TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site or Purchaser and, Packaging Direct , the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
means any products that Packaging Direct advertises and / or makes available for sale through this Web Site;
“Packaging Direct ”
means Willowrose Limited, Greenogue Business Park;
means collectively any online facilities, tools, services or information that Packaging Direct makes available through the Web Site either now or in the future;
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means any person or business that buys Goods from Packaging Direct from this Web Site;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at >;
means any online communications infrastructure that Packaging Direct makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by Packaging Direct and acting in the course of their employment; and
means the website that you are currently using (https://www.packagingdirect.ie) and any sub-domains of this site (e.g. subdomain.) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only.
3. International Customers
If Goods are being ordered from outside Packaging Direct country of residence, import duties and taxes may be incurred once the Goods reach their destination. Packaging Direct is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Packaging Directgives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
1.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PackagingDirect , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
1.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Universal Packaging.
5. Third Party Intellectual Property
1.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
1.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Packaging Direct or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://www.packagingdirect.ie without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Packaging Direct . To find out more please contact us by email at [email protected] or UNIT P4 GREENOGUE BUSINESS PARK RATHCOOLE CO. DUBLIN.
9. Use of Communications Facilities
1.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
1.a.1 obscene or vulgar language must not be used;
1.a.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
1.a.3 Content that is intended to promote or incite violence must not be submitted;
1.a.4 it is advised that submissions are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;
1.a.6 Users must not impersonate other people, particularly employees and representatives of Universal Packaging or our affiliates; and
1.a.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
1.2 You acknowledge that Packaging Direct reserves the right to monitor any and all communications made to us or using our System.
1.1 In order to purchase Goods on this Web Site and to use all facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:
1.a.1 all information you submit is accurate and truthful;
1.a.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
1.a.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
1.2 It is recommended that you do not share your Account details, particularly your username and password. Packaging Direct accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
1.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Packaging Direct immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Universal Packaging accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
1.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
1.1 Either Packaging Direct or a User may terminate an Account. If Packaging Direct terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
1.2 If Packaging Direct terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
1.3 Packaging Direct reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
1.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
1.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
1.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Packaging Direct .
13. Goods, Pricing and Availability
1.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Packaging Direct correspond to the actual Goods, Packaging Direct is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
1.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
1.3 Packaging Direct does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
1.4 All pricing information on the Web Site is correct at the time of going online. Packaging Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every monthly.
1.5 In the event that prices are changed during the period between an order being placed for Goods and Packaging Direct processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
1.6 All prices on the Web Site include VAT of 21.5% (December 2008) .
14. Property, Risk and Account of Profits
1.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Packaging Direct . Title remains with Universal Packaging until payment is complete.
1.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Packaging Direct or forming a component part of a larger Good, and any amount of the purchase price payable to Packaging Direct remains outstanding, the Purchaser must account to Packaging Direct for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Packaging Direct until payment has been received in full by Packaging Direct .
1.3 Packaging Direct reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Packaging Direct has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Packaging Direct .
1.1 Packaging Direct will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
1.2 If Packaging Direct receives no communication from you, within << >> days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.