This document (together with the documents referred to in it) sets out the terms and conditions on which you may apply for and receive a Certificate of Irish Heritage (a “Certificate”) and a frame (if applicable) and/or a voucher allowing a third party to apply for an receive a Certificate (a “Voucher”) (together the “Products” and each a “Product”) via www.heritagecertificate.ie (the “Site”). If you are applying for a Certificate whether for yourself or a third party you must complete an online application (an “Application”) before you can proceed to purchase the Certificate. You must tick the box to indicate your acceptance of these terms and conditions in order to purchase any Product (including a Certificate) on the Site.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. In the case of an application for a Certificate, the Application completed by you shall be incorporated by reference into these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if do not tick the box to indicate your acceptance of these terms and conditions you will not be able to purchase any Products from our Site.
1. Information about us
1.1 FEXCO is a private unlimited liability company registered in Ireland under company number 83934 and with its registered office at FEXCO Financial Service Centre, Iveragh Road, Killorglin, Co Kerry (referred in this document as “We”, “Us” or the “Concessionaire”). FEXCO operates the Certificate of Irish Heritage Scheme (the “Scheme”) on a concession basis on behalf of the Táiniste and Minister for Foreign Affairs and Trade (the “Minister”) and in particular we administer and manage the Site (www.heritagecertificate.ie.)
2. Your status
By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. The contract between us (the “Contract”) will be formed when your credit card has been successfully charged by us. Orders for Certificates are subject to confirmation by us that you or the third party (the “Third Party”) whose details you provided in relation to an application for a Certificate have met the necessary requirements for acceptance under the Scheme. Orders for Products other than Certificates are subject to availability. In particular, frames are supplied by a third party and are offered as a Product by the Concessionaire as an additional service under its agreement with the Minister.
3.2 Once your application for a Certificate has been reviewed by us we will give you confirmation by email as to whether your Application has been accepted or not. You will receive another email from us to confirm when the Product you ordered has been dispatched (the “Dispatch Confirmation”).
3.3 In the case of an Application, receipt of a Dispatch Confirmation includes confirmation that your Application has been reviewed by us and has been accepted on the basis of the information supplied.
3.4 If, following our review of your Application and any copy documentation accompanying that Application, we form the view that a direct ancestral connection with the island of Ireland is not adequately demonstrated, we will notify you accordingly and you will not be charged for your application. You may appeal such a decision in accordance with Clause 6.
3.5 The Contract will relate only to those Products which you have ordered and which are available. We will not be obliged to supply any other Products which may have been part of your order until the Products are available and dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Availability and Delivery
4.1 We will use our best endeavours to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 We accept no liability for damage to any Products or any delay in delivering Products arising as a result of the actions of a third party or by virtue of local conditions save that if we receive notice of non delivery or damage in transit from you within 42 days of the date of the Dispatch Confirmation we will refund you the amount paid for the Products. This shall be your sole remedy in these circumstances.
4.3 No change in shipping address may be made after the Dispatch Confirmation has issued to you.
5. Risk and title
5.1 The Products will be yours and will become your responsibility from the time of delivery to you assuming that payment has been made in full for the Product(s) and any applicable delivery charges. If payment has not been made in full or if payment is withdrawn (for whatever reason) title in the Products remains in our name until such payment is made in full.
5.2 However, if information comes to our attention at any time prior to delivery of the Certificate to you which indicates that information contained in the Application or in any copy documentation accompanying the Application is incorrect, untrue or inaccurate we reserve the right to refuse to deliver the Certificate and to refund the amount paid by you in respect of that Certificate. You may appeal any such decision in accordance with Clause 6 below.
6. Appeal Procedure
6.1 If your Application is refused in accordance with Clause 3.4 or we form the view, prior dispatch in accordance with Clause 5.2, that information contained in your Application or in any copy documentation accompanying the Application is incorrect, untrue or inaccurate you may appeal that decision within 6 months of the date of your application, by sending an email, setting out the basis of your appeal to [email protected].
6.2 Your application and our decision with regard to that application will be reviewed by a member of our staff not involved in the original decision to refuse your application.
6.3 You will be informed within a reasonable time of the outcome of the review of your application on foot of your appeal
6.4 If you are not satisfied with the outcome of this review you may make an appeal to an officer of the Department of Foreign Affairs and Trade by contacting [email protected] in the first instance. The decision of this officer shall be final and binding.
6.5 You will not be charged for any appeal under this clause 6.
7. Price and payment
7.1 The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
7.2 VAT will be charged on the supply of Products within the European Union.
7.3 Product prices and delivery charges are liable to change from time to time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.5 Payment for all Products must be by credit card. We accept payment with VISA and MasterCard.
7.6 Your credit card will be charged at the time you place your order for a Product. If your Application for a Certificate is not successful you will be refunded the price of the Certificate in full.
8. Our refunds policy
8.1 You may return a Product to us (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective) if you notify us by email of your decision within 7 days of delivery of the Product to you by sending an email to [email protected]. You must return the Product in its original condition and packaging within 21 days of the date your notice to us. We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full including any applicable delivery charges incurred in delivering the Product to you.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Data Protection
9.1 The Minister is the data controller, for the purpose of the Data Protection Act 1988 and 2003, of personal data which is received and processed for the purposes of consideration of Applications and granting of Certificates and this Site. Further details on this processing is set out in this Site’s Privacy Policy.
9.2 In operating the Scheme, the Minister has established a service concession which is operated on behalf of the Minister by the Concessionaire. The Concessionaire is a Data Processor (for the purpose of the Data Protection Acts 1988 and 2003) of personal data that is processed under the Scheme and this Site. Further details are set out in this Site’s Privacy Policy.
9.3 By proceeding to use this Site you consent to the processing of the personal data you provide as part of the Application (including data that you may provide relating to a Third Party), as defined in the Data Protection Acts 1988 and 2003, collected from you in accordance with our Privacy Policy. In particular, the Minister, the Department of Foreign Affairs and Trade (the “Department”) acting on behalf of the Minister and the Concessionaire may use information it holds about you for the purposes of:
(a) the Scheme (including the making of a decision with respect to your eligibility for the granting of a Certificate with respect to yourself or to a Third Party and to facilitate the issuing of a Certificate); and
(b) to contact you if required in connection with your Application or to respond to any communications you might send regarding the Scheme; and/or
(c) to contact you, if you have so consented, with information about topics, goods and services relating to Ireland which the Minister feels may be of interest to you or to inform you of events or other activities which might be of interest (such as information in relation to Irish tourism, arts and culture, financial services and doing business in Ireland). Such information will be provided by the Minister via the Concessionaire in partnership with other government bodies such as Government Departments, agencies under the aegis of Government Departments (such as Culture Ireland and the Central Statistics Office) or State Sponsored bodies (such as Tourism Ireland, Enterprise Ireland, IDA Ireland or the National Treasury Management Agency.
9.4 In particular you agree that:-
(a) the following personal information:-
a) Forename and surname;
b) Home address including zip code;
c) Email address;
d) Contact telephone number;
e) Date of birth;
f) The Forename and Surname of a Third Party (if applicable);
g) A delivery address for a Third Party (if applicable);
which you provide in the course of your Application shall be retained by the Minister for record purposes, e.g. to record applications received and Certificates issued;
(b) details of your gender (if provided) and any other information provided by you (the “Generic Data”) shall be retained by the Minister for statistical purposes; and
(c) the Generic Data collected in connection with your application under the Scheme will be aggregated by the Department as a means of analysing information about the Irish diaspora and their interest, both in the Scheme and in Ireland generally.
10. Warranty
10.1 We warrant to you that any Product purchased from us through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. Our liability
11.1 We accept no liability for any details printed on a Certificate which conform to those details which have been entered by you in the Application and certified as being true, accurate and complete in all respects.
11.2 Subject to clause 11.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.3 Subject to clause 11.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits.
11.4 However, this clause 11.4 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not otherwise excluded under these terms and conditions.
11.5 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
12. Local Laws
12.1 If you order Products from our Site for delivery outside Ireland, they may be subject to local laws, import duties or other taxes or obligations which are levied when the delivery reaches the specified destination. Please note that we have no knowledge or control over these arrangements.
12.2 Please note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Notices
All notices given by you to us must be given to FEXCO at [email protected]. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Site or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government; and
(f) pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this clause 17 above.
18. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ireland.