Clause 1: Contract Neopost Ireland Limited ("the Company") agrees to supply goods ("the Goods") as displayed in the Neopost online shop on this web site to you ("the Customer") subject to the following terms and conditions.
The Customer offers to purchase the Goods by placing an order via this web site in accordance with the instructions on the web site. Acceptance of orders is subject to stock availability, account status and (where a credit card has been used) payment processing. This Contract between the Company and the Customer is not completed until the Company has accepted the Customer's order by sending an email to the Customer confirming that the Customer's order of Goods is accepted and will be dispatched. The Customer shall not:
- disclose its login and password to others;
- access the website using another's login or password;
- provide false or misleading information to the Company via this web site; or
- attempt to, or knowingly permit another to, do any of the above acts.
Clause 2: Delivery and Installation Subject to clause 1 All orders are processed and dispatched within 24 hours of order placement.
In the event that your order is not in stock Neopost recommend you give 10 working days for delivery. However, any delivery or installation date offered by the Company to the Customer whether orally or in writing is an estimate only and in no circumstances shall the Company be liable for any loss or damage whatsoever arising from the failure to observe such delivery or installation date.
Clause 3: Force Majeure and Frustration Whilst the Company will use all reasonable endeavours to fulfil its contractual obligations hereunder, it shall not be liable for any delay brought by events which are beyond the control (for any reason) of the Company including Acts of God, Governmental act, fire, flood, accident, industrial dispute, failure of internet service provider or telecommunications service provider and riot.
Clause 4: Risk The Goods shall from the time of delivery by the Company, its supplier or sub-contractors to the Customer be at the sole risk of the Customer.
Clause 5: Payment Credit card payment in full is necessary for online payment and to avail of any online discount. In the event that a credit card payment is not used and unless otherwise agreed in writing, the Customer shall make payment for the Goods within 30 days of the date of the Company's invoice. If payment is not made when due the Company may without prejudice to its other rights, charge interest as set out by the Late Payments in Commercial Transactions Regulations, 2002. This rate can be checked on www.centralbank.ie Late payment interest rate applies for the period beginning on the day after the payment due date. The Customer shall not purport to set off or withhold any payments claimed or due to the Company under this or any other contract. Unless expressly stated otherwise, all prices are exclusive of Value Added Tax.
Clause 6: Ownership The Company shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Customer. If the Customer fails to make any payment to the Company when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Company has reasonable course to believe that any of these events is likely to occur, the Company shall have the right, without prejudice to any other remedies:
- to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Customer under this or any other contract;
- to require the Customer not to resell or part with possession of any Goods owned by the Company until the Customer has paid in full all sums owed by it to the Company under this or any other contract; and
- to withold delivery of any undelivered Goods and to stop any Goods in transit.
Unless the Company expressly gives notice to the Customer that it wishes to immediately terminate a contract for the reasons set out in this clause 3, any contract between it and the Customer for the supply of Goods shall remain in existence notwithstanding any exercise by the Company of its rights under this clause 3.
Clause 7: Return and Refunds The Company warrants that the Goods will be free from defects in materials and workmanship for a period of 3 months (for machines) and 10 days (for consumables) from the date of delivery and the Company will at its repair or replace free of charge any Goods which its examination confirms are defective provided:
- the Customer makes a full inspection of the Goods immediately upon delivery;
- the Customer notifies the Company forthwith of any defects which it discovers;
- the Customer has used the Goods in accordance with any instructions or recommendations of the Company;
- the Goods have not been adjusted, altered, adapted or repaired by any party other than the Company;
- the Goods are either made available to the Company for inspection or released to the Company at the Customer's own expense, as the Customer may request.
- Returns must be in their original condition and with all accessories included in your package
Except as provided for in this Contract, there are no warranties, express or implied, of merchantability or of fitness for purpose, or of any other kind except as to title. In particular, all conditions and warranties which could otherwise be implied by statue or under common law are hereby excluded to the maximum extent permissible by law. When you do return a product/s we recommend that you obtain proof of postage from the Post Office as we are unable to take responsibility for packages lost in transit and/or courier company. Your statutory rights in relation to returns and refunds are not affected.
Clause 8: Liability The Company shall under no circumstances be liable for any indirect, special or consequential losses (including loss of anticipated profit or third party claims), costs or damages howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Company has been advised of the possibility of such potential loss, except that the Company shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Company or for liability for any fraudulent misrepresentation by the Company. The liability of the Company to the Customer for direct loss in contract, tort or otherwise arising out of or in connection with this Contract or the Customer's use of the Goods shall be limited to the amount of the sum paid under this Contract by the Customer to the Company except that the Company shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Company or for liability for any fraudulent misrepresentation by the Company.
Clause 9: General The failure or delay of the Company to exercise or enforce any right under this Contract shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any time or times thereafter. The Customer shall not be entitled to assign this Contract nor any of its rights or obligations hereunder. If any provision of this Contract shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be severed from this Contract and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining provisions of this Contract which will remain in full force and effect. Except where specified otherwise, any notice to be given under this Contract shall be in writing and shall be delivered by hand, sent by registered post or sent by facsimile (such notice to be confirmed by letter posted within 12 hours) to the address of the other party. Any such notice or other document shall be deemed to have been served: if delivered by hand - at the time of delivery; if sent by post - upon the expiration of 48 hours after posting; and if sent by facsimile - at 9.00 am on the next business day after the facsimile was dispatched.