E-COMMERCE

TERMS AND CONDITIONS (GOODS TO CONSUMERS)

Updated 2011

 

This website is operated by Smurfit Kappa Ireland Limited (referred to as "Smurfit Kappa Ireland Limited/we/our/us"). As customer of this website (referred to as "you/customer") you acknowledge that any use of this website including any reservations you make ("use/using") is subject to our terms and conditions below including other important hyper-linked such as Privacy policy.

 

In addition, you will find other useful information within Customer Services. Please:

  1. read through these terms and conditions carefully before using this website
  2. print a copy for future reference
  3. also read our Privacy policy section regarding use of your personal information

 

TERMS OF BUSINESS

 

1.         Interpretation.  In these conditions of sale:

 

            The “Agreement” means the agreement which is formed when we accept an order             from you, as provided in Clause 3 below,

 

            “Customer” or “you” means the person who purchases Goods via    www.smurfitkappadirect.ie

 

            “Goods” means the goods described in the order confirmation

 

            “Supplier”, “we” or “us” means all companies and/or business which belong to       “Smurfit Kappa” the elements of which are:  Smurfit Kappa Ireland Limited with            registered office at Smurfit Kappa Group, Beech Hill, Clonskeagh, Dublin 4.

 

            “these terms” means the terms of business set out in this document.

 

2.         Terms of Sale.  The display of Goods on this website does not constitute an offer             to sell them as described, or to sell any goods at all.  By clicking to place an order,             you are making an offer to buy which incorporates these terms.  If we elect to         accept your offer, you will receive an order confirmation.  We reserve the right to      decline any order, without giving a reason.

 

3.         Orders.  Orders are only binding when the order confirmation is received.  You    should check the order confirmation and notify the Supplier of any mistake by        email or telephone immediately; otherwise the details stated in the order       confirmation will apply to the Agreement.

 

4.         Availability.    If you order goods and we accept the order, we reserve the right to             notify you at any time before delivery of the unavailability of the particular Goods     ordered.  You can then cancel the Agreement and we will refund you all money      paid in full.  Alternatively, you can accept any equivalent product we offer to you.

 

5.         VAT.  Unless they are expressly quoted as not including VAT, all prices are in      inclusive of value added tax and other government taxes or duties.

 

6.         Payment.  Payment is collected from your credit/debit card at the same time that your order confirmation is sent, and before the Goods are delivered.

 

7.         Delivery.  We will use reasonable efforts to meet any delivery date, but it should   be understood that they are estimates and we are not liable (in contract,         negligence or otherwise) for any loss or damage resulting from them not being            met, howsoever caused.  Goods are shipped by courier to the delivery address you             gave, as stated in the order confirmation. Where the delivery of the order is done   by courier, two attempts will be made to deliver the order and thereafter the customer shall be responsible for making its own arrangements to         collect the        order from the courier company.

 

8.         Title.   Title to Goods ordered passes to you when the Goods are shipped, or if      later when you make full payment.

 

9.         Instalments.  Where you have ordered more than one item, we may make delivery in one or more instalments.

 

10.       YOUR RIGHT TO CANCEL:  If you wish to cancel your order for any reason and return the Goods delivered, the Goods must be in their original condition with           packaging complete and seals unbroken.  You should also include a return note        and proof of purchase.  You are responsible for the direct cost of returning the             goods to us.  No refund will be made until the Goods are returned to us and in any            event no refund will be forthcoming if the Goods are not received by us within 30   days of you notifying us of your intention to return them.

 

11.       Price Quoted.  Unless otherwise stated, prices quoted are only valid during your   browser session.

 

12.       Queries and Complaints.  Notification of queries and/or complaints must be         notified to us in writing within fourteen (14) days of receipt of the goods. Please     email Pat.Synnott@smuriftkappa.ie .

 

13.       Warranties.  We warrant that:

            13.1  at the time of sale, we will have title to sell the goods to you; and

            13.2  the goods sold to you will confirm with the specification for them published             by us or their manufacturer.

 

14.       Remedy.         Subject to Clause 17, if we are in breach of the warranties given by             us under Clause 12, our liability shall be limited to:

 

            14.1     replacement of the Goods concerned; or

            14.2     at our option, reimbursement of the price

 

15.       No Other Liability.    Subject to Clause 17, we will have no further liability to       you other than as described in Clause 14, whether under these terms sale or on           any other basis including liability in tort as a result of the sale of the Goods.

 

16.       Consequential Loss.  Subject to Clause 17, we will not under any circumstances e liable to the Customer by reason of any representation or warranty, condition or          other term or any duty of common law, or under the express terms of these terms, or any consequential, special, incidental or punitive   loss or damage (whether for   loss of current or future profits, loss of enterprise value or otherwise) and whether        occasioned by our negligence, or that of our       employees or agents or otherwise,      even if advised of the possibility of such damages.

 

17.       Non-Excludable Liability.  Nothing in these conditions of sale shall exclude or     limit our liability for death or personal injury resulting from our negligence, or   that of any of our employees or agents, nor shall they operate to exclude or limit           any statutory rights which cannot be legally excluded or limited, including the       statutory rights of a consumer.

 

18.       Force Majeure.  We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance.  Examples include strikes, problems and suppliers or transport, industrial relations problems, exchange fluctuations, governmental or regulatory reaction and natural disasters.  If the conditions last for more than 2 months, the Agreement may be terminated by either party without compensation.

 

19.       Entire Agreement.  These terms expressly incorporate our Privacy Statement.  Together, they contain the entire understanding and agreement between the Supplier and the Customer relating to the sale of products to the Customer through this website.

 

  1. Governing Law.  These conditions of sale shall be governed by Irish law and the exclusive jurisdiction of the courts of Ireland.

 

 

Smurfit Kappa Direct website is operated by:-

Smurfit Kappa Ireland Limited

Smurfit Kappa Group,

Beech Hill,

Clonskeagh,

Dublin 4

VAT Number:- IE4742832V

 

We recommend you print out a copy of these terms and conditions for your future reference.