Consumer Terms of Sale - Republic of Ireland


Dear Customer
Thank you for choosing Dell. Please read these Terms and Conditions carefully.
Your purchase is from Dell Products, incorporated in Ireland – registered no. 191034 with registered office at 70 Sir John Rogerson’s Quay, Dublin 2, Ireland, or such other Dell legal entity detailed on your Order Confirmation.

1. Consumer Terms and Application

1.1 These terms and conditions govern the sale of Products and Services by Dell directly to you through Dell’s online ‘For Home’ store at www.dell.ie or through telephone orders only and are referred to as the “Consumer Terms”. The words “you” and “your” in these Consumer Terms mean you, being a individual or individuals purchasing Product(s) and/or Services from Dell for purposes which are outside your trade, business, craft or profession and with an Irish address for delivery of those Product(s) and/or Services. Please note that Dell will not accept liability for any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using Product(s) and/or Services purchased under these Consumer Terms.
1.2 If you are purchasing Product(s) and/or Services for the purposes of your trade, business, craft or profession, please refer to Dell’s Commercial Terms of sale to Business Customers.
1.3 If you are purchasing Product(s) and/or Services for in order to resell, please refer to Dell’s Terms and Conditions of Sale for Persons or Entities Purchasing to Resell.
1.4 If you are purchasing or have purchased Dell Product(s) or Services from a third party retailer or reseller, these Consumer Terms will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
1.5 If the address to which the Products and/or Services are to be delivered is outside the Republic of Ireland, please refer to Dell’s Terms and Conditions applicable to the country in which delivery is to take place.
1.6 Other key definitions in these Consumer Terms are:
“Basic Warranty” means the basic or standard warranty or service plan provided by Dell in respect of any Dell Product as set out in clause 5;
“Contract” means the contract for the sale of Products and /or Services by Dell directly to you in accordance with these Consumer Terms;
“Dell’s Online Store” means Dell’s online ‘For Home’ store at www.dell.ie
“Dell Product” means Dell branded Product;
“Dell Software” means software which is owned by Dell, and is available for purchase by you from Dell in accordance with these Consumer Terms and the applicable software licence terms;
“Description” means the descriptions of Dell Product(s) and/or Service offerings found at Dell’s Online Store;
“Intellectual Property” means any patents, registered and unregistered trademarks, registered and unregistered service marks, database rights, registered and unregistered designs and applications for all of the above, copyright, know-how, trade and business names, domain names, moral rights and any other similar protected rights in any country;
“Product(s)” means the hardware and software product(s) listed on Dell’s Online Store which Dell agrees to sell to you in accordance with these Consumer Terms;
“Services” means the services listed on Dell’s Online Store available for purchase by you in accordance with these Consumer Terms;
“Third Party Product” means any Product which is not Dell branded and is available for purchase by you in accordance with these Consumer Terms;
“Third Party Software” means software that is not Dell Software that is available for purchase by you in accordance with these Consumer Terms and applicable software licence terms.

The rights you have under these Consumer Terms are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these Consumer Terms and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

2. Order and Acceptance

2.1 You may place an order for Product(s) and/or Services directly with Dell either online or by telephone. The placing of an order by you represents your offer to buy subject to these Consumer Terms. Please note that the Contract between you and Dell is formed only when Dell accepts your order by issuing you with an Order Confirmation in writing.
2.2 Any Products and/or Services forming part of your order which are not detailed in Dell’s Order Confirmation do not form part of that Contract. If you notice any inaccuracies or errors in your Order Confirmation, you must contact Dell promptly upon receipt, and ideally immediately, so that Dell has an opportunity to correct any mistake or clarify any misunderstanding before commencing delivery/performance.
2.3 Dell may make minor changes to the specification of the Product you order if for example there is a scarcity of a particular component or for any other reasonable grounds notified to you. Any such minor change will be to at least an equivalent or better specification and will not adversely affect the material functionality or performance of the Product or performance of the Service. Any such change will be set out in your Order Confirmation. If you notify Dell of your acceptance of any such minor change to your order, or subsequently accept delivery of items listed in the Order Confirmation that are subject to a minor change, and use them (or unseal the software delivered to you), this conduct will constitute acceptance by you of any such minor change offer.
2.4 If Dell is unable to fulfil your order, Dell will notify you, and any payment received by Dell will be promptly returned.

3. Price and Payment

3.1 Dell requires payment in full prior to delivery/performance, and will suspend delivery and performance until full payment is received. The price to be paid by you will be set out in the Order Confirmation. All prices are inclusive of VAT at the prevailing rate but are not inclusive of delivery charges unless otherwise stated. Your method of payment will be as set out in the payment information on Dell’s Online Store, or otherwise as in the case of premium rate services, will be notified to you in advance as set out in clause 6.4 below.
3.2 In the unlikely event of any discrepancy between the price set out in the Order Confirmation, and the price stated on Dell’s Online Store or other advertising, you should contact Dell immediately.

4. Delivery, Ownership and Risk

4.1 The place of delivery and estimated delivery date of Product(s) and/or Services will be stated on the Order Confirmation. If the estimated delivery date cannot be met, then Dell will notify you with a revised estimated delivery date. If delivery is not made within 30 days from the original date of your order and you have not subsequently accepted delivery or agreed to a delivery date outside the 30 days, you may cancel your order without charge and obtain a full refund. This right is in addition to your “cooling off” rights set out in clause 8 below.
4.2 It is important that you examine the Product(s) carefully upon delivery. If you discover that anything listed in your Order Confirmation is missing or incorrect or damaged, you will promptly notify Dell in writing or by email. This will give Dell the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services.
4.3 Once Dell delivers Product(s) to you (or your representative) you will take on risk of damage to or loss of the Product(s).
4.4 Ownership of Product(s) will pass to you once Dell receives payment in full, or when Dell delivers the Product(s) to you (or your representative), whichever is later. That transfer of ownership of the Product does not mean that you own any Intellectual Property in the Products or Services you purchase from Dell. Ownership of such Intellectual Property remains with Dell and any applicable software licensors. If the Contract is terminated before that passing of ownership occurs, Dell may recover any Product(s) supplied to you and you agree to assist Dell in such circumstances.

5. Repair or Replacement Dell Product Basic Warranty

5.1 You have statutory rights in relation to the Products sold to you. For example, Products sold to you shall be of satisfactory quality and conform to their Product Description. Those rights are not affected by this Dell Product warranty.
5.2 Dell warrants that Dell Product shall: (i) conform to its Product Description, (ii) be free from material defects for a period of one year from date of delivery, and (iii) that Dell branded spare parts shall be free from defects for 90 days from the date of delivery or for the remainder of the applicable Services/statutory warranty period, if longer (Basic Warranty).
5.3 Under the Basic Warranty, subject to clauses 5.3.1 – 5.3.4 inclusive and clause 5.4 below, Dell shall repair or replace the Dell Product if it develops a material fault in the period of one year from date of delivery, on condition that:
5.3.1 the Dell Product has only been subject to normal use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality and service standards described in the Dell Product Description;
5.3.2 reasonable care has been taken of the Dell Product, and it has only been subjected to reasonable wear and tear;
5.3.2 the fault has not been caused or contributed to by wilfully or negligently caused damage, or any accident, or being in environmental conditions harmful to the Dell Product, or by third party software or hardware, which has not been supplied by Dell, loaded onto or connected to the Dell Product;
5.3.4 the part which develops the fault has not been previously modified or repaired by any third party.
5.4 Dell’s obligation to repair or replace under clause 5.3 above does not apply to:
5.4.1 consumable components (for example, toner in printer cartridges);
5.4.2 parts which are not critical to Product function, or
5.4.3 cosmetic features of the Product.
5.5 In relation to many Dell Products, you can purchase extended warranties from Dell which last beyond the Basic Warranty term. However, these are not available in respect of Notebook batteries (which have a maximum one-year warranty unless a shorter period is stated in any applicable Basic Warranty or Product Description.
5.6 Dell will repair Dell Product using parts which are new, or equivalent to new in accordance with industry standards and practice, and which will work for at least the remainder of the Basic Warranty period.
5.7 You will own all replacement Products and/or parts. Dell shall own any Product and/or parts that are replaced pursuant to Dell’s warranty, and, if requested by Dell to do so, you must return them to Dell. The costs of returning such removed parts or replaced Product(s) will be borne by Dell.
5.8 Dell will pass to you, to the extent that Dell is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Product or Third Party Software. Without prejudice to your rights against Dell, Dell may therefore ask Third Party Product manufacturers and/or Third Party Software licensors to fulfil their obligations to you under such warranties and guarantees and seek to ensure that such manufacturers and/or licensors do so with reasonable skill and care and within a reasonable period.

6. Services

6.1 Dell warrants that Services shall: (i) conform to their Service Descriptions, and (ii) be performed with reasonable skill and care during the applicable Service period. You must provide Dell with all reasonable information, cooperation and courtesy to enable Dell to provide Dell Services. Dell will repair and replace Dell Product in accordance with the Service Description You purchase and applicable consumer protection law within a reasonable period and with reasonable skill and care.
6.2 Repairs under warranty, and other repair Services, will be carried out within a reasonable period. Dell will at all times try to meet response times estimated in the applicable Services Description, but actual timings may vary depending, among other factors, on the remoteness or accessibility of your location, weather conditions and availability of parts.
6.3 Dell may provide Services via internet or telephone as appropriate. Some additional optional value added Services may be offered using premium rate services. Dell will identify any such Services to you in advance and will only provide such Services in compliance with the regulations and codes which apply to the provision of premium rate services. Telephone calls may be recorded for operational and training purposes.
6.4 Unless otherwise stated, you shall be responsible for all telephone and postal charges in contacting Dell, except when returning Product(s) which are defective or damaged, or do not accord with the Order Confirmation.

7. Software

7.1 Both Dell Software and Third Party Software are subject to software license agreements. These agreements are provided with the software media, or at Product start up, or when software is downloaded or activated.
7.2 In the absence of licence terms accompanying Dell Software, Dell grants you a non-exclusive, non-transferable license to access and use Dell Software for the duration of the Service period and/or the life of the Product as applicable. Software provided or made available to you by Dell in connection with the provision of Services may be used only during the term of the Services and solely as necessary for you to enjoy the benefit of the Services.
7.3 You must comply with the license conditions for any Dell Software and Third Party Software supplied to you, and you must not:
(i) copy or make a back up copy, adapt, licence or sublicense, sell, assign, or otherwise transfer or encumber the software; or
(ii) exceed any criteria stipulated in any Services Description and/or software licence agreement.

8. Cancellations, Cooling Off and Returns

8.1 Subject to this clause, you have the right to cancel your Contract as follows:-
  • Products - you have the right to cancel and return the Product (Cooling Off Rights). That right is for 14 calendar days beginning on the later of the day after:- 1) the day you receive your Order Confirmation OR 2) the date of delivery;
  • Services – you have Cooling Off Rights as above, beginning on the day after the day you receive your Order Confirmation. If you cancel your Services order within the 14 day cancellation period, but you requested Dell to begin providing the Services during this period, we will refund you pro-rata based on the Services that have been performed up until the date of receipt by Dell of your cancellation notice; and
  • Software – you have Cooling Off Rights as above, beginning on the day after the day you receive your Order Confirmation, save that you lose the right to cancel if the Software is delivered to you sealed and it is unsealed (electronically or otherwise). If you purchase Software made available to you via digital download, you lose the right to cancel if you download (including via automatic download) the Software during the 14 day cancellation period. You may not obtain a refund on return of a Software or operating system element of a Product only. If you don’t want the pre-installed software or OS, you should return the Product.
If those Services or Software can be used independently of other Product(s) or Services sold under the same Contract, the right to cancel will still apply to those other Products.
8.2 Your right to cancel under this clause 8 is in addition to your right to cancel in the event of non or delayed delivery.
8.3 To exercise your right to cancel, you must notify Dell in writing of your wish to cancel (you may use the form here) and Dell will arrange for collection of the Product(s) or otherwise provide instructions for convenient return You must return all cancelled Product(s) to Dell in original condition (you will be responsible for any damage) and within 14 calendar days of your cancellation notice, unless Dell provides a later collection date. Return freight costs will be payable by you. Dell will refund you the price (including standard delivery charge if applicable), less direct return freight costs it has paid on your behalf, as soon as possible and within 14 calendar days of receiving your cancellation notice. However, Dell may withhold payment of your refund pending receipt of the returned Product (in its original condition).
8.4 Once the Cooling Off Period has ended and unless Dell agrees otherwise, you do not have a right to return your order.

9. Export Control

Please note that Products, which may include technology and software are subject to U.S. export laws as well as the laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, Product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that Product(s) purchased from Dell will not to be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You agree that you will not sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities. Dell will not provide warranty support or Service in respect of a Product which have been exported in violation of these provisions.

10. Intellectual Property Claims

10.1 Dell retains title to all Dell-owned Intellectual Property in Products and Services. You must notify Dell immediately of any infringing or unauthorised use of any Products and/or Services or Intellectual property in such Products and/or Services.
10.2 Subject to 10.3, Dell will be responsible and will reimburse you for all costs and liabilities you may incur arising from any claim that your use of Dell branded Product(s) or Dell Software infringes any third party Intellectual Property rights. Dell may recall and exchange or modify the infringing item or give you a refund (less depreciation) or require you to install replacement or modified Dell Software from appropriate delivery and/or transfer mechanisms such as CD or internet download for example.
10.3 Dell’s promise to reimburse your losses in the circumstances set out at 10.2 above does not apply if the claim arises due to:
10.3.1 use of any Third Party Product or Third Party Software or any other third party services and/or software;
10.3.2 unauthorised modification or use of Product(s), Services or Dell Software;
10.3.3 the use of Dell branded Product(s) or Services or Dell Software in conjunction with anything not supplied by Dell.
10.4 Dell may litigate, negotiate and settle claims described in clause 10.2 and you must provide reasonable assistance if requested to assist Dell, if litigation is directly related to Product(s) and/or Services supplied to you.

11. Assignment and Subcontracting

The Contract formed under these Consumer Terms is personal to you and you are not permitted to assign or transfer

12. Limitation of Dell’s Liability
12.1 The Products are supplied only for use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality and service standards described in the Product Description. Dell shall not be liable for losses relating to any business of yours, such as lost revenue, income or profits, lost data or business interruption.
12.2 You must take reasonable care of the Products and use them in accordance with user instructions/ product information supplied by Dell. You must also take all reasonable steps to prevent data loss, by installing protection against virus damage, and keeping back up copies of important data on separate media. Home computers in regular use are not supplied for the purpose of the long term storage of important data, unless these basic precautions are taken. 12.3 Dell accepts liability for any loss or damage to private property, death or personal injury caused by the Products and Services supplied to You or Dell’s negligence or deliberate misconduct, or that of any employees, agents or subcontractors acting on Dell’s behalf in accordance with these Consumer Terms, provided, however, that in all cases, except for death or personal injury (where there shall be no limit on liability) or any other liability that cannot be limited by applicable law, Dell’s liability for losses suffered by You are set out clauses 12.4, 12.5 and 12.6 below.
12.4 Dell shall accept liability for reasonably foreseeable losses arising as a direct consequence of a breach by Dell of its obligations under these Consumer Terms. However, to the extent permitted by applicable law, Dell shall not be liable where the causes or potential causes of the loss: was not reasonably foreseeable by both parties; and/or were known by You but not Dell prior to the loss being incurred; and/or arose from use of the Product which is not normal use, as described at Clause 5.3.1; and/or were reasonably foreseeable and preventable by You such as those arising from, but not limited to: data or information loss caused by failing to keep back up copies of important data on separate media; or virus damage; or user inflicted problems such as those caused by failure to read and/or follow user instructions/product information.
12.5 In making a claim against Dell for any such losses You must act reasonably and take steps to mitigate or avoid losses occurring such as contacting Dell promptly upon becoming aware of an issue.
12.6 To the extent permitted by applicable law, Dell’s total liability to You under or in connection with the Consumer Terms shall not exceed the total value of the Products and/or Services ordered by You.
12.7 Neither you nor Dell will be liable for any delay or failure to perform its obligations under these Consumer Terms if such delay or failure is caused by an event or events beyond its reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, unforeseeable manufacturing or transport disruption affecting suppliers.

13. Privacy and Data Protection

Personal data obtained by Dell from you shall be held and processed in accordance with all applicable laws and consistently with Dell's Privacy Policy. Dell may share your personal data with other Dell entities, agents, or subcontractors performing Services for Dell. Dell may also transfer your personal data to affiliated companies or agents or subcontractors performing Services for Dell, which may be outside the European Economic Area, in which case Dell will ensure adequate protection to safeguard your personal data. Please review Dell’s Privacy Policy in order to understand our privacy and data protection practices, and for full details of Dell's Privacy Practices, please see Privacy Practices or contact: Dell Data Protection Officer at privacy@dell.com. You consent to the processing of your personal data in accordance with the above.

14. Waiver

If you breach these Consumer Terms, and Dell takes no action, Dell will still be entitled to exercise its rights and remedies in respect of that breach at a later date or in any other situation where you breach these Consumer Terms.

15. Amendments to these Consumer Terms

Dell’s standard terms and conditions of sale can be viewed on www.dell.ie Dell will update these from time to time, giving thirty (30) days prior notice on the site of any changes which are to be introduced. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authority (in which case it will apply to Contracts if required to do so).

16. Law and Jurisdiction

Irish law and Irish courts.

17. Other Key Consumer Terms Documentation

Product Descriptions, Services Descriptions and Dell Privacy Practices are located at www.dell.ie