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: [email protected] .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.
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 [email protected]
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.
All notices shall be given to the Business via e-mail at [email protected] 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.
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.
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.
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.