Please read these Terms and Conditions of Use ('Terms') carefully before using Irish Box Company website: www.irishboxcompany.ie ('the Website'). These Terms apply to all users of this Website including casual browsers.
Part A Terms applying to all users of the Irish Box Company Website
Part B Terms applying if you purchase from www.irishboxcompany.ie
1.3. When you use the Site, you accept that your use of the Site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.
2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Irish Box Company.
2.3. You may use information on Irish Box Company's website purposely made available by Irish Box Company, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
2.4. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Irish Box Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
3. Purchases; Other Terms and Conditions
4.1. Irish Box Company does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Irish Box Company cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Irish Box Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Irish Box Company disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Irish Box Company services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Irish Box Company for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
4.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Irish Box Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5. Limitation of Liability
5.1. Except where prohibited by law, in no event will Irish Box Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Irish Box Company has been advised of the possibility of such damages.
6.1. You agree to indemnify and hold Irish Box Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Irish Box Company by any third party due to or arising out of or in connection with your use of the Site.
7.1. Irish Box Company will not collect any personal information on this website without your explicit consent.
7.2. Irish Box Company will use data usage data for general statistical purposes and will make no attempt to identify individual users.
7.3. Irish Box Company safeguards the security of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet.
7.4. Irish Box Company uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To purchase, you must use an SSL-enabled browser such as Netscape Navigator 4 or later, or Internet Explorer 5 or later. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.
7.5 We also utilise PGP Software to encrypt information from our Online Form. PGP supports a variety of encryption algorithms, but only those with a 128-bit or greater symmetrical crypto key length. PGP products do not interoperate with products using low-security and easily compromised encryption systems. To ensure the integrity of its products, PGP publishes source code for peer review.
7.6 We also track click-throughs to help us determine your interest in particular topics and measure the effectiveness of our customer communications.
Part B - Terms applying if you purchase from the Irish Box Company
These Terms and Conditions ('Terms') apply to the provision of Irish Box Company products as advertised on www.irishboxcomapny.ie (the 'Website'). Please read these Terms carefully before purchasing.
For the purposes of these Terms: 'We', 'Us' and 'the Company' means Irish Box Company who will provide the products and services to you. 'You' means the consumer receiving the products; 'purchase' means the process of purchasing our products and the term shall be construed accordingly. If you purchase via the Website, this will involve you completing the relevant application forms on the Website, giving us your payment information and submitting the details to us. Purchase can also take place by telephone, this will involve you giving us details of the products you wish to purchase, giving us your payment details and agreeing to proceed with purchase. 'Box' or 'Product' means the physical products which Irish Box Company sells, in the format described on the website; 'Price' means the fee payable by you for the purchase of our products, as indicated on the website.
9. Provision of Products and Services
9.1. Once you purchase online, you will receive an email or written confirmation which confirms the arrangements for your boxes, and we will start to make the Services available to you in accordance with this paragraph.
9.2. Normally, products are dispatched approximately 10 days after your purchase, if an order takes longer than 10 days we will inform you.
10. Your Right to Cancel Purchase
10.1. Once you have purchased online, if you decide that you wish to cancel, you may do so provided that: You notify us in writing of your request for cancellation, within 10 days of receipt of written confirmation of this agreement, and you return the product in its original state, to Irish Box Company, and that you pay for costs of returning products to Irish Box Company.
11. Refunding following Cancellation
11.1. If you cancel purchase, in accordance with the Terms outlined in 11.1, we will re-credit to you that part of the Price which you have paid to us, within 28 days of receiving your notice of cancellation.
12. Payment by you of the Price
12.1 Payment at the due date is a condition precedent to all subsequent deliveries.
12.2 You agree to pay us the Price. If you are liable to pay us the price in full, and you pay by credit or debit card, we will debit your credit or debit card on or after the day of your Purchase.
12.3 The Prices are exclusive of any Value Added Taxes (VAT) where applicable.
12.4 In the unlikely event that due to a technical error, the amount of Price is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us or to pay the balance of the Price to us.
12.5 All orders below EUR300 are subject to a EUR50 small order charge.
13.1. In the event that you are not satisfied with any aspect of the services, please contact:
Irish Box Company, Station House, Shankill, Co. Dublin, Ireland.
Each delivery shall be considered a separate contract and failure to make any delivery shall not vitiate or affect the contract as to others.
All express or implied conditions and warranties, statutory or otherwise, as to the fitness for any purpose of the Contract products are hereby expressly excluded. All recommendations and advise given by the Seller or the Seller's servants or agents to the Buyer or his servants or agents as to the mode of storing, applying or using the contact products are given, without liability on the part of the Seller.Â The Seller shall not be responsible for any injury, loss or damage whatsoever caused either directly or indirectly by the Contract products or by any act or omission in connection therewith. In the event of non-correspondence with description or sample, the Buyer may reject goods. If, however, the Buyer accepts such goods, the Seller shall not be liable for consequential damage arising from such acceptance. The Buyer must give the Seller Immediate written notice of any claim that goods are not of stated quality to enable the Seller to investigate complaint before remainder of consignment is used or returned to the Seller.
16. Price Variation
The Company will use every endeavour to execute the Contract at the price specified in the Contract but reserves the right to alter the price if necessitated by any alteration in the cost of materials, labour, transport or packages or by any other circumstances beyond its control.Â The Company shall give to the Customer notice in writing of any alteration in price and such alterations shall become effective forthwith.Â If the Customer is not prepared to accept any increase in price so notified, he shall have the right to be exercised within fourteen days of the Company's notice to cancel the undelivered portion of the goods sold under the Contract.
17. Change of Ownership
Delivery shall be deemed to be effected and property in the goods shall pass to the Buyer as follows:
A) In all cases where the contract provides for the goods to be delivered to an address designated by the Buyer - when the goods have been so delivered and paid for.
B) In all cases where goods are to be collected by the Buyer or despatched through a carrier designated by the Buyer - when goods have passed into the control of the Buyer or of the carrier so designated or anyone acting on their behalf, and paid for.
Where goods are sold F.O.B. the Buyer will make his own shipping arrangements and the Seller's responsibility will cease when he has placed the goods on board the vessel.
19. Force Majure
The Seller shall be under no liability if prevented from delivering goods under this Contract owing to any cause reasonably outside his control.Â If the Seller is at any time so delayed or hindered in delivering or so prevented from delivering the quantity which it is under contract with Buyer and any other person to deliver at that time, the Seller shall be at liberty to withhold, suspend or reduce deliveries to such extent as the Seller in its discretion may think fit.
If the Buyer makes default in any payment or becomes subject to the laws relating to insolvent debtors, the Seller shall be entitled to payment in cash for further deliveries, and may, at his option, and without prejudice, to his other rights and remedies, cancel the undelivered portion of the Contract.
On account of weight, quality, loss or damage, must be made to the Seller and notified to the carrier in writing within three days after delivery or part delivery, or within fourteen days after notification of despatch in the case of non-delivery.Â The Buyer will have no claim unless such notice is given.Â The Seller's liability for damage arising out of any such claim shall in no event exceed the purchase price of the delivery in respect of which any claim is made.
Containers will not be returned unless stated as returnable.Â Returnable containers will be returned to Seller's Works in good condition carriage forward within three months of delivery; otherwise containers loaned free will be chargeable at replacement value, and no credit will be due on charged containers.
22. Rate of Consumption
If the Buyer shall fail to take delivery of the goods either at the rate specified on the face hereof or when the delivery becomes due, then the Sellerâ€™s may cancel any such deliveries that are in arrears and if they see fit sell such goods without prejudice to their right to claim damages in respect of such breach of contract.
Any dispute arising out of this Contract shall be referred to arbitration in accordance with Irish legislation.
24. Legal Interpretation
This Contract shall be construed according to Irish Law.
Where the Buyer has specified that the goods shall be of a certain colour or size, such specification shall be subject to reasonable commercial variation.
26. Patent Rights
When goods are mode or adopted by the Seller in accordance with the Buyers specifications the Buyer shall indemnify the Seller against ail costs, claims and expenses incurred by the Seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trade marks or other rights belonging to third parties.
Acceptance of any quotation made by the Seller shall not constitute a contract until such acceptance is confirmed in writing to the Seller.Â All goods the subject of this contract are sold upon the following term and conditions unless otherwise expressly agreed in writing.Â Buyer will be deemed to have agreed that any printed conditions attached to orders or to any contract documents emanating from the Buyer, are only binding in so far as they are not at variance with these terms and conditions or other terms and conditions expressly agreed in writing as above.