Terms and Conditions


General:- Visitors to mkf.touchtakeaway.net are asked to read our Terms and Conditions in full. Individuals, who do not read these terms and conditions should exit this website. Mc Kenna Fuels reserves the right to change the terms, conditions and notices under which Mc Kenna Fuels goods are offered.

Copyright

All images are for illustration purposes only. All images, text, graphics, web site design, visual and audio clips are copyright of Mc Kenna Fuels unless otherwise stated, and you are not authorised to copy, reproduce or alter these images without prior written consent from Mc Kenna Fuels

Notification of Copyright Infringement
Mc Kenna Fuels will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a Notice containing the following elements:
• a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
• a description of the location of the material that you claim is being infringed;
• information sufficient to permit Mc Kenna Fuels to contact you, such as your physical address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

You can notify Mc Kenna Fuels of any claims of copyright infringement at the following address:
Mc Kenna Fuels, Main Street, Emyvale, Co. Monaghan.

Trademarks
Mc Kenna Fuels and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade address of Mc Kenna.All other trademarks, product names and company names or logos cited herein are the property of their respective owners ('Third Party Trade Marks'). You are not permitted to use the Mc Kenna Fuels Trademarks or Third Party Trademarks without the prior written consent of Mc Kenna Fuels or such third parties that may own the Trademarks.

Links Mc Kenna Fuels may choose to provide links to sites owned by Mc Kenna Fuels and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with Mc Kenna Fuels. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Mc Kenna Fuels has no responsibility or liability for these third party sites.

CardHolder Responsibility
All Mc Kenna Fuels customers (hence referred to here as the cardholders) are responsible for notifying their banks in the event of any issues with charges relating to Mc Kenna Fuels transactions. It is the responsibility of the cardholder, following a transaction with Mc Kenna Fuels, to ensure that all the details regarding payment are accurate. Mc Kenna Fuels therefore, takes no responsibility for issues surrounding fradulent activity on customer cards or online payment accounts. All payment transactions take place outside of our website with trusted secure payment service providers. We do not gather any card information during your payment process. Any and all disputes regarding transactions should therefore be taken through your financial institution for resolution. Abnormal activity on your bank account is your personal responsibility & is unrelated to the actions of any Mc Kenna Fuels staff or services. All of Mc Kenna transactions and digital content are governed by Irish law, and any disputes remain under Irish jurisdiction. In the case of any disputes, contact a solicitor to engage in the proper legal proceedings relating to the jurisdiction.

Use of the Site
Users agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Indemnity
You agree to indemnify and hold Mc Kenna Fuels, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor's fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

Limitation of Liability
To the fullest extent permitted by applicable laws, neither Mc Kenna Fuels nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Mc Kenna Fuels have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Mc Kenna Fuels total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Governing Law
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Republic of Ireland whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the Republic of Ireland do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under the law of the Republic of Ireland.

Disclaimer
Mc Kenna Fuels has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Mc Kenna Fuels makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Mc Kenna Fuels reserves the right to change price and availability information without notice. Mc Kenna Fuels shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site. Mc Kenna Fuels reserves the right to decline orders for bulk or high value purchases. No exclusions of Mc Kenna Fuels liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Mc Kenna Fuels or any of its directors, employees or agents or fraudulent mis-statement.

Alterations
We may amend this website and our services at anytime with or without notice to you.

Website availability
Mc Kenna Fuels will use all reasonable endeavours to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. Further, by using this website and any substitute, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Mc Kenna Fuels and if Mc Kenna Fuels is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Mc Kenna Fuels shall be excused the performance for so long as such a situation endures.

Miscellaneous
The Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between Mc Kenna Fuels and you. No advice or information, whether oral or written, obtained by you through or from the web site or from any conversations with our staff will operate to vary these terms and conditions. The Terms and Conditions of website usage together with our Help Section and Privacy Policy and all contracts made under them shall endure for the benefit of any successors and assignees of Mc Kenna Fuels.
Prices:- Prices are inclusive of import Customs/Excise Duty (if any) at the appropriate rate and any variation of duty at any time is for The Buyer's account. If you are outside the EU (European Union), export Customs/Excise Duty will be charged at the appropriate rate.
Terms of Payment:- Unless expressly provided for otherwise in writing terms of payment are strictly 20 days from date of invoice. The Company (Mc Kenna Fuels) reserves the right to withhold further deliveries if these terms are not complied with and imply a late payment fee (as stated in Directive 2011/7/EC of the European Parliament).
If The Company (Mc Kenna Fuels) decides to refer an overdue amount to our debt collection agency, the cost of their services will be added to the debt. If The Company (Mc Kenna Fuels) have to instruct them further to request a summons, judgement, warrant etc., the charges for the extra services together with interest will also be added to the debt as well as a late payment fee (as stated in Directive 2011/7/EC of the European Parliament).
General:- If The Buyer's official order forms contain special printed conditions, such conditions are binding only insofar as they are not at variance with the terms and conditions mentioned above.
Law:- The construction, validity and performance hereof shall be governed by the Law of the Republic Of Ireland or H. M. Government. Buyer's insolvency and Retention of Title until payment in full to the Company for the goods.
a. Retention of Title: Unless otherwise agreed, risk in the goods shall pass to The Buyer on delivery thereof. Property of the goods shall pass to The Buyer when payment is made by The Buyer to The Company (Mc Kenna Fuels) of all sums due, or of when risk passes to The Buyer, whichever is the later. When the goods, the property of The Company (Mc Kenna Fuels), are delivered to The Buyer, The Buyer may sell such goods in the course of ordinary business but shall hold the proceeds of any such sale on trust for The Company (Mc Kenna Fuels) until payment by The Buyer to The Company (Mc Kenna Fuels) of all sums due. If The Buyer fails to make a payment to The Company (Mc Kenna Fuels) of all sums due, The Company (Mc Kenna Fuels) may without further notice enter upon the premises of The Buyer and remove forthwith the products delivered and in respect of which The Buyer has failed to make payment.
b. The Buyer may sell the goods in the normal course of his business, but shall hold and pursue claims from the proceeds of their sale equal to the price of the price of the goods for and on behalf of The Company.
c. If The Buyer shall become insolvent or bankrupt, or make any composition or arrangement with creditors, or being a company shall have a receiver appointed, or enter into Liquidation whether voluntary or compulsory, or if any execution or distress shall be levied against The Buyer's goods then The Company (Mc Kenna Fuels) shall have the right to recover the possession of the goods, the property in which has been retained under this clause, and The Company (Mc Kenna Fuels), or its duly authorised representatives, shall have the right to enter the premises where the goods are stored for this purpose.
FORCE MAJEURE: Mc Kenna Fuels shall not be under any liability to The Buyer if and so far as the fulfilment of any order by The Buyer, in the whole original part, shall be prevented, reduced, hindered or delayed by any circumstances whatsoever which are not in the immediate control of Mc Kenna Fuels, including without limiting the generality of the foregoing: strikes or lock-outs, labour disputes of any kind, partial or general stoppages of labour, refusals to perform any kind of work, or acts of sabotage (whether any of the foregoing relate to Mc Kenna Fuels own employees or to others), war rebellion, insurrection or hostilities (whether involving the Irish Republic/Northern Ireland or not), acts of God; or any local or national emergency (or the threat or apprehension of any of the foregoing events), fires, floods, storms, riots, compliance with any order or request of Government, or of any national provincial port or any other public authority or of any person purporting to act for such authority, the failure of carriers or transport agencies, break- down or of accident to plant, machinery or facilities or failure of or any shortage in any Mc Kenna Fuels existing or contemplated sources of supplies or means of delivery howsoever same may have been caused and whether such failures are shortages be existing or apprehend by Mc Kenna Fuels and further provided that if at any time (but only at such time) by reason of any one or more of the causes herein specified, there is a shortage in the supply which Mc Kenna Fuels would reasonably have expected otherwise to receive then in that if at any time (but only at time) by reason of any one more of the causes herein specified, there is a shortage in the supply which Mc Kenna Fuels would reasonably have expected otherwise to receive then in that event the Buyer shall be entitled to purchase such supplies from other sources to the extent necessary to make good shortage but shall at once notify Mc Kenna Fuels in writing of the source, extent and nature of such extraneous supplies.


We do not store credit card details nor do we share customer details with any 3rd parties.
Privacy:- We do not store credit card details nor do we share customer details with any 3rd parties.
By using the Mc Kenna Fuels website you agree to our websites privacy policy. If you do not agree to these terms, please do not access or use this site.

Collection of Personal Information
When visitors engage in certain activities on our website, such as making enquiries, ordering products your personal profile is maintained in a secure file server. It is completely optional for visitors to the Mc Kenna Fuels website to engage in these actives. You may be required to supply personal information such as your name, contact details and address, when ordering products from our website we use a secure payment system Paymentsense and Mc Kenna Fuels does not hold any customer credit card details.
When you submit personal information to Mc Kenna Fuels it is to ensure that the information collected by Mc Kenna Fuels is used to support your participation in the activities you select. Incidents in which this would occurs would be when registering and purchasing products. In the case of purchasing products the information is used to identify you when you collect your products from us.

Data Protection Policy
Mc Kenna Fuels will hold and use your personal data strictly in accordance with data protection rules as set by the Data Protection Commissioner (www.dataprotection.ie)
1. Obtain and process the information fairly
2. Keep it only for one or more specified and lawful purposes
3. Process it only in ways compatible with the purposes for which it was given to you initially
4. Keep it safe and secure
5. Keep it accurate and up-to-date
6. Ensure that it is adequate, relevant and not excessive
7. Retain it no longer than is necessary for the specified purpose or purposes
8. Give a copy of his/her personal data to any individual, on request.

Mc Kenna Fuels uses secure transaction technology provided by Paymentsense and does not hold any customer card details on any server used by Mc Kenna Fuels at any time. When you are asked to enter any personal details or credit card information the web site will be secure. Your card number will be encrypted and replaced by a unique transaction reference number. Personal information other than credit card details are maintained in a password protected internal secure server, accessible only by a limited number of authorised employees.


Delivery:- Deliveries are made by our transport or designated contractor to the nearest point on the road to where the materials are required, as a safe hard road permits.
The Buyer is to provide free of charge, the labour required for unloading and stacking. Deliveries are made on the understanding that Mc Kenna Fuels disclaim any responsibility for the material after it has left our control.
If The Buyer requires our driver to take Mc Kenna Fuel's vehicle over paving, on to private drives or anywhere not on the primary roads, they, The Buyer, does so at their own risk and will be held liable for any damage incurred by or to The Mc Kenna Fuel's vehicle.
Mc Kenna Fuel's drivers and contractors have instructions not to deliver goods if The Buyer does not agree to the above conditions.
If on any delivery The Buyer or any representative of The Buyer, whether or not for the purpose of verifying Mc Kenna Fuels measurement of quantity for that delivery mounts any vehicle used in that delivery The Buyer or their representative (as the case may be) shall do so at their own risk and Mc Kenna Fuels accepts no responsibility whatsoever before.


Cancellation:- Goods made to special order cannot be cancelled.
Acceptance. Orders are accepted and terms for delivery given conditional on our being able to secure the necessary labour and material without responsibility for delays arising through causes beyond our control. Containers:-: Containers shall not be returned unless stated as returnable. The Company (Mc Kenna Fuels) can charge The Buyer a deposit/circulation costs for packaging material such as cases, crates, boxes, bottles, barrels, pallets, etc., which are not designated for one-time use, payable together with the payment of the delivered goods. The deposit will be set off with The Buyer upon return of the packaging materials provided that they are still in good/undamaged condition, this is judged exclusively at The Company’s (Mc Kenna Fuels) discretion. The Buyer must return the packaging to The Company as soon as possible, but within 3 months of the date of delivery at the latest. If the packaging material is not returned on time, the Company will no longer be obliged to accept the return of the materials and The Buyer will no longer be entitled to set off the amount of the deposit. This return will take place at The Buyer’s expense and risk. Packaging returned to The Company (Mc Kenna Fuels) on a Cash-On-Delivery basis can be refused by The Company (Mc Kenna Fuels). All related costs will be borne by The Buyer.
Returns:- The Company will accept goods returned for credit only by prior agreement and all goods returned will be subject to 15% re- stocking charge.
Refund:- To provide the best customer satisfaction, we provide the following solutions. Feel free to contact us if you have any questions regarding the Return & Refund Policy by using the contact details below. Preparation of your order can begin immediately after your order has been confirmed. We cannot accept cancellations once your order has been confirmed.
If you receive an order that is different from your receipt, we sincerely apologise. Please call us as soon as you notice that there was an error in your order.
For credit card payments, you will be refunded the sales price amount associated with the error and recharged for the new items price. For cash payments, you will be asked to pay the difference of the balance if the new product has a greater value than the product received in error. In the same way, you will receive the difference of the balance back as credit for the new product if less than the product received in error. In some cases, we may offer you a store credit. Your order will be priority if you come to pick it up. In all cases, please return the product ordered in the original container(s)* to our host. In the rare occasion that you do not receive the product that is on your receipt, we will make it up to you. Please call us as soon as you notice that any items were not received in your order. You may cancel the missed product before we prepare it without any question, and we will refund the amount to a credit/debit card or we will refund you with a store credit. No cash refunds.


Age Policy:- Age and Capacity: When you place an order using https://mkf.touchtakeaway.net/ online ordering website and the Mobile Application for this service, operated by Mc Kenna Fuels , you warrant that you (a) are at least 18 years old and (b) are legally capable of entering into a binding contract with using https://mkf.touchtakeaway.net/ online ordering website and the Mobile Application for this service.


Contact Us:- You can contact Mc Kenna Fuels by the following methods: Email: mckennafuels@gmail.com | Phone: 00353(047)87022 | Postal Address: Main St., Emyvale, Co. Monaghan H18-WP52

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