Terms & Conditions

This Website is owned & operated by JH McLoughlin & Co Ltd, 
Ballymany, Newbridge, Co Kildare. W12XK84. Ireland Tel 045 447291.

General Terms and Conditions

We invite you to print out these Terms & Conditions, or we can e-mail these to you on request. Please request the “Terms & Conditions” from our Customer Service Centre. 
YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY OUR TERMS AND CONDITIONS.

By purchasing from MCLDirect.com you are entering into a legally binding contract and the following terms and conditions apply: All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or place an order through this site.

Trading names,   MCLDirect.com  Newbridge Auto Parts  – McLoughlin Cycles – are Trading Divisions of JH McLoughlin & Co Ltd. Ireland.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of J.H. McLoughlin & Co Ltd. The collective work includes works that are licensed to J.H. McLoughlin & Co Ltd.. Copyright 2003, J.H. McLoughlin & Co Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with J.H. McLoughlin & Co Ltd. or purchasing J.H. McLoughlin & Co Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with J.H. McLoughlin & Co Ltd. or to purchase J.H. McLoughlin & Co Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by J.H. McLoughlin & Co Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of J.H. McLoughlin & Co Ltd. used in the site are trademarks or registered trademarks of J.H. McLoughlin & Co Ltd.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, J.H. McLoughlin & Co Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. J.H. McLoughlin & Co Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. J.H. McLoughlin & Co Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
J.H. McLoughlin & Co Ltd. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if J.H. McLoughlin & Co Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a J.H. McLoughlin & Co Ltd. product is mistakenly listed at an incorrect price, J.H. McLoughlin & Co Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. J.H. McLoughlin & Co Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, J.H. McLoughlin & Co Ltd. shall issue a credit refund to your credit card account. 

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by J.H. McLoughlin & Co Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
J.H. McLoughlin & Co Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to J.H. McLoughlin & Co Ltd..

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the Republic of Ireland, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of J.H. McLoughlin & Co Ltd. products) shall be in the Republic of Ireland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of J.H. McLoughlin & Co Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. J.H. McLoughlin & Co Ltd.’s failure to insist upon or enforce strict performance of any provision of these terms and 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 of these terms and conditions. J.H. McLoughlin & Co Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a J.H. McLoughlin & Co Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Assembly
Please note that Items such as Bicycles , Furniture, Karts, Trampolines and Sheds and others are sold flat packed and will require assembly by you or a competent person. All Garden Sheds and structures must be assembled by a competent person and should be anchored correctly to the ground. Please note that if your are doing any Building work to prepare the ground for your Shed that you should hire a competent builder and always ensure that a Correct Damp proof membrane (DPM) is Installed into the Floor. Also ensure that no water from outside the Building can enter inside your Shed. Failure to install a correct base, DPM and failure to anchor your building may lead to condensation occurring in your building.

Participation Disclaimer
J.H. McLoughlin & Co Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, J.H. McLoughlin & Co Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, J.H. McLoughlin & Co Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to J.H. McLoughlin & Co Ltd. in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless J.H. McLoughlin & Co Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, J.H. McLoughlin & Co Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with J.H. McLoughlin & Co Ltd., J.H. McLoughlin & Co Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of J.H. McLoughlin & Co Ltd.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, J.H. McLoughlin & Co Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

SHIPPING


We are based at Ballymany,Newbridge,Co Kildare, Ireland.

We deliver Orders (Heaters and ROLF Oil) using a Nationwide third Party Signed for Courier Delivery System. 

Some of the Items we sell are priced on a  free Shipping basis in Ireland. We are based in Ireland and our pricing is based on delivery within Ireland both North and South.  We are very happy to Ship goods to the UK Mainland and to the rest of Europe. However we cannot offer Free Delivery on Items outside of Ireland especially bulky Items such as Garden Sheds, Furniture, Drums of Oil , Go Karts etc. If you are are from the UK Please phone us on 00353 45 447291 or email info @ jhmcloughlin.com and we will get you an accurate quote for the delivery . We will do our best to make it as reasonable as possible based on your post code. We will come back to you and agree a reasonable Surcharge on the Price of the goods. For Example the Extra Cost of Shipping a Berg Go Kart to the UK might be 75 Euros depending on weight.

Note on Islands Deliveries. Our Shipping Charges are for delivery the Maniland Ferry Terminals in Ireland. Our Heaters & Sheds are popular on Islands. Unfortunately the cost of shipping goods to islands will increase your delivery costs. Again if you phone us before placing your order we will get you a quote. 

With an order that we receive on a working day before 1pm we will always try to ship your order to you that same day for delivery on the next working day. 

Please note that you should ensure that an competent person is present to sign for & to take charge for your delivery. 

Please note that during busy periods or due to circumstances beyond our control (Floods, Traffic Etc) your delivery may take an Extra working day to arrive. 

Please Note that Some goods are delivered by our Couriers on  Pallets & in Large Boxes.  Neither Ourselves or the Couriers take back the Pallets or the Boxes. The Disposal of the pallet, Cardboard Boxes, & Packaging is the responsibility of the Buyer. 


Please try to give us clear address Instructions to assist the Courier to find your Address. If your address is not easily found perhaps you would nominate a relative or friends house that the courier will find easier to locate. 

If the courier is unable to make contact with you  and has to drive away to arrange the delivery it could lead to extra delivery charges being charged for the delivery to be attempted again. 

Delivery
We deliver our orders by a third party courier on their own Trucks Nationwide! Pallets are delivered to your Kerbside outside your property.

The courier may have a Tail lift on his rigid Truck and a hand Pallet Truck to move the Pallet off the tail lift.

The couriers Truck is approximately 16 foot high 10 Foot Wide and 30 Foot Long. Please be present during the delivery to guide the delivery driver and to take charge of your wrapped pallet. Please ensure that there are no children or onlookers near or around the truck during the delivery.

If you decide to invite the couriers driver to drive into your property please ensure that the couriers Trucks can easily access it and that your drive ways and turning areas are designed for his type commercial truck. The driver may decline if he is not happy. If you have a smooth solid yard the delivery driver may try push the Pallet Truck a short distance close to where you want the pallet. Please note that the Drivers Pallet Truck cannot travel at all on rough or uneven ground – Gravel, Stones, Cobblelock or Grass.

Our Returns Policy

We will accept back products provided that they are returned to us unopened in original Packaging ” As New Condition” condition within 7 days of being purchased. Transport costs for the return of any product is the buyers responsibility. Please also note that where you Purchased a Product with a Free Shipping Charge to you that if you return the Product that the original actual cost of shipping the product to you which we paid the courier will be deducted from the refund amount that we return to your Credit Card. We will also deduct the Charge that Credit Card company made on the Original Sale which is 2% of the Invoice. There is a minimum additional handling & repacking charge on all returns of 10%. This is because a product that has been sold & shipped out cannot be sold as a new.

Special Note on Heaters. Please note that Heaters must be packed and returned as they sold and both the Main Fuel Tank and the bottom Inner Fuel Tank must be completely empty of Liquid Fuel. If this is not done the heater will be damaged in transit and we will be unable to make a refund. Heaters must always be transported and stored in a up right position. We are unable to offer refunds on containers of fuel that have been opened or those with a broken seal.

The Guarantee on all our Heaters sold by ourselves via this Website or in our shop at the Prices displayed is 12 Months from the Invoice Date. Its a parts and labour guarantee and does not include any shipping. Items Such as Wicks and Ignitors,Glass Globes & Burner Mats are never covered under warranty or Guarantee.

Please note that if you use the incorrect type of fuel in your Heater that there is no warranty and we will not service or repair your Heater. The correct Fuel to use is Paraffin Oil that Exceeds C1 Grade Paraffin to British Standard B.S. 2869 C1. The Correct Heater Fuel should have a Flash Point above 62 Degrees Celcius. Examples of this Correct Fuel are MCL R.O.L.F or Paraffin Extra or Zibro Toyotomi or Qlima  Heater Fuel. Do not use Domestic Kerosene Heating oil or any other fuel. Please ensure that you read the documentation that is supplied with your Heater.

Please also note that all Instruction Books & Manuals & Accessories that were included with the product must be returned.

Returned products must be delivered during office working hours Monday to Friday. 9 to 6pm Closed 1 to 2pm . Our Shop Manager 045-447291  will check through the goods in your presence and a receipt will be issued to you by our Shop Manager.

The return address is JH McLoughlin & Co Ltd, Ballymany, Newbridge. Co Kildare. W12 XK84  Ireland. Tel 045 447291 

Sales TAX / VAT  / TVA and your Invoice.

Your VAT Invoice will be supplied with your product. The Invoice will be Printed on JH McLoughlin & Co Ltd Trading as Newbridge Auto Parts Paper. Newbridge Auto Parts & McLoughlin Cycles are Trading Divisions of JH McLoughln & Co Ltd.

All deliveries within the European Union are subject to Irish (Republic of Ireland)  IE  VAT: The Main or Standard  VAT Sales Tax Rate in use in Ireland is 23% VAT for most goods and services. Heating Fuels are 13.5%. 

JH McLoughlin & Co Ltd trading as MCLDirect.com offers goods and services including VAT regardless of nationality or country of origin or destination of the customer.

JH McLoughlin & Co Ltd trading as MCLDirect.com  offers goods and services free of VAT conditionally (*) to verified VAT registered companies located within the European Union, outside of Ireland.

JH McLoughlin & Co Ltd trading as MCLDirect.com  applies VAT to goods and services (including shipping fee) to individuals located in or with delivery address within the European Union.

 Non EU Exports.

JH McLoughlin & Co Ltd trading as MCLDirect.com  does not apply VAT to goods and services (including shipping fee) to individuals or companies situated in or with a delivery address in countries outside the European Union. 

Examples of such Countries are ; USA, Canada, Australia, Japan, New Zealand.

Customers situated in or with delivery address in countries outside the European Union are responsible for proper import documentation and permits and the payment of applicable import duties, taxes and import handling.

      (*) Customers are empowered and designated representatives of the company and show proper identification as such.

           The Table below shows the applicability of VAT application and exempts as described above.

Resident Business to BusinessPick-up fromDelivery destinationVAT charged 
      
EUNoshop Yes 
EUNo EUYes 
EUNo Outside EUNo 
EUValid VATshop NoConditional
EUValid VAT EUNo 
EUValid VAT Outside EUNo 
Non-EU  EUYes 
Non-EU  Outside EUNo

Cancellation of Paid for Credit Card Orders.
We will always try to be reasonable about this but please understand that when a Credit Card Transaction (Your Original Order) is placed online via the System that we are immediately charged 2% commission by the Credit Card Company and that they do not return this when we do a refund. We would therefore be at the loss of this 2%.
Orders that have been paid for but not shipped are subject to a Credit Card Cancellation fee of 2%. A Credit note will be issued to you for Orders that have been ordered & paid for but not shipped. You can use this Credit Note to purchase an alternative product from our store.

Reporting Damages or Missing Goods. These must be reported immediately in writing when the goods are received and signed for by you. If you are not satisfied with the goods or the packaging etc then please do not sign for the goods and ask the courier to return them. Please photograph the Packaging and the goods and Email them to us at info at Jhmcloughlin.com

Dimension Sizes. 

All Dimension Sizes used in Descriptions are Nominal and for Guide Use only.  Garden Sheds are quoted  based on their Nominal Outside Size suggested by the Manufacturer.

Usually the Size quoted is the Out Side Corner Points of the Roof.  So the Inside of the Shed can be smaller.  This Syntax is adopted  because if the Inside Size was quoted then Shed might not Fit into Gaps that Customers have prepared for the Shed in their Garden. Please look to the Detailed Dimension Sizes in the Shed Description.  Some Brands quote these in Metric Other in Imperial Sizes.  

Heaters

ROLF Means Reduced Odour Liqiuid Fuel. Only use the correct ROLF Paraffin Fuel in your heater. The Correct Fuel must Exceed C1 Grade Paraffin to BS 2689. Examples of this Correct Fuel are Toyotomi Clear and Plus  and Paraffin Extra Fuel. The Flash Point of the Fuel should exceed 62 Degrees Celcius. You must never use Kerosene Heating oil in your Heater. Domestic Kerosene is a Hazard and may  damage your Heater and void its warranty. It will also affect the Performance of the Heater and for Health and Safety reasons is not the correct fuel to use. You must not use your Heater in a Bedroom, Tent, Portacabin, Mobile Home, Caravan or Boat or Sleeping Area. You must ensure that the room that the heater is being used in has adequate ventilation to Fresh In-comming Air. We recommend that regardless of what Heater Appliance whether Paraffin Heater , Gas Cooker, Open Fireplace, Gas Heater or Oil heater that you fit a number of carbon Monoxide & Smoke detectors throughout your home. Store your Paraffin Oil in a Dry Storage Unit separate to your Home. Ensure that the Cap is always closed on the Marked container and store in the Upright position. Put a Competent Adult in charge of Refueling your Heaters. Keep Children Away from all Fuels and other Dangerous Tools and Goods. 

Water Barrels & Butts
We recommend that consideration be given to Safety. Barrel Lids can be Screwed closed with fixing Screws. Also you might consider strapping the Barrel to the wall to ensure that it cannot be pushed over. 

Remote Control Models.
We want you to responsibly enjoy the R.C. Model that you have purchased from us.

Please always Read the Instruction Booklet that comes with your Model. 

All Remote Control Models must only be used under competent Adult supervision at a Designated RC Flying Site or Racing Track.

Please consider your Neighbours and do not run your Model at your home. 

Please only use top Brand Batteries for Electric Radio Transmitters and Receivers. We recommend Duracell , Kodak, JCB or Panasonic Rechargeable Batteries.

Your Model is not indestructible. If you Bash it then there is no warranty cover. Also if you allow Water to ingress into the mechanical and electrical parts then you should not expect warranty cover.

We recommend that you only use your Model at a Recommended RC Site and that you Join an RC Model Club. By Joining a Model Club you will benefit from the Experience of the club Members and you will be ale to obtain Insurance cover for your RC Sport. 

Propellers and other Dynamic Moving Parts on Drones, Helicopters and Aircraft , Tanks and Cars can be dangerous so you must wear Eye Safety Glasses and you must ensure than all Bystanders are also wearing Glasses. We also recommend that when working with Propellors and Dynamic Parts that you Wear Safety Gloves.

For Flying Models you must follow the law Laid out by the Irish Aviation Authority. See their Website at www.IAA.ie 


Fuel for Nitro Engines and Two Stroke Engines is Flammable and Hazardous. Store it in a Dry outhouse Away from Children in Clearly Marked Secure Cans. 

Electrical Charges and Plugs
Ireland is a 220 Volt Country and we use the UK Standard 3 Pin Plug. Your Electrical Device will be supplied with a Charger and Plug that is what is used here in Ireland and in England. If your Local Voltage is Different and if your Plug Standard is Different you may need to buy a Local Charger and or Plug adaptor.   We are unable to Ship goods on Airfreight Couriers that contain Batteries and Chargers.  if your product contains a Charger and a Battery and if you Live outside of ireland or the UK we will remove the Battery and the Charger or Paints before we ship it.  We are Sorry about this but this is comply with IATA Airline Regulations to do with Flight Saftey. 

RC Tanks. metal Tank tracks can Scrape floor Surfaces so only use outside. Some RC Army Tanks Contain a BB Gun that shoot 6mm Airsoft BB Balls. Again you and anyone near the tank Model must wear Safety Eye Protection. 

Batteries
We recommend that any Batteries are only Charged outside in an outhouse on a Cold Hard Surfaces according to the manufacturers warranty. We recommend that you buy a Battery Charger Timer.  Again Read Carefully the instructions that come with your Product.  The Charging of batteries should be made by Competent Adults with the correct Charger. 

Different Types of RC Models

RTF Means Ready to Fly. So Everything is inside the Box. Model- Battery- Charger- Radio. V
ery little Set up required by the owner. 
RTD Means Ready to Drive. These are RC Cars and Boats again with everything insid ethe box with very little Set up required by the owner. 
BNF Bind and Fly Usually Means that the Model is from Horizon Hobbies and will Bind with their Spectrum Radios Sold Sepretely. 
PNP A Plug-N-Play electric RC plane has the motor, ESC and servos installed but is missing the transmitter, receiver and motor battery pack (& charger).
ARF Almost Ready to Fly you need to buy the radio gear, motor, ESC & battery pack (for an EP plane, or just an engine for an IC one) separately and install them yourself.

Adult Supervision Required for all RC Models. Safety Eye Protection Glasses required by all users and observers.

Please find below some Links to Clubs and Organisations where you can find guidelines and rules about how to responsibly and safely use your RC Model. 

In Particular we would ask that all users of RC Aircraft, RPAS Drones and Helicopters would consult this PDF below from the Irish Aviation Authority at their website www.iaa.ie 

The IAA Website on Remotely Piloted Aircraft Systems


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