2. ABOUT SWIFTSUPPLIES
SwiftSupplies, a company registered in Ireland, with company number 574425. Our postal address is SwiftSupplies Moorefield Road, Newbridge, Co. Kildare. We are the data controller for the purposes of the Data Protection Act 1988 and 2003 (the “DPA”).
3. TYPES OF DATA
In this policy: your data refers to any data relating to you or your representatives that we may process from time to time; personal data means your data that is personal data under the DPA; individual subscriber data means your telephone number, fax number or e-mail address, if you are an individual, partnership or an unincorporated association; and corporate subscriber data means your telephone number, fax number or e-mail address that is not personal data or individual subscriber data.
4. OUR COMMITMENT
5. CONTACTING US
If you have any questions about our processing of your data, please contact us using our postal address set out above or using any of the contact methods listed on our web site.
6. HOW DO WE OBTAIN CUSTOMER DATA?
We may obtain your data in the following ways:-
6.1 Account Set-Up
When you set up an internet account with our website to shop on line.
6.2 Newsletter Registration
If you register an e-mail address with us to receive offers and newsletters from us.
6.3 Orders and Enquiries
When you place orders with us, pay for your orders, or make enquiries with us.
6.4 Telephone Calls
We may record telephone calls between you and us, for the purposes detailed in paragraph 8.4(Evidence, Security and Fraud) below.
6.5 Website Browsing
6.6 Credit References
To help us decide whether to accept orders from you or (where applicable) allow you payment credit terms, we may undertake searches and enquiries and obtain whatever references or other information we consider necessary, including carrying out searches with credit reference agencies. You can contact us for details of the credit reference agencies used by us. Credit reference agencies may add to their records details of our search which will then be seen by other organisations making searches, and may be linked to records of others associated with you, including any person with whom you are linked financially and members of your household.
6.7 Self-Generated Data
We may also generate data in relation to you in the course of performing your orders and dealing with any payments, enquiries and problems concerning your orders.
7. WHAT DATA DO WE HOLD?
In order for us to provide the best possible level of service, we gather and hold the following types of information in relation to you:-
7.1 Contact Information
Contact details relating to you, including your postal, invoicing, and delivery addresses, your telephone, mobile, and fax numbers, and your e-mail addresses. If a business account is registered (where you are not a consumer), we will also keep on record details of the business or other organisation, including name and contact details of the business, and contact details of its representatives.
7.2 Creditworthiness Information
Information obtained through searches and enquiries carried out and references or other information obtained by us concerning your credit worthiness.
7.3 Payment Information
Information relating to your payment methods and payments made, including your credit or debit card information and payment history and any credit check information. Note that we only retain your card information for a limited period of time, to process the specific order in which you provided that information, and make any refunds. You can change the settings in your internet account to ask us to keep these details on record for future transactions.
7.4 Order Information
We generate and hold information specific to your orders with us, including a record of those orders (your purchase history), payments made, order tracking, fulfilment, delivery, returns and refunds.
7.5 Web Site Usage Information
We may record your usage of our website, including the products you browse and pages you visit. As part of this, we may also collect information about your computer, including where available your IP address, location, operating system and browser type.
7.6 Relationship Information
We record information relating to any communications and dealings we have with you. This includes enquiries, complaints, and credit checks.
8. WHAT DO WE USE YOUR DATA FOR?
8.1 Customer Relationship Management
Your data is used to provide you with personalised services and to correspond with you. We use it to support and manage your customer relationship with SwiftSupplies, including to maintain your account, inform you of changes and general news in relation to SwiftSupplies, and deal with your enquiries and complaints.
8.2 Searches and Assessment
We use your data to help us decide whether to accept orders from you, trace you, verify your ID and address, and (where applicable) to allow you payment credit terms. We may use a credit scoring or other automated decision making system.
8.3 Performing Contracts
We use your data for the purposes of performing, administering, enforcing and managing your orders and their subsequent fulfilment, maintaining a purchase history, and handling any complaints or claims.
8.4 Evidence, Security, Quality, Fraud Prevention and Training
We use your data along with other data we hold for the purposes of evidence, security, quality control, and training.
8.5 Business and Service Improvement
We use your data along with other data we hold, to carry out assessment, analysis and research in relation to our business, products, services, websites and customers, including: to assist in the provision of services and products to you; to facilitate reviews, developments, personalisation and improvements of the services and products offered to you; to improve our websites, including to improve the layout and design of our site, and to ensure that that content from our website is presented in the most effective manner for you and for your computer; and to enhance your user, browsing and purchasing experience, including to provide you with a more personalised service which is tailored to suit your needs. The information we gather is analysed either in the aggregate or at a customer level as appropriate.
We use your data along with other data we hold for the purposes of assessing the effectiveness of and managing advertising by us and by third parties who advertise on our sites, including to help our third party advertisers to reach the kind of audience they want to target (for example, people living in a certain area of the country, and to target the display of advertisements to their target audience).
8.7 Marketing (Individuals, Partnerships and Unincorporated Associations)
With respect to personal data and individual subscriber data, if you have consented, we may use your data to send marketing communications to you from time to time with advertisements, offers and promotions relating to SwiftSupplies and the products and services we offer for sale (including our regular email newsletter service, which brings to you details of special offers and product promotions as well as information on new products). You are free to opt-out of our newsletter and other marketing communications at any time by contacting us, or changing any settings in your account on our website, or using any unsubscribe link in any marketing e-mail we send to you.
8.8 Marketing (Corporate Data)
Subject to any applicable legal restrictions, if you are not an individual, partnership or unincorporated association, we may use your contact data (including contact data of your individual representatives, and corporate subscriber data), to send marketing communications to you from time to time with advertisements, offers and promotions relating to SwiftSupplies and the products and services we offer for sale (including our regular email newsletter service, which brings to you details of special offers and product promotions as well as information on new products), and relating to products and services offered for sale by third parties.
We may use your data for the purposes of enforcing any orders from you, and for the purposes of dealing with fraud and complying with any legal obligations applicable to us.
9. WHO DO WE DISCLOSE YOUR DATA TO?
We do not share your data with any third parties except as provided in this policy or as required or permitted by law or as consented to by you. Were we share your data with third parties, such sharing will be limited to such data as is appropriate to the purpose indicated below.
9.2 Order Performance
We disclose your data to third parties such as credit and debit card processing companies, outside suppliers, distributors and delivery companies, in order to perform your orders, collect payment, deal with returns, and provide you with a service, or send any communications to you.
We disclose your data to credit reference agencies and other third parties in connection with any searches, enquiries, references and other information we wish to obtain, to help us decide whether to accept orders from you, trace you, verify your ID and address, and (where applicable) allow you payment credit terms.
9.4 Security, Quality Control and Training
In order to improve security and quality, and carry out training, we may disclose your data to our staff and to third parties providing services to us in that regard.
9.5 Business and Service Improvement
We share your data with other companies within our group and to our trusted third parties, agents, and business partners, for the purpose of accomplishing our objectives set out in paragraph 7.4(Business and Service Improvement). These third parties will only use your data for those purposes and will only have access to such of your data as is relevant to service they are providing. For these purposes your data may be included in aggregate statistics about our sales, traffic patterns, and related website information, but these statistics will include no personally identifying information.
We may share your data with advertisers for the purposes of paragraph 7.5(Advertising). Any data reported to our advertisers will always be in the form of anonymous data only and does not identify you. For instance, we may provide aggregate information about our customers, such as “700 men aged under 25 have clicked on an advertisement on any given day”.
With respect to personal data and individual subscriber data, we will not share that data with third parties for use in direct marketing by those third parties for their products and services without your consent. Subject to any applicable legal restrictions, if you are not an individual, partnership or unincorporated association, we may use your contact data (including contact data of your individual representatives, and corporate subscriber data), we may sell or otherwise supply such data to third parties for use by them to send you marketing communication directly concerning products and services offered for sale by such third parties, with or without your consent.
We may use and disclose to third parties any data we hold about you and your payment record for the purposes of administration and enforcement of any sale contracts with you and for other related purposes. We may also supply your data to relevant authorities and other third parties where legally required or reasonably required in connection with any legal process, or any legal obligations binding on us.
10. DATA SECURITY
10.1 Security Measures
We are firmly committed to data security and we aim to follow good industry practice in relation to the prevention of unauthorised access to your data stored in our systems, including using password-protected servers. Please see our Security Policy for further information about the online and offline security measures we adopt to protect your data against unauthorised processing and against accidental loss, destruction or damage.
10.2 Internet Security
Please note that the transmission of information via the internet can never be completely secure. Although we aim to follow good industry practice in relation to the security measures we adopt on our website for the encryption of data for transmission between our website and your computer, we do not guarantee the effectiveness of such encryption methods or the security of your data during transmission or on your computer.
11. WHERE WE STORE DATA ABOUT YOU
Your personal data, may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By placing an order with us, you consent to the processing of your personal data outside the EEA.
12. ACCURACY AND UPDATING INFORMATION
If you have registered an account with our website, you can check the information we store for your account by visiting our website and logging-in. You can amend any inaccuracies through this facility, save for any changes to your invoicing details, which can be changed by phoning our customer care team on 1890 818 130. Alternatively, you can contact us by post or email or using any method set out on our website requesting that we update, modify or delete any account information that is no longer accurate or up-to-date.
13. RIGHTS OF INDIVIDUALS
By law individuals have the following rights in relation to their personal data under the DPA. If you wish to exercise any of these rights, then please contact us using the contact information set out above.
13.1 Access to Your Data
The law gives you a right to be told what personal data we hold about you, subject to certain limitations. We may charge you a fee in accordance with the DPA in dealing with your request.
13.2 Stopping Marketing
If we are sending you marketing communications using your data, the law gives you a right to ask us to stop doing this.
13.3 Damage and Distress
The law gives you a right to ask us to stop using your data for any purpose, where that purpose is causing you unwarranted substantial damage or distress; and the law gives you a right to claim compensation for damage suffered if we breach the law.
13.4 Changes to Your Information
You have the right to ask for the rectification, erasure or blocking of any of your data which is inaccurate.
14. VISITING THIRD PARTY WEBSITES
Our website may, from time to time, contain links to and from the websites of third parties, including our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy and cookies policies and that we do not accept any responsibility or liability for these policies or for any data which those websites may obtain from or in relation to you. Please check these policies before you submit any data to these websites.
16. LEGAL STATUS OF THIS POLICY
This document is not intended to and does not create any contractual rights. This document not affect your rights at law, including under the DPA and the e-Privacy Regulations.
Terms and Conditions
This website is operated by SwiftSupplies unlimited company, Co. Kildare, Ireland CRO 3421557FH. Throughout the site, the terms “we”, “us” and “our” refer to SwiftSupplies. swift supplies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – How the contract is made
Your order to us is your offer to purchase the Goods on these Conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
-Acceptance of your order
For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order, or if sooner, we first email you to confirm acknowledgement of the order.
-Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you and give you our reasons. We will not normally accept any order until we have received pre-payment in full. Other reasons may include that the Price, offer, or product has changed or because any of the Goods you have ordered are not available.
Section 2 – SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the Goods specified in the Contract Documents. If you contract with us as a Consumer, you must be aged 18 years or over to purchase from our Website.
SECTION 3 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 4 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 6 – DESCRIPTION
The Goods will be the make and model of Goods specified in the Ordering Web Pages, will correspond to the essential characteristics, description and specification set out in our Website at the time of order. We will not be responsible for variations between the description of the Goods on our Website and the manufacturer’s specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the Goods or be the subject of any claim against us.
SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 10 – DELIVERY
– Delivery Address
Delivery will be to the Delivery Address selected or provided by you in the Ordering Web Page. If no address was selected, then delivery will be to the address at which your payment card is registered, or to any other address you have provided.
– Delivery Days
We only deliver on working days, within the working hours specified on our Website (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery.
– Delivery Timescales
We will use reasonable efforts to deliver the Goods by the delivery dates or within the delivery timescales stated in the Ordering Web Pages, or our standard delivery timescales stated on our Website, if a specific timescale has not been stated in the Ordering Web Pages. However delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Subject to the next sentence in respect of consumers, if we do not make a delivery date and we fail to deliver within 30 days and any additional period of time as may be agreed with you, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery. Due to the nature of some products, extended delivery times may occur.
We may make delivery of the Goods by instalments.
– Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time. We will give you the option of collecting the products from our depot or requesting further delivery attempts at further delivery charge. We will store the products for a maximum of 1 month, after which we may sell the products and (if we have not refunded to you the price for the products) account to you for the proceeds less our reasonable storage costs and any other amounts which you are liable to pay us.
– Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your Goods, as this will be important if you are returning the Goods later on.
Unless an installation service is provided as part of your Goods order, you will be responsible for unpacking and installation of any Goods.
– Inspection on delivery
When you receive the Goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the Goods you ordered, and within 10 working days of receipt of the Goods if you consider that the Goods are faulty or damaged, otherwise the Goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Goods and your statutory rights or right to cancel the contract if you are a Consumer are not affected.
If you are a Business Purchaser, risk in the Goods shall pass to you on delivery. If you are a Consumer, risk in the Goods shall pass to you when you acquire the physical possession of the Goods.
– Retention of Title
Title to the Goods passes to you on delivery, unless the Price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the Price and all other amounts payable under the contract. You agree that we may still sue for the Price, notwithstanding that title has not passed. If you are a Business Purchaser, you also agree that your right to possession and use of the Goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the Goods are kept for the purposes of repossessing them.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 16 – CANCELLATION RIGHT
Where you are a consumer, then you have the right to cancel the contract for any products without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the “Cancellation Regulations”) on and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or mis-described products. If you are a business then we also give you a right to cancel the contract for any products without giving any reason in accordance with the terms detailed below.
– All Customers
Your cancellation right does not apply to the following products (unless such exceptions are not permitted by the Cancellation Regulations): where our website or catalogue states that the cancellation right does not apply to that product, products ordered by us from a manufacturer specifically for a customer, gift cards; products made to your specifications or personalised for you, such as personalised stationary, labels and forms, and stamps; sealed audio or video recordings and sealed computer software packages, if the seals are broken after delivery; stamps; and products liable to deteriorate or expire rapidly.
– Business Customers
If you are a business, your cancellation right does not apply to the following products: furniture; services; products that have been assembled after delivery, including by us under our installation service; used products, other than use simply to test that they work and are in the condition required by the contract; products not returned with all packaging, contents, documents, and other items supplied with or as part of the products, including any free gifts; products damaged or marked in any way after delivery; and products not returned in a resalable condition (being resalable for at least 80% of the price they were sold to you) due to anything occurring after delivery; or products title to or possession of which has been given by you to a third party.
– Cancellation Deadline
You may exercise your right to cancel at any time up to the time stated below (the “cancellation deadline”). The cancellation deadline is 30 days after delivery of the products. For consumers, the Cancellation Regulations in fact allow you only 14 days, but we agree to extend this to 30 days as an additional benefit to you. If the contract covers multiple products, then the cancellation period runs from the delivery of the last of those products.
How to exercise your right to cancel
– Telling us
To exercise you right to cancel, you must inform us of your decision by a clear statement to us. If you are a business customer, that statement must be in writing.
– When you must inform us
If you are a consumer it is sufficient to meet the cancellation deadline if you send your statement before the cancellation deadline, even if we do not receive it until after the cancellation deadline. If you are a business, we must receive your statement before the end of the cancellation deadline.
– Methods of informing us
You can exercise your right to cancel in any manner you decide, but we would prefer customers to email their information to email@example.com
Section 17 – WARRANTY
– Manufacturer’s Warranty
We hereby assign to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the Goods. You are responsible for dealing directly with the manufacturer concerning claims under that warranty.
– Our Warranty
We warrant that the Goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the Goods;
(b) we will replace the Goods with Goods which do conform to the contract; or
(c) we will take the Goods back and refund you all amounts paid by you under the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
– Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the Goods are hereby excluded to the fullest extent permitted by law. If you contract with us as a Consumer, this shall not affect your statutory rights which cannot be excluded or varied under applicable law.
LIMITATION OF LIABILITY
– Meaning of “liability”
In the contract, references to our “liability” shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the Goods.
– Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract in the event of a valid cancellation or warranty claim under the formentioned to the extent applicable.
– Excluded Types of Loss
Subject to the formentioned we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the Goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
– General Limitation
With the exception of liability covered formentioned our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the Price, Delivery Charges and other amounts payable by you under the contract.
Section 18 – FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
SECTION 19 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall swift supplies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SwiftSupplies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
SECTION 26 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org