UMMERA ONLINE TERMS
AND CONDITIONS
PLEASE READ THIS
AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE UMMERA WEBSITE AND BLOG
(“together, the SITE”). BY ACCESSING THE SITE AND USING THE SERVICES ON IT YOU,
WHETHER USING AS A NON-BUSINESS USER (“PURCHASER”) OR AS A BUSINESS USER
(“SUPPLIER”) (“together, YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE
TERMS AND CONDITIONS THAT APPEAR BELOW.
TERMS AND
CONDITIONS:
1. Provision
of the Service and How to Contact us
Ummera Smoked
Products Limited (“the Business”) produces and sells artisan smoked food and
other related products to both on and off-line purchasers (“Services”).
The contact details
for the Business are as follows:
§ Registered
Address: Flaxpond, Inchybridge, Timoleague, Co. Cork, Ireland
§ Registration
Number: 129326
§ VAT
Registration Number: IE 4851423M
§ Email
Address: info@ummera .com
§ Telephone:
+ 353 23 88 46644 and Mobile + 353 87 2027227
You acknowledge that
you have provided the Business with accurate and complete registration
information on your account sign-up form and that it is your responsibility to
update the Business with any changes to that information by e-mailing or
telephoning the Business at the email address or telephone number provided
above. The Business reserves the right to require you to provide evidence to
verify any aspect of your account sign-up form at any time.
If You believe that
there has been a breach of security such as the disclosure, theft or
unauthorised use of your user name and password (“ID”) then you must notify the
Business immediately. If the Business reasonably believes that your ID is being
used in any way which is not permitted under this Agreement, the Business
reserves the right to immediately suspend access rights on giving notice to you
and to block access to the Site until the issue has been resolved to the
reasonable satisfaction of the Business.
The Business is
continually seeking to improve the Service and to ensure that all information
on the Site (“the Content”) is up to date. Accordingly, the Business reserves
the right, and at its sole discretion, to make changes to any part of the
Service or the Content at any time and without prior notice to you. We would
recommend that you regularly check the Site from time to time for any updates
or changes to this Agreement.
This Agreement shall
apply in preference to and shall supersede any other terms and conditions of
business referred to or relied on by you.
2. Licence
and limited rights to use Content
The Business grants
you a non-exclusive, non-transferable, non-assignable, revocable licence to use
the Content subject to the terms and conditions of this Agreement.
The Content and all
copyright, database rights, website design, trade and service marks and logos
or names, design rights, know how and rights relating to loss of reputation and
business and all other intellectual property rights including the software used
on the Site (“Intellectual Property”) in each case whether registered or not,
in the Content, the Service and the Site belong to the Business (or applicable
licensors) and may not be used in any way whatsoever without our prior written
consent.
3. Privacy
Policy and Data Protection
The Business fully
respects your right to privacy and has a strict policy of complying with the
terms of the Irish Data Protection Acts 1988 and 2003. At certain times, as a
result of your interaction with the Site, the Business may hold and process
personal information obtained about you for the purposes providing you with the
Services. By registering on the Site you consent to this collection and use of
your information. We may also use this information to send you information
about the Business’s products and/or services. If at any time you do not wish
to receive such information please contact us at info@ummera.com
We may use cookies
to recognise you on subsequent visits and to optimise your viewing experience,
however, such cookies do not collect any personal information about you and you
can set your browser to not accept cookies if you so wish although this may degrade
your usage of the Site.
4. Warranties
and Indemnity
The Business
warrants that it will use all reasonable skill and care in the provision of the
Service.
The Business makes
no warranty that the Website is free from viruses or anything else that has
contaminating and/or destructive properties. It is your responsibility to adopt
appropriate back-up, firewall and other precautionary security measures. All other
express or implied warranties and any representations are fully excluded from
this Agreement to the extent that they can be excluded as a matter of
applicable law.
You warrant and
represent that you are the owner or licensee of any content that you upload,
record or otherwise transmit through the Service (collectively, “your
Content”). you warrant and represent that you shall not publish, post, upload,
record or otherwise transmit any of your Content that: (i) infringes any third
party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (ii) violates any law or statute, (iii) is
defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane,
indecent, obscene, harmful to minors or pornographic; (v) contains any viruses
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information or property of another; or (vi) is
materially false, misleading or inaccurate.
You agree not to:
(1) use the Services in connection with chain letters, junk mail, pyramid
schemes, spamming or any duplicative or unsolicited messages, or any use of
distribution lists to any person; (2) harvest or otherwise collect information
about others, including e-mail addresses; (3) knowingly interfere with or
disrupt networks connected to the Services or violate the regulations, policies
or procedures of such networks; (4) attempt to gain unauthorised access to the
Services, other accounts, computer systems or networks connected to the
Services, through password mining or any other means; or (6) use the Services
for any illegal purposes whatsoever.
You agree to fully
indemnify the Business against all claims, liabilities, costs and expenses
(including but not limited to legal fees) arising out of your use of the
Services or related to any breach of this Agreement.
5. Risk
and Limitation of liability
While the Business
only uses reputable carriers and ensures that the goods are packed securely,
the Business cannot accept any liability for any damage or deterioration in the
goods which occurs, for whatever reason, while the goods are in transit to you.
Accordingly, risk in the goods provided under the Service shall pass to you
when the goods are dispatched from our premises. Where you choose to collect
the goods yourself, risk will pass when the goods are entrusted to you, or, set
aside for collection, whichever happens first.
The Business shall
not be liable to you whether in contract, tort (including negligence) or
otherwise, for:
• any
indirect, consequential or special loss or damage whatsoever;
• any
loss of profit, loss of anticipated savings, loss of business, loss of
goodwill, loss of data or other such financial or business loss or damage; or
• any
other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12
months preceding the date on which such liability arose.
Notwithstanding the
above provisions of this clause the Business’s liability will not be limited in
the case of fraud or for death or personal injury caused by our negligence.
6. Pricing,
Delivery, Returns and Cancellations
The Business employs
a safe and secure method of ordering on-line and all major credit cards are
accepted, or, if you wish, you may also send a postal money order or a personal
cheque. Personal cheques will however delay your order as the Business must wait
for funds to clear before goods can be shipped – please allow an additional
7-10 business days for shipping of your order when paying by way of personal
cheque. However, if you do wish to order
and then pay by way of personal cheque, please print off the order form with
your shopping cart contents from your order confirmation page and complete the
necessary fields, and then post the form to the address provided the above.
Every item that is
sold by the Business is carefully inspected before it is shipped. If goods are
found to be defective or damaged upon receipt please contact the Business
immediately for a return authorisation claim number and to also provide full
details on the nature of the claim as reasonably requested by the Business. All
claims MUST be made within 3 working days of receipt of the order. Shipping
charges will not be refunded. All
refunds are at the sole discretion of the Business whose decision shall be
final.
In the event you
decide that you wish to cancel your order then you may do so and be entitled to
a full refund providing always that the cancellation of your order is received
by us at least 3 working days prior to the date of shipment. Shipping charges are
added at the then current rates which will be dependant on the weight of the
shipment.
Due to the
individual nature of the goods, delivery will be subject to availability - we
shall inform you as soon as is practicable if the goods you have ordered are
not available.
All goods shall be
subject to Irish Value Added Tax as and where applicable at the then prevailing
rate.
You are responsible
for the payment of any import duties or any other tax that may be applicable to
your order – you should contact your local tax office for further information
on the same.
Deliveries will be
made by the Business at the address stipulated in your order and you must
ensure that someone is present to accept the order – where possible, the
Business shall advise in advance of any approximate time and date for delivery
of the order. Any goods left at a designated area for collection are left
entirely at your own risk and the Business accepts no liability whatsoever in
such circumstances.
Nothing contained in
the Website amounts to an offer to supply goods or services, and any order from
you can be refused at the sole discretion of the Business.
7. Trade
Accounts and Personal Guarantees
Trade credit account
applications will be granted subject to status and to checks made through
credit reference agencies. If you do not wish the Business to contact such
agencies, please advise the Business accordingly.
The Business
requires that all trade credit account applications be in writing and on its
standard business credit application form the terms of which are specifically
incorporated by way of reference into this Agreement.
Where an applicant
is applying for a trade credit account on behalf of a business or a company the
applicant will be required to provide a personal guarantee with respect to the
obligations of the applicant under the terms of the business credit account application.
8. Notices
All notices shall be
given to the Business via e-mail at info@ummera.com or by post to the
Business’s address as set out under clause 1 of this Agreement; or to you at
the e-mail or land address you provide in your registration information.
9. Links
The Website contains
links to other websites and resources however the Business is not responsible
and shall not be held liable for the availability or content of these
resources. No endorsement or approval of
any such third party websites, their advice, opinions, information, products or
services is expressed or implied by any information on our Site and it is
entirely your decision and responsibility to use the precedent Supplier and
Purchaser contract. Where we provide links to other websites or to the Supplier
and Purchaser contract it is done for your convenience only shall be at your
own risk and we shall not be liable for any damages arising in connection
therewith.
10. Termination
This Agreement and
your access to the Service may be terminated by the Business by written notice
if (in the sole and reasonable opinion of the Business) you are in breach of
this Agreement (to include, for example, non payment for goods) and the breach is
not properly remedied (which shall be at the sole discretion of the Business)
within the period of 7 days after written notice of the breach has been given
to you.
11. Dispute
Resolution
Should there be any
dispute arising out of this Agreement the parties shall use every effort to
agree it informally, however, if that fails to resolve the matter then on the
written request of any party it can be referred to an independent mediator, the
identity of whom shall be agreed between the parties. In the event the mediator
cannot be agreed by the parties within 14 days of one party’s written request
to appoint a mediator, the Dublin office of the International Centre for
Dispute (“ICDR”) Resolution shall appoint a single independent mediator in
accordance with the rules of the ICDR. The costs of the mediation shall be
shared equally and the place of conduct of the mediation shall be Dublin,
Ireland. In the event that within a period of 60 days of the appointment of a
mediator, the mediator is unable to resolve the dispute, the parties may submit
the matter to the exclusive jurisdiction of the Irish Courts.
12. General
No failure or delay
on the part of the Business relating to the exercise of any right, power,
privilege or remedy provided under this Agreement shall operate as a waiver of
such right, power, privilege or remedy or as a waiver of any proceeding or
succeeding breach by the other party to this Agreement.
The Business shall
be under no liability to you in respect of anything, which notwithstanding this
provision, may constitute a breach of this Agreement arising by reason of force
majeure which includes Act of God and failure of third party delivery agents.
This Agreement
contains the full and complete understanding between the parties and supersedes
and replaces all prior arrangements, terms, representations and understandings
whether written or oral relating to the subject matter of this Agreement and
neither you nor the Business shall be bound by any variation or addition to
this Agreement unless agreed in writing and signed by duly authorised
representatives from both sides.
In the event of any
inconsistency between the terms of this Agreement, the Website, and/or any
other third party terms and conditions the terms of this Agreement shall
prevail.
This Agreement and
any disputes arising hereunder shall be governed by and construed in accordance
with the laws of Ireland and be subject to the exclusive jurisdiction of the
Irish courts. |
