TRADING TERMS AND CONDITIONS
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: Packed Packaging Ltd
Our address is: Aspect Rosemount Industrial Estate Ballycoolin Dublin 15
You are: a visitor to our Website / our customer
The terms and conditions:
In this agreement:
means a person or business contracted by us to carry Goods from us to you.
means any material in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means pre-defined commercial terms published by the International Chamber of Commerce to describe a specific action or situation.
means any website of ours, and includes all web pages controlled by us.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
2.11. No variation, calculation, waiver of or addition to the contract constituted by our invoice and by conditions of sale shall be valid or approvable unless agreed in writing by Packed Packaging Ltd.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are immediately available, but we will contact the Customer as soon as possible with such information.
3.5. Whilst we shall make every effort to supply in accordance with your order we reserve the right to supply substitute colour and materials of a similar quality and nature in the event of unavailability of material and/or constituent parts.
3.6. If any delivery is delayed or cancelled by us due to force-majeure, dislocation of manufacture, strikes and lock-up (whether inside or outside our works) or other circumstances reasonably beyond our control it is agreed that we are released from our obligations to supply the goods in terms of this order and that the present order may be delayed or suspended during the continuance of such circumstances or cancelled by us at our option. We shall inform you of such circumstances without delay.
3.7. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.8. 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.
3.9. 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.
3.10. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. We shall accept your order by e-mail 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.
4.2. If we do not have all of the Goods you order in stock, we will offer you alternatives and/or information pertaining to your back orders. If this happens you may:
4.2.1 Wait for your backordered items to be shipped in accordance with the estimated delivery times
4.2.2 accept any alternatives we offer;
4.2.3 cancel all or part of your order;
5. Price and Payment
5.1. The price payable for the Goods that you order is clearly set out on Our Website at the time of order.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices displayed on the website exclude VAT. Prices charged on invoice/order will include Irish value added tax.
5.4. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euro will be borne by you.
5.5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. If, by mistake, we have under-priced the Goods, or there has been a clerical error whilst listing the goods on our site, we will not be liable to supply those Goods to you at the stated price and may amend your order to reflect the correct price and/or quantity.
5.7. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.8. If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 28 days from the date when we acknowledge that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Payment on running credit account
This paragraph applies only if credit facilities have been granted to you.
7.1. Payment is due to reach our account in accordance with your account terms with us.
7.2. On request, we will supply details of our bank account so as to enable you to pay directly via online or electronic transfer.
7.3. Our accounting system will automatically charge interest to your account after the due date. This rate is subject to change. Please contact us and we will inform you of the rate at any time.
7.4. If money due remains overdue after one month, the rate we charge will increase. You agree that this does not represent a penalty but is a reasonable estimate of the loss incurred by us as a result of not having the money. Please contact us and we will inform you of the rate at any time.
7.5. Any monies due or to become due from you shall not be liable to become the subject of any deduction by you or any set-off or counter claims arising out of this or any other order which we may have with you.
7.6. Any goods supplied in terms of our invoice remain our property until such time as the contract price together with any interest there on accruing have been paid in full. We retain the right of disposal accordingly and in pursuance thereof you hereby irrevocably grant to us and/or our authorised representative license to enter on any premises of yours on which such goods are kept for the purpose of taking possession of any such goods to which we are entitled hereunder in the event of the contract being cancelled by any cause whatsoever. In the event that the goods supplied under this or any other invoices by us have been sold or damaged or otherwise disposed of and the payment date having passed we retain the right to enter any premises of yours and confiscate any similar goods at a unit price to be determined by ourselves.
7.7. If you have not paid us for goods delivered in accordance with these conditions then we shall have the right to hold delivery of any further goods to be supplied by us, whether under the terms of this order or any other order, until you have reduced that amount owing by you to us to such a reasonable level as may be acceptable to us. Any such withholding shall not entitle you to cancel any order or a part thereof.
8. Delivery and pick up
8.1. Goods are delivered within the given timeframe when you place an order to purchase the Goods.
8.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.3. Any delivery date specified or otherwise given by us is approximate only and any claims arising as a result of our inability to meet any stated delivery date are excluded and there shall be no liability on the company whatsoever.
8.4. Delivery hereunder shall be sufficient if we or our Carrier obtain a delivery receipt signed by you or on your behalf. All risk in the goods shall pass to you on delivery as set out above.
8.5. If we are not able to deliver your Goods within 7 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.6. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.7. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.8. Please note that all orders are firm orders and you or somebody acting as your agent can not refuse Goods at the time of delivery for any other reason than damage in transport, incorrect amount or incorrect items. Please utilise the returns facility of our website to return unwanted items.
8.9. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.10. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.11. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
8.12. Some Goods are so large and/or heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order or as soon as possible afterward.
8.13. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8.14. We are happy for you to pick up designated Goods from our premises provided the order has been completed online, payment has been received or order has been allocated to your account and you make an appointment in advance for collection. Payment on arrival is not acceptable.
8.15. If you pick up Goods from our premises then:
8.15.1 Goods are at your risk from the moment they are picked up by you or your Carrier from our premises;
8.15.2 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
The Goods will be carried as follows:
9.1. By our own fleet or by a reputable carrier.
9.2. You will pay any handling and shipping or other incidental costs and expenses we have incurred or will incur in relation to the Goods.
10. Liability for subsequent defects
10.1. We will repair or replace the Goods showing a defect in the following circumstances:
10.1.1 No claim by you for defective goods will be entertained unless notification of such claim is received in writing within 7 days of the receipt of the goods by you. Should such a claim be received by us, it will be considered in the light of all other conditions of this order and without prejudice to any rights we may have under those conditions.
10.1.2 If, in respect of any one delivery of any goods, several items in excess of normal commercial tolerance are alleged by you to be defective or damaged you will inform us pursuant to the provisions of sub-paragraph (10.1.1) above and you shall before the expiration of 7 days of receipt of the goods by you return at your expense one item of the defective or damaged goods for inspection to us. If, thereafter, the goods are accepted by us to be defective or damaged then you will return such defective or damaged items to us and we will either replace the same and credit you with the cost of freight and insurance in returning all defective or damaged items to us or we will credit you with the selling price to you (ex our warehouse) of the defective or damaged items and also the costs of freight and insurance in returning same to us.
10.1.3 Under no circumstances will we be liable to reimburse you in any way whatsoever for any loss of profits that you may suffer.
10.1.4 The defect results only from faulty design or manufacture;
10.1.5 No claim under these conditions in respect of any delivery or part delivery of an order for goods shall entitle you to cancel the remainder of order or contract.
10.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
10.3. If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect. We shall not be liable for any consequential or special damage resulting from the supply, delay in or failure to supply or failure of the goods, including without limitations, loss or profits.
11. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase or we have agreed in correspondence that you may return them.
11.2. Defective or damaged goods must be dispatched to us within 7 days of our accepting that they are defective or damaged.
11.3. So far as possible, Goods should be returned:
11.3.1 with both Goods and all packaging as far as possible in their original condition;
11.3.2 securely wrapped;
11.3.3 including our delivery slip;
11.3.4 at your risk and cost (unless previously agreed with us in correspondence).
11.4. The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods or process your order in a reasonable timeframe.
11.5. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
11.6. Most of the Goods are covered by a limited manufacturer’s guarantee. Please contact us about a specific product and we will inform you of the exact guarantee.
11.7. If delivery was made to an Irish address, you are also protected by the Supply of Goods and Services Act 1980.
11.8. If we agree that the Goods are faulty, we will:
11.8.1 refund the cost of return carriage;
11.8.2 repair or replace the Goods as we choose.
12.1. The law differs from one country to another The order in any contract which may ensue shall be construed and governed in all respects according to Irish Law and the only court having jurisdiction to try any issue hereunder shall be the high Court of Justice in Dublin or such other court in the Republic of Ireland as shall be appropriate.
12.2. All the conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
12.3. 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.
12.4. 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.
12.5. We give no warranty and make no representation, express or implied, as to:
12.5.1 the quality of the Goods;
12.5.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.5.3 the correspondence of the Goods with any description;
12.5.4 the adequacy or appropriateness of the Goods for your purpose;
12.5.5 the accuracy of any Content on Our Website;
12.5.6 non-infringement of any right.
12.6. 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.
12.7. In any event, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
13. Your account with us
13.1. 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.
13.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3. 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.
14. Intellectual property
14.1. The copyright in any goods, artwork, designs and plates furnished by us to you, vest in us and the same shall not now without our written consent be disclosed to a third party except in connection with the sale of the goods in the normal course of your business.
14.2. 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).
14.3. 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.
14.4. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
14.5. 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.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with the law of any country;
15.2. your breach of this agreement;
15.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
15.4. a contractual claim arising from your use of the Goods.
15.5. We shall not be liable for any claims whether brought against you or us at Common Law or under any Statute or otherwise by any person or legal entity arising out of this or any other we might have with you except as provided herein and you shall indemnify us against any such claims and the proper and reasonable costs of any such legal proceedings.
16. Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
16.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
16.3. download any part of Our Website, without our express written consent;
16.4. collect or use any product listings, descriptions, or prices;
16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
16.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
16.7. share with a third party any login credentials to Our Website;
16.8. Despite the above terms, we now grant a licence to you to:
16.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any goods in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
16.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
17. Special / Bespoke Products
17.1. All orders for Special / Print products are accepted on the basis that the following specific terms and conditions apply. These terms and conditions apply in addition to the ordinary conditions of Sale of Packed Packaging Ltd. (hereinafter referred to as “the Company”).
17.1.1 Any stipulation as to the date of delivery shall not be of the essence of the contract. The Company will make every effort to ensure delivery by any specified delivery date, but the Company shall not be liable in respect of any claims by the Customer arising from the Company’s failure to meet a specific delivery date.
17.1.2 The Company reserves the right to deliver to the Customer up to 15% more or less than the quantity of any Bespoke Print Product ordered by the Customer. Any excess over the quantity ordered, which is so delivered, will be charged and paid for by the Customer pro rata; where a lesser quantity than that ordered is to be delivered, the Customer will be charged and pay for the quantity actually delivered.
17.1.3 Unless otherwise specified all artwork and origination charges incurred by the Company in respect of a Bespoke Print Order will be invoiced at cost and payment by the customer of the said charges will be strictly net. All printing blocks and accessories produced or used in connection with a Bespoke Print Order will remain the property of the company.
17.1.4 The Company will not accept the return of any Special / Print Product previously delivered, other than in the event of the product being agreed as being faulty by both parties.
17.1.5 Once the proofs of the artwork for a Bespoke Print Product have been agreed by the Customer, the Company can accept no further amendments. Carriage charges incurred in obtaining such items may be passed on to the Customer.
17.1.6 Payment terms in line with trading account.
17.1.7 A deposit (determined at the time) is required at time of ordering.
18. Miscellaneous matters
18.1. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
18.2. If any term or provision of this agreement 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.
18.3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.7. This agreement does not give any right to any third party.
18.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
18.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.10. If you shall make any default or commit a breach of these conditions or if any distress or execution shall be levied upon your assets, or if you shall make any arrangements or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be made against you, of if you are a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of such company’s undertaking or assets or any part thereof shall be appointed we shall have the right forthwith to determine any contract then subsisting between us and upon written notice of such determination being posted to you at your last known address any subsisting contracts between us shall be deemed to have been determined without prejudice to any claim or rights we may otherwise make or exercise. In the event of any breach of contract by you as a result of which we incur any legal fees, such proper and reasonable fees are to be borne by you.
18.11. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.