E-COMMERCE

TERMS AND CONDITIONS (GOODS TO BUSINESS)

Contents

 

1                    Definitions

2                    Our contract with you

3                    Your account with us

4                    Price and Payment

5                    Delivery

6                    Shortfall or damage in transit

7                    Goods returned

8                    Disclaimers

9                    Content and Intellectual Property Rights

10                Your email address

11                System Security

12                Indemnity

13                Miscellaneous provisions

 
 

 

Trading terms and conditions of Smurfit Kappa Ireland Limited

 

These terms and conditions regulate the business relationship between you and us.  By using Our Website in any way, or by buying from us, you agree to be bound by them.

 

No person under the age of 18 years may purchase Goods.  We look forward to seeing you again when you are over 18.

 

We are:                        Smurfit Kappa Ireland Limited

Our address is:                        Smurfit Kappa Group, Beech Hill, Clonskeagh, Dublin 4

You are:                      Our customer

 

The terms and conditions

 

1                    Definitions

 

In this agreement:

 

“Carrier”                                  means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

 

“Our Website”                        means the entire computing hardware and software installation that is or supports Our Website.

 

“Goods”                                  means any of the Goods we offer for sale on our                                          Website

 

“Content”                                means any material in any form published on Our Website by us or any third party with our consent.

 

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

 

            “Supplier”, “we” or “us”         means all companies and/or business which belong                                                    to Smurfit Kappa Ireland Limited

 

2                    Our contract with you

 

These terms and conditions apply:

 

2.1              So far as the context allows, to you as a visitor to Our Website; and

 

2.2              In any event to you as a buyer or prospective buyer of our Goods.

 

2.3              We shall accept your order by email confirmation.  That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

 

2.4              Unfortunately, we cannot guarantee that Goods advertised on our website are available.

 

2.5              We may change these terms from time to time.  The terms that apply to you are those posted here on Our Website on the day you order Goods.

 

2.6              If we do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:

 

2.6.1        accept the alternatives we offer;

2.6.2        cancel all or part of your order;

 

2.7              If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

 

2.8              If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date of your order.

 

3                    Your account with us

 

3.1              You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Goods.

 

3.2              If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

 

3.3               You agree to accept responsibility for all activities that occur under your   account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

3.4               We reserve the right to refuse you access to Our Website.

 

 

4                    Price and Payment

 

4.1              It is possible that the price may have increased from that posted on our Website.  If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

 

4.2              Prices quoted include value added tax and are exclusive of delivery.

 

4.3              Unless otherwise agreed in writing, payment in full before despatch of goods.

 

4.4              We shall have the right to discontinue delivery also, at our discretion, to determine the contract in respect of any undelivered goods if you default in payments but in either event you shall remain liable to pay for such goods as have already been delivered.

 

4.5              We reserve the right to withhold the supply of goods which have been accepted on order in those instances where is no reason to believe that payment for the good would not be forthcoming within these terms of trading if the goods were supplied.

 

4.6              We reserve the right to charge interest on overdue accounts. If we need to instruct our solicitors to recover such amounts, you will be charged and pay all legal fees and disbursements incurred by us.

 

4.7              Banking charges by the receiving bank on payments to us will be borne by us.

 

4.8              You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

 

5                    Delivery

 

5.1              Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

 

5.2              If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

 

5.3              All dates for deliveries of goods are given in good faith however these are approximate and shall not be deemed to be the essence of the contract. The delivery date given shall be calculated from the date of acceptance by us of the order by you.

 

5.4              We may deliver the Goods in instalments if they are not all available at the same time for delivery. Each delivery shall constitute a separate contract.

 

5.5              Goods are sent by courier.  We will send you a message by email to tell you when we have despatched your order.

 

5.6              Title to the goods passes to you when you have made full payment. The risk in the goods supplied to you shall pass on delivery.

 

Shortfall or Damage in Transit


      6.1       No claim in respect of damage in transit will be accepted unless we and                  our carriers are advised in writing within 48 hours of receipt of goods.               Irrespective of the condition of packing, goods and packing should be                  held for inspection by us and our carriers. After inspection we will                    arrange for the goods to be collected.


      6.2       No claim in respect of loss in transit or short delivery will be accepted                     unless we and our carriers are advised in writing of such loss or short                      delivery at the time of delivery. The shortfall must be specified in writing                      on the delivery note. Marking the words “not examined” or “not counted”               or any similar statement on the delivery note will not entitle you to claim                loss in transit or short delivery at any time after delivery. If you do not                        note any shortfall on the delivery note, we will not be deemed to have                    delivered the correct quantity of goods to the Purchaser in accordance                        with the order.


      6.3       Any claim for damage, loss in transit or short delivery must be                                accompanied by the following details: delivery invoice number -                          condition of packages -date carrier advised - date consignment received -                     extent of damage or shortfall - copy of delivery note.


      6.4       In the event of non-delivery carriers and we must be advised within five               days of the applicable invoice date.


      6.5       We will not in any event be responsible for goods lost or damaged in                      transit or for short delivery unless the above conditions are strictly               observed.

 

7          Goods returned

 

These provisions apply in the event that you return any Goods to us for any reason:

 

7.1        You must tell us by email message to pat.synott@smurfitkappa.ie you        that you would like to return goods, specifying exactly what goods and            when purchased, and giving full details of the defect or other reason for             return.  We will then issue a returns note.  If you send goods to us       without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint and this may result in no refund          being given.

 

7.2        We do not accept returns unless there was a defect in the Goods at the       time of purchase or we have agreed in writing that you may return them.

 

7.3        The Goods must be returned to us as soon as any defect is discovered.

 

7.4        So far as possible, Goods should be returned:

 

7.4.1         with both goods and all packaging as far as possible in their original condition;

7.4.2         securely wrapped;

7.4.3         including our delivery slip;

7.4.4         at your risk and cost

 

7.5        We shall not be liable to you or any third party for any direct, indirect,        consequential or economic loss or damage of any kind whatsoever and         howsoever. Accordingly it is for you to insure against liability arising       from the use of the goods.

 

8        Disclaimers

 

8.1        We or our Content suppliers may make improvements or changes to Our     Website, the Content, or to any of the Goods, at any time and without      advance notice.

 

8.2        You are advised that Content may include technical inaccuracies or            typographical errors. This is inevitable in any large website.  We would       be grateful if you bring to our immediate attention, any that you find.

 

8.3        We give no warranty and make no representation, express or implied, as     to:

 

8.3.1        the adequacy or appropriateness of the Goods for your purpose.

8.3.2        the truth of any Content on Our Website;

8.3.3        any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

8.3.4        compatibility of Our Website with your equipment, software or telecommunications connection.

8.3.5        compliance with any law;

8.3.6        non-infringement of any right.

 

8.4        We are not liable in any circumstances for special, indirect or           consequential loss or any damages whatsoever resulting from loss of use,      loss of data or loss of revenues or profits, whether in an action of   contract, negligence or otherwise, arising out of or in connection with         your use of Our Website or the purchase of Goods.

 

8.5        In any event, including the event that any term or condition or obligation   on our part ("Implied Term") is implied into these conditions by law,    then our liability is limited to the maximum extent permitted by law, to          the value of the goods or services you have purchased.

 

9        Content and Intellectual Property Rights

 

9.1        We will defend the intellectual property rights in connection with our         Goods and Our Website, including copyright in the Content whether         provided by us or by any other content provider (including copyright in:     text, graphics, logos, icons, images, audio clips, digital downloads, data,     and software).

 

9.2        We also claim copyright in the designs and compilation of all Content of    Our Website. Title, ownership rights, and shall remain the sole property        of us and / or the other content provider.  We will strongly protect those            rights in all countries.

 

9.3        Except as set out below, you may not copy, modify, publish, transmit,        transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in            part.

 

9.4        You may not use our name or logos or trade marks or any other Content     on any website of yours or that of any other person.

 

9.5        Subject to the other terms of this agreement, you may download or copy    Content only for your own personal use, provided that you maintain all        copyright and other notices contained in it. You may not store          electronically any significant portion of any Content.

 

10    Your email address

 

10.1          You represent that any username or email address selected by you, when    used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

 

10.2          You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any     unlawful purpose, we may immediately suspend the use of such name or     email address, and you will indemnify us for any claim or demand that       arises out of your selection.

 

10.3          You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist            from using or permitting the use of a particular domain name as part of a name or email address.

 

11          System Security

 

11.1          We will do our best to maintain Our Website so that you have constant       use, but there will be times when your use may be interrupted.

 

11.2          You agree that you will not, and will not allow any other person to             violate or attempt to violate any aspect of the security of Our Website.

 

11.3          You may not use any software tool for the purpose of extracting data         from our website.

 

11.4          You understand that any such violation is unlawful in many jurisdictions    and that any contravention of law may result in criminal prosecution.

 

12        Indemnity

 

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

12          Miscellaneous provisions

 

12.1          When we communicate with you we do so by email.  You agree that           email communications are contractually binding in the same way as             properly signed and dated paper sent by post.

 

12.2          Nothing in this agreement or on Our Website shall confer on any third        party any benefit or obligation.

 

12.3          If any of these terms is at any time held by any jurisdiction to be void,        invalid or unenforceable, then it shall be treated as changed or reduced,     only to the extent minimally necessary to bring it within the laws of that     jurisdiction and to prevent it from being void and it shall be binding in       that changed or reduced form. Subject to that, each provision shall be          interpreted as severable and shall not in any way affect any other of these terms.

 

12.4          No waiver by us, in exercising any right, power or provision in this agreement, shall operate as a waiver of any other right or of that same             right at a future time; nor shall any delay in exercise of any power or         right be interpreted as a waiver.

 

12.5          In the event of a dispute arising out of or in connection with these terms     or any contract between you and us, then you agree to attempt to settle    the dispute by engaging in good faith with us in a process of mediation         before commencing arbitration or litigation.

 

12.6          We are not liable for any breach of our obligations resulting from causes     beyond our reasonable control including strikes of our own employees.

 

12.7          This Agreement shall be governed by and construed in accordance with      the law of the Republic of Ireland.