will be notified as soon as possible.
d. The fact that a service is offered on our website, does not guarantee that same will be available to purchase.
e. Images and Specifications are for illustrative purposes only and do not form any part of a contract between the parties implied or otherwise.
f. We may at any time suspend or restrict the operation of this Website without notice.
g. The Terms & Conditions of this website may be amended at any time, and without notice to you. The use of this website is confirmation of your agreement to any amended terms and conditions. It will be at the sole discretion of moeber to provide confirmation of any amendments to Terms and Conditions.
h. Access to this website may be terminated at any time without notice at the sole discretion of moeber.
i. You must be eighteen (18) years of age or older to use this website or to purchase services from the website. Confirmation of your age can be requested at any stage by us. Where valid confirmation of age is not provided after being requested by us then an Order can be put on hold until such time as the relevant ID Document is provided.
j. The Copyright of this site is owned by moeber. No duplication or use of any material from this website is allowed without the written consent of moeber.

3. Purchases

a. The advertising or representations of services for sale on the website do not constitute an offer to sell but an invitation to treat.
b. Once a Booking request has been received by us the said Booking request will be placed in the queue for processing. We will not be held liable for any delay or error in the ordering of the service.
c. It is strongly advised that all booking requests are carefully reviewed prior to be being placed through the website. Once a booking request has been placed, it cannot be cancelled without the expressed written authorisation of moeber. Such authorisation is at the sole discretion of moeber.
d. Once a booking request has been placed, you will receive an email notification within a reasonable period of time confirming the order. If there are any issues or errors pertaining to the details of the booking request, or details contained in the notification email, you must contact our Support Unit immediately. The notification email does not constitute acceptance of your booking request by us but merely confirms the receipt of your booking request.
e. The Booking fee must be made in full prior to inspection, including any applicable handling, taxes or any further charges.
f. Only payments made through the secure payment gateway facilities accessible via the website will be accepted. As these are Third Party providers, the payment transaction will be subject to any additional terms and conditions of these Third Party providers, and we holds no responsibility or liability for issues pertaining to the Third Parties errors or omissions.
g. You hereby acknowledge that:
– For reasons beyond the control of moeber your purchase offer, or the receipt of payment made through the website might not be received for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
– to the fullest extent permitted by law, we will not be liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic payment through the website, or any failure to receive an electronic instruction for whatever reason.
h. It is at the sole discretion of moeber whether to accept your order or not. If your order is not accepted then any funds paid through the website will be duly refunded within a period of 30 days to the card used for the original transaction

4. Prices

a. Prices shown are in Euros and include VAT where applicable. Prices may not include handling charges, which will be applicable and payable on checkout.
b. Prices are valid until amended or removed from the website and are subject to change at any time. Please keep a constant review of the website to be informed of any price change. We will not be held liable for any price variation.
c. We reserve the right to correct any errors published on the website at any time without any formal notice.
d. The overall fee is a matter strictly as between The Customer and the Assessor.
e. The overall fee is based on the estimated size and type of property being assessed. If the dimensions, size, or complexity of the property differ from the details provided at the time of booking, then the cost will also differ. It is strictly a matter for the Customer to ensure that all details provided at the time of booking are correct, to ensure an accurate fee quote.
f. If the building to be assessed is substantially different in size/scope/complexity the customer can discuss same directly with the Assessor/ Member.
g. The Booking fee is non-refundable.
h. Images of dwellings and descriptions utilised on our website, including dwelling type and floor area are for guideline purposes only. These indicative images and areas are to help the customer to best describe the dwelling to be assessed.

5. The Service

a. We provide the Service which facilitate introductions between you and the Registered SEAI BER Assessors. We also facilitate the booking of provisional appointments with these assessors.
b. We are not a referral service and we do not endorse, recommend or approve any assessors listed on the Site.
c. We are not an employer of or agency for BER Assessors. Each Assessor listed is self-employed or an employee of another company and solely responsible for services rendered.
d. moeber is supplying a booking service only. Any issues pertaining to the assessment or inspection are strictly a matter as between the Customer and Assessor.
e. Subject to full compliance of the above Terms and Conditions, moeber will supply the booking service to you, as per the email notification, within a reasonable period of time. Reasonable period of time is defined as:
– Where there are BER assessors in your local area, then we will endeavor to dispatch same within 5 working days of the email notification, however we will endeavor to match your chosen time & date.
– If there are no BER Assessors within your local area, then we will endeavor to dispatch same within 10 working days of the email notification.
f. Inspections are carried out by 3rd Party contractors. moeber will have no responsibility or liability for any delay or failure to carry out inspection/ assessor services.
g. Inspection dates are estimates only and we will not accept any liability for failure to carry out a BER inspection within the stated timeframe. Further, we will not be held liable for non/ or late BER Inspection or release of BER Certificate of Advisory reports due to issues resulting from supplier/ third party issues.
h. The Customer must provide all relevant details to enable the inspection be carried out. This includes but not limited to, the age of the property, the age of any extensions and any other known construction properties of the building and the Meter Point Reference Number (MPRN).
i. If there is no one available to allow access to your property on the pre-arranged inspection date, you will be charged for inspection and transport costs.
j. The address provided on the order must be located within the Republic of Ireland.
k. For any amendment to your address, please contact our support team at info@moeber.com including the original booking confirmation Email from moeber.
l. We will not be liable for failures or delays by any third party contractor.
m. All assessors listed on the moeber website are fully independent operatives who are Registered BER Assessors with the Sustainable Energy Authority of Ireland. moeber has no responsibility over the outcome of the Published BER and the responsibility for the accuracy is entirely with the surveying & publishing BER Assessor.

6. Data Protection

a. All information received by us from the Customer use of this Site will be used in accordance with our privacy policy.
b. The Customer is asked to review our Privacy Policy at www.moeber.ie./privacy-policy
c. The Customer hereby acknowledges and agrees that the Assessor will and is obliged to supply the completed domestic Building Energy Rating (BER) Certificate, together with the Advisory report and .xml to moeber in an electronic format (i.e. PDF &.xml).
d. This information will be retained by moeber for a reasonable period of time, and can be used as per our Privacy Policy.

7. Property Damage

a. We will not be liable for the damage of any property within your property by the BER Assessor. The Assessor is an independent third party contractor.

8. Cancellation/ Withdrawal of Order

– Subject to the terms set out below, you have the right to cancel your Order, any time before and up to 12 hours before the inspection date.
– The Booking fee payable under this Agreement is nonrefundable. If the inspection does not proceed, despite notice being provided, the booking fee remains nonrefundable.
– This clause is not intended to exclude or limit any rights which you may have under the European Directive on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by means of a Distance Communication) Regulations 2001 as amended

9. Credit Card Fraud

a. To the fullest extent permitted by law, moeber and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorised or improper manner.

10. Limitation of Liability

a. We are not involved in any transaction between you and the Assessors who provide the assessment on the Site. We cannot assure that the transactions will be completed nor do we guarantee the ability or intent of the Assessors to fulfil their obligations in any transactions.
b. As we cannot control the information provided by the Assessors or the Service provided to you or any third party by the Assessors we do not guarantee or endorse the authenticity, quality, safety or legality of any Assessor or the Services provided or purported to be provided by the Assessor, or the ability of the Assessor to complete the transaction.
c. When you engage an Assessor to provide a service to you through the Site, the Assessor is the provider of this service and not moeber
d. The Assessor is responsible for the service provided to you.
e. We do not warrant that the service provided by the Assessor will be fit for purpose.
f. Any further on incremental services carried out at your request directly to the Assessor will be a matter between you and the Assessor.

11. Disclaimer and Indemnity

1. The Website and all information, content, material, products made available to you through the website are provided by us on an ‘as is’ and ‘as available’ basis, unless otherwise stated in writing. We make no representation or warranties of any kind, express or implied, as to the operation of its services, or the information, content, material, products or other services included in or made available to you through the Website, unless otherwise stated in writing. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, moeber DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. moeber DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
3. Where jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers may not apply to you, and you may have additional rights.
4. This clause is not intended to exclude or limit any rights which you may have under the Sale of Goods and Supply of Services Act 1980.
5. This Site will include links to other Internet sites, including those of other businesses, where other terms and conditions will apply. We will not be liable for any content on these sites or any of your dealings with the businesses that may operate them
6. You will at all times indemnify, and keep indemnified, moeber and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms
7. This Site is established in Ireland in accordance with the laws of Ireland and will be governed by the laws of Ireland. Through your use of the Site, that any information on the Site, and your use of the site will be governed by the laws of Ireland and if any dispute arises from your use of the Site or any of the information on it, you agree to allow such dispute to be heard in the Irish courts.

12. Third Party Links

Some pages on this Site contain links to web sites not owned or maintained by us. We will not be responsible for any information contained on these Third Party websites. Further, you will not benefit from any protections contained in these Terms and Conditions. To include but not limited to Data Protection matters.

13. Copyright

All content included in or made available through the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of moeber or its content suppliers and protected under international copyright law. The unauthorised use of Copyrighted material from the website is strictly prohibited.

14. Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the website are trademarks of moeber. Trademarks may not be used without the expressed written authority of us. The unauthorised use of the moeber trademarks is strictly prohibited.

15. Force Majeure

We will not be liable to you for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutory obligation or executive order, industrial disputes of any kind (whether or not involving our employees), fire, lightening, explosion, flood subsidence, weather of exceptional severity, internet outages and disruptions and acts or omissions of persons for whom we are responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with our performance of this Agreement, each party shall be excused from performance of its obligations.

16. Severability

Any provisions of this Agreement which are prohibited or unenforceable will be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions

17. Transfer and Assignment

If we merges, sells or otherwise changes control of its business or this website to a third-party, we reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.

18. Waiver

The failure by us to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

19. Governing Law

a. The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our website or any Order placed on the website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.
b. Irish Laws apply to the use of this website, even if access to the website is being made from outside the Irish jurisdiction.

20. Complaints

a. If you have any complaints in relation to service, please write to us at:
Carlow Gateway Business Centre
Athy Road
Carlow

21. Questions

If you have any query about these Terms and Condition, please do not hesitate to contact our Customer Support Team on: 059 916 9121. In order to assist in dealing with the matter quickly, please have your Email confirmation number to hand.