Contico Ireland Website Terms and Conditions

Contico Ireland Website TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Contico, the owner of this Web Site. Your agreement to comply with and be bound by these Contico.ie Terms and Conditions (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.

Purchases of Goods are also subject to the Contico Ireland Standard Trading Terms and Conditions, please click here to view them. In the event of any conflict or inconsistency between these Terms and Conditions and the Contico Ireland Standard Trading Terms, these Terms and Conditions shall prevail.

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 if Contico actually dispatches the relevant Goods to the Purchaser.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”	means a business account with Contico under which a User may purchase Goods, including without limitation the credit terms , and invoicing and payment terms agreed between Contico and the User for purchase of the Goods.;
“Content”	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;
“Goods”	means any products that Contico advertises and / or makes available for sale through this Web Site;
“Contico”	means Contico Ireland Limited whose registered office is at OSK, East Point Plaza, East Point, Dublin 3:
“Customer Services”	means the Contico customer service department who will where possible provide you with assistance in using this Web Site. The Customer Services Manager can be contacted on: T: +353 (0)1-4111 509.
“Service”	means collectively any online facilities, tools, services or information that Contico makes available through the Web Site either now or in the future;
“Payment Information”	means any details required for the purchase of Goods from this Web Site.
“Purchaser”	means any User who has been authorised by Contico to use this Web Site to buy Goods from Contico;
“System”	means any online communications infrastructure that Contico makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, and email links;
“User” / “Users”	means any Contico customer that accesses this Web Site.; and
“Web Site”	means the website that you are currently using being one of: contico.ie;

Intellectual Property
1. Subject to the exceptions in Clause 3 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 Contico 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.
2. Subject to Clause 4 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 Contico.
Third Party Intellectual Property
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.
2. Subject to Clause 4 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.
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.
Links to Other Web Sites
This Web Site may contain links to other sites and material. Unless expressly stated, these sites are not under the control of Contico or that of our affiliates. We assume no responsibility for the content of the Internet and such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of the Internet or such web sites. 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.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so however Contico reserves the right at any time to request the removal of any such link, and the party who placed the link will immediately comply with such a request.
Use of Communications Facilities
1. When using any enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
  1. obscene or vulgar language must not be used;
  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;
  3. Content that is intended to promote or incite violence must not be submitted;
  4. it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  5. the means by which Users identify themselves must not violate these terms of use or any applicable laws;
  6. Users must not impersonate other people, particularly employees and representatives of Contico or our affiliates; and
  7. our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
2. You acknowledge that Contico reserves the right to monitor any and all communications made to us or using our System.
3. The Services provided by this Web Site do not include the provision of any equipment necessary to access the Web Site, and Contico shall not be liable for any telephone or other costs that you may incur.
Accounts
1. In order to purchase Goods on this Web Site, Users are required to have email address(es) authorised by Contico under Clause 8.2, Contico Web Site password(s), and an Account which will contain certain details and Payment Information. By continuing to use this Web Site you represent and warrant that:
  1. all information you submit is accurate and truthful;
  2. if you are buying on behalf of your employers, you have the authority to place the order(s) on Contico; and
  3. you will keep this information accurate and up-to-date.
2. Following written confirmation from Contico that a User has been given access to the Web Site, Contico will contact the User for the email address(es) of the person(s) within the User’s organization who has(have) authority on behalf of the User to place orders on Contico using this Web Site. After such email address(es) has(have) been authorised by Contico for the purpose of using this Web Site to buy Goods (“Email Addresses”), Contico will then provide the User with password(s) in order to enter the Web Site (“Passwords”). Only the Email Addresses and Passwords will be allowed to be used on the System on behalf of the User, including without limitation, to place purchase orders.
3. It is recommended that you do not share your Account details, however you must keep details of the Email Addresses and Passwords confidential and you must not disclose them or share them with anyone. You will be responsible for all orders that occur or are submitted under the Email Addresses and Passwords. Contico accepts no liability for any loss or damage incurred as a result of any details of Email Addresses and/or the Passwords being shared by you. If you use a shared computer, it is recommended that you do not save your Email Addresses and Passwords in your internet browser. Always log out before you exit the Web Site.
4. If you have reason to believe that any details of your Email Addresses and /or Passwords have been obtained by another without consent, you should contact Contico immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Contico accepts no liability or responsibility, and you will have to pay for the Goods purchased.
5. Should Contico have reason to believe that there has been or is likely to be a breach of security or misuse of the Web Site, then Contico may change your Passwords or suspend your Account so that you are not able to place orders.
Termination and Cancellation
1. Contico may terminate your use of this Web Site immediately. If Contico terminates your use of this Web Site, you will be notified and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
2. Contico may suspend your registration and/or use of this Web Site immediately.
3. If Contico suspends or terminates your registration or use of this Web Site, any current or pending purchases on your Account made using this Web Site will be cancelled and will not be dispatched.
4. Contico reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
Payment
1. An order which would result in the Purchaser’s credit limit being exceeded may be cancelled by Contico.
2. The Purchaser cannot amend an order after the Purchaser has placed the order.
3. The Purchaser’s order is an offer to buy from Contico. Nothing Contico do or say will amount to acceptance of that offer until Contico actually dispatch Goods to the Purchaser, at which point a contract will be made between the Purchaser and Contico. At any point up until then Contico may decline to supply Goods to the Purchaser. If Contico declines to supply Goods to the Purchaser and the Purchaser has already paid for them, Contico will not be liable to the Purchaser and will give the Purchaser a full refund of any amount paid for the Goods in question.
4. Where Goods are dispatched separately, Contico’s acceptance of the order in respect of each item takes place when that item is dispatched.
Goods, Pricing and Availability
1. Contico does not represent or warrant that such Goods will be available. In the event that Contico are unable to supply any Goods, Contico will not be liable to you.
2. Contico reserves the right to limit the supply of any Goods, and customers will be contacted in the event of such action.
3. In the event that Contico have by mistake under priced any Goods, then Contico will not be liable to supply those Goods to you at the stated price, provided that Contico notifies you before Contico dispatches the Goods to you. In such circumstances Contico will notify the correct price to you so you can decide whether or not you wish to order the Goods at that price.
4. All prices on the Web Site do not include VAT.
Privacy
Use of the Web Site is also governed by our Website Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above. Except as expressly set out in these Terms and Conditions, all use of your information will be made in accordance with the Contico privacy policy.
Disclaimers
1. Contico makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2. Contico will use its reasonable endeavours to check the accuracy of the Content of this Web Site , however the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions
Contico reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If Contico is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
Availability of the Web Site
1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. Contico accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
1. Notwithstanding anything else in these Terms and Conditions, Contico accepts no liability to the User, the Purchaser or any third party for any direct or indirect loss or damage, foreseeable or otherwise, including without limitation any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, whether arising by way of indemnity or by reason of any breach of contract or of statutory duty or by reason of any tort (including negligence) or otherwise.
2. Users and Purchasers should be aware that they use the Web Site and its Content at their own risk.
3. Nothing in these Terms and Conditions shall limit or exclude Contico’s liability for death or personal injury resulting from Contico’s negligence or any other liability to the extent that it cannot be excluded or limited by law.
4. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Customer Services.
If you have any queries, please contact Customer Services.

Last updated: 5th November 2010