O’Mahony’s terms and conditions
Please have a thorough read of our terms and conditions and ensure you understand them before ordering any products at omahonysbutchers.com. Please note that when you order any of our products, you enter into a contract with us and agree to be bound by the terms listed below.
Your use of this website implies that you accept our terms and conditions whether or not you register with us or place an order. If you do not agree to these terms and conditions, do not use this website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
As with all of our contracts, our terms are only offered in the English language.
Each time you order from us, you enter into a contract that is subject to the terms in place at that time. We retain the right to amend our terms at any time so please check this area for new or updated information before placing an order with us.
1. Our business and products
We own and operate this website, www.omahonysbutchers.com. We are O’Mahony’s the Market, a registered company in Ireland.
Contact info here:
All of our products listed on this website are subject to stock availability. Certain products or services may be available exclusively online through the website.
We’ve included the product images on this website for illustrative purposes only. We strive for accuracy, but because our products are made to order, there may be marginal differences between the actual specifications (sizes, weights, dimensions and measurements) of the products and what is specified on our site.
We’ve endeavoured to depict an accurate representation of the colours and appearance of our products, but the products in your order may vary slightly from the images you see on on our site.
2. Placing orders and payment
We reserve the right to decline an order for any reason.
Before finalising and submitting your Click & Collect order to us, you will be able to check for and amend any errors. Please make sure you thoroughly read each page in the ordering process. It is your responsibility to check the details of your order and ensure they are accurate before submitting your order to us.
Once your order is submitted, we will acknowledge your pending order by sending a confirmation email to you. Only once you have received this confirmation email will the contract between us be formed.
A designated order number will be included in your order confirmation email. Please refer to this order number in all correspondence with us that is relevant to the order.
Your acceptance of the order is upon collection at or shop inside The Olde English Market.
The products on this website must be paid for in advance. We have chosen a merchant processor to process all financial transactions.
We will notify you by email and cease to process your order if we are unable to fulfill your order for any reason, including stock availability. If you have already paid for the products that we are unable to supply, we will refund you the full amount as soon as possible.
3. Cancellations, returns and refunds
You must be a consumer of O’Mahony’s to be eligible for this term. The products on our website are perishable and we prepare them specifically for your order, so the right to cancel a contract does not apply. However, we realise that at some point you may need to cancel an order. If this occurs, we may be able to cancel a contract if you contact us at least two hours before the scheduled collection time.
If you receive a product from us that you believe is dangerous to consume, do not consume it. Return the product to us.
Because we supply perishable products, you cannot return an item for a refund or an exchange. However, as a consumer you are entitled to legal rights when it comes to products that are faulty or drastically different from what is described. If you return a product to us that is defective, we will give you a full refund of the faulty product. Your refund will be made in the same method and to the same account as you used to pay for your order.
4. Our ability to cancel and refund
If we are forced to cancel an order for a product before the product is collected, we will notify you as soon as possible. If you have already paid for an order that is cancelled under these circumstances, we will promptly refund the order amount to you.
Reasons that we may have to cancel an order include but are not limited to: an event beyond our control, unavailability of stock, an error in pricing or product description, failure to obtain authorisation for your payment, your failure to meet the criteria of the terms and conditions.
We create promotional offers at our discretion. We have the right to offer, withdraw, or cancel items on promotion at any time for any reason and without notice. All promotional offers are under the terms of availability and while stocks last.
Introductory 0ffers are made exclusively as one-off purchases. The supplier has the right to choose not to honour introductory offers for any reason.
If we refund a product that has been purchased while on promotion, the refund will be subject to the terms of the promotional price. This does not affect your statutory rights.
6. Collection and cancellation
Your order will be fulfilled by the scheduled collection time given in the order confirmation email. If we are unable to fulfill your order due to an event beyond our control, we will notify you as soon as possible.
The products in your order will be under your ownership once you have paid in full. They will be your responsibility once you have collected them from our shop. You are under legal obligation to keep the products from us in your possession and to handle them responsibly.
If you fail to collect your order by the end of business on the day of its scheduled collection time, we cannot guarantee that it will remain available to you. Please notify us promptly if you are unable to collect your order by the end of business on the day of its scheduled collection time. In some cases, a later collection time or a refund may be arranged, but neither is guaranteed.
If you are a consumer and want to cancel a contract, please email us at:
Cancellations made by email or letter are effective from the date the communication is received. Cancellations made by phone are effective from the date you talk to us. We advise you to retain a copy of your cancellation notification in your records.
Prices for our products are subject to change without notice, but we strive to ensure that the prices displayed on the website are accurate. However, a price my be listed incorrectly. If we find an error in the price of products in your order, we will notify you of the error. You will have the option to either pay the correct price or cancel your order.
If the prices for our products change, the new prices will not affect any order which we have acknowledged with a confirmation email, except if an error has occurred.
Where applicable, VAT is included in the price of a product at the rate currently charged in Ireland. If there is a change in the VAT rate between the time you place your order and the time you collect it, we will amend the VAT you pay if you have not already paid in full before the new VAT is established.
8. Our liability
If we fail to uphold any of these terms and conditions, our liability will not exceed the value of the products and/or services we supplied to you. We cannot be held liable for any indirect, incidental or consequential loss or damage.
The products you obtain from us are intended for domestic and private use, they are not for commercial, business or resale purposes. We do not assume responsibility for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages
Under our contract, you agree that you will not ingest the products if you have any reason to doubt their safety or you suspect them not fit for consumption.
8.2 Events beyond our control
We will not be subject to liability or responsibility if an event beyond our control occurs and we are not able to meet the obligations of a contract or we are delayed in meeting them. In such circumstances, we will contact you promptly to inform you and we will arrange a new scheduled collection time for you once the event beyond our control has passed.
An event beyond our control includes any act, event, omission or accident outside our influence. This includes but is not limited to:
- strikes, lock-outs or other industrial action by third parties
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- the acts, decrees, legislation, regulations or restrictions of any government
- impossibility of use of a utility service or public or private telecommunications networks
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of private transport
- breakdown of plant or machinery or default of suppliers or subcontractors
9. Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. Personal information
Your submission of personal information through the store is governed by our Privacy Statement.
13. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in our service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our service or on any related website, should be taken to indicate that all information in our service or on any related website has been modified or updated.
14. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless O’Mahony’s The Market Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
18. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to our service constitutes the entire agreement and understanding between you and us and govern your use of our service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Irish law. Any disputes arising in connection with these terms and conditions are subject to the exclusive jurisdiction of the Irish courts.
20. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21. Contact information
Questions about the Terms of Service should be sent to us at [email protected]