ELocal.ie Service Terms (Customer)
These terms of service (the “Terms”) form a legal agreement between you (“you”) and An Post a company incorporated in Ireland and registered at General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2, with company number 98788, ("we” or “us") that governs your use of the registration and ordering system for eLocal.ie (the “Service”) which we make available at www.elocal.ie (the “Site”). Our VAT number is 4736920J.
These terms do not govern the relationship between the Retailer and you which relationship is created once you use the Service to place a Customer Order with a Retailer.
In these Terms:
“Account” means the user details that you register on the Site to enable you to access and use the Service. To open an Account, you must supply, at a minimum, your first and last names, address, telephone number, email address and (if applicable) your company name. Your email address will be your user name and you will also be asked to create a password. Your username together with your password will enable you to log-in and to use the Service on the Site.
“Customer Fees” means the charges payable by you to the Retailer in respect of Customer Orders placed by you.
“Content” means all content material and other information made available on the Site or through the Service.
“Customer Order” means the order placed by you with a Retailer for the purchase of Goods from the Retailer the making of payment for such Goods and where applicable the delivery of the Goods to you which Order is fulfilled by the Retailer.
“Delivery Address” means the address selected by you to which the Goods are to be delivered All non-unique addresses must contain an eircode.
“Goods” means goods which are not Prohibited Goods and which do not exceed a weight of 20kg and which have a dimension of not more than 1.5 meters in length and a Grith of 3 meters (Grith is 2 x (Depth +Width) which are offered for sale by a Retailer to the public.
“Retailer” means a retailer who offers goods for sale to the public on the Site.
“Prohibited Goods” means the goods listed in Clause 5.4.
“Restrictions on Use” means the restrictions on your use of the Site set out in the An Post Web Policy
2 Registering to Use the Service
You are required to register on the Site to use the Service which includes setting up an Account. You must be eighteen (18) years of age or over to set up an Account. As part of the registration process you expressly agree to comply with the Terms.
When you register with us you must provide truthful, accurate and complete registration information. It is your responsibility to update that information if it changes.
Each registration is for a single Service user only. We do not permit anyone other than you to use the Service using your user name and password. We also do not permit multiple users to access the Service using a single user name and password. You must treat your password as confidential and you must not disclose it to any third party. You are responsible for preventing such unauthorised use and for the results of any unauthorised use. If you believe that there has been unauthorised use of your user name and / or password, you must notify us immediately by contacting us on email firstname.lastname@example.org
Once registered you must:
- A - Select a Retailer.
- B - Place a Customer Order.
C - Select a Delivery Address and one of the following delivery options:
- Click and Collect or
- An Post Delivery
- D - And pay the Customer Fees.
Once you have placed a Customer Order You will receive an email from Us confirming that your Customer Order has been placed and allocating you with a unique order ID number. You should keep this number carefully and you must use it when contacting us or contacting the Retailer in connection with a Customer Order or any payment-related questions that you may have.
3 Information About You and Your Data
When you use the Service to place a Customer Order, and then later use the Service to place another Customer Order we will for your convenience, pre-populate certain fields in the Customer Order form with information that you provided in the previous Customer Order that you placed through the Service. You hereby consent to us doing this; however, you will always be able to change the pre-populated data before you submit the Customer Order for processing. We may disable this pre-population feature at any time at our sole discretion.
4 Right to Use
Subject to and in accordance with these Terms and the An Post Web Policy we hereby grant you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited right to access and use the Service solely for the purpose of placing a Customer Order, viewing copies of your Customer Order and paying the Customer Fees, and for such other purposes for which we make the Service available from time-to-time. You shall use the Service at all times in accordance with the instructions and directions set out on the Site from time-to-time.
All rights in the Service that are not expressly granted in these Terms are hereby expressly reserved to and by us and our licensors.
5 Nature of the Service
The Service enables you to place a Customer Order with a Retailer to purchase Goods from the Retailer, make payment to the Retailer for the Goods and have the Goods delivered to you on any week day Monday to Friday excluding Bank Holidays We may enable additional features in the future. The placing of a Customer Order by You creates a legal relationship between you and the Retailer. The fulfilment of the Customer Order by the Retailer is not the responsibility of An Post. You should contact the relevant Retailer if you have questions about any Customer Order.
To the extent permitted by applicable law and subject to clause 9.5 An Post hereby disclaims any and all responsibility and liability to the extent arising from the activities of the Retailer in relation to the Customer Order including without limitation, issues in relation to the quantity, quality or condition of the Goods.
We are not responsible and have no liability for any interactions which you may have with any Retailer . Any actions that you may take, or refrain from taking, and any liabilities that you may incur, as a result of any such interactions are at your own risk. We have no obligation to become involved in any dispute between you and any Retailer.
The Goods listed below (Prohibited Goods) are not included in the delivery service and may not be ordered from a Retailer by way of a Customer Order (where such order is for both purchase and delivery) and it is important that you consult the list below prior to using the Service to place a Customer Order which includes an order for delivery. The Prohibited Goods are Goods which are:
Dangerous, poisonous or infectious items, explosives, munitions of war, firearms, corrosives, acids, paint removers, oxidising substances, organic peroxides, compressed, liquidised or dissolved gases (especially butane gas lighters or aerosols), flammable solids or liquids or materials liable to spontaneous combustion, paints, varnishes, dyes, radioactive materials (except under licence), pornography or anything that would cause embarrassment in transit, living creatures, prescribed or dangerous drugs (except under statutory licence), mercury, materials deemed illegal or prohibited by any Government Authority, Perishable Goods, organic or biological materials likely to perish under normal transit conditions IATA restricted articles - such as liquids, Items likely to cause injury to any other Item or person, any other Items that from time to time may have to be added to the foregoing list are prohibited.
The delivery service may be used to deliver chilled goods however such goods are delivered entirely at your own risk
It is the responsibility of the Retailer to fulfil Customer Orders once processed by us Please view and accept these Terms before placing your Customer Order. Customer Orders will only be processed once you have indicated your acceptance of these Terms.
6 Customer Fees and Payments
You may use the Service to pay the Customer Fees:
To make a payment using the Service you must use a valid debit or credit card and make the payment in accordance with the instructions on the Site. When you pay the Customer Fees, you will be transferred to the services of a third party payment processor (Stripe) to process your payment. By paying the Customer Fees using your debit or credit card you hereby consent to Stripe processing your payment information and related personal data solely for purposes of facilitating such payment. We will not process your Customer Order until your payment has been completed.
All Customer Fees that you pay through the Service will be remitted to the relevant Retailer on your behalf.
You will be notified of all applicable Customer Fees before you submit your Customer Order.You are responsible for ensuring that the correct Customer Fees are paid. We will simply arrange for the transmission of the amount of the Customer Fees that you pay on the Site to the relevant Retailer. We are not required to verify that you have paid the correct Customer Fees.
If you fail to pay the relevant Customer Fees you will need to address this directly with the relevant Retailer. For example, if you have overpaid the Customer Fees you will need to address this directly with the relevant Retailer. If you have underpaid the Retailer may refuse to fulfil your Customer Order.
In the event that the Retailer authorises a refund of the Customer Fees (or any portion thereof) to you we will credit the amount of the refund to the card used by you to pay the Customer Fees when the relevant Customer Order was placed provided that the Retailer authorisation is received by us not more than fourteen (14) calendar days from the date the relevant Customer Order was placed.
Any refunds authorised by the Retailer more than fourteen (14) calendar days from the date the relevant Customer Order was placed will be refunded to you directly by the Retailer and we assume no responsibility in respect of such refunds.
All chargebacks arising in respect of a Customer Order are the responsibility of the Retailer and An Post assumes no responsibility in respect of such refunds.
You are ultimately responsible for making all required payments. We cannot become involved in any disputes that may arise between a Retailer and you in relation to Customer Fees which have been paid using the Service, or any other matter arising between you and a Retailer in relation to Customer Orders placed and Goods which have been delivered or not delivered as the case may be. However, if you contact us about a payment issue relating to the use of the Service, we will use our reasonable endeavours to help resolve the issue. For example, if there is a problem processing your payment using your debit card or your credit card, we will endeavour to establish the reason for this.
We reserve the right to periodically delete Customer Orders (together with any supporting documentation that you have uploaded) from your Account when no payment of the Customer Fees has been made, or the Customer Order otherwise remains incomplete, after a reasonable period of time.
In using the Service to pay the Customer Fees, you warrant and undertake to us that:
- You are the owner of, or otherwise legally entitled to make payments using, the credit or debit card used by you to pay the Customer Fees
- The funds on the credit or debit card used to pay the Customer Fees are sufficient to meet the amount due for the relevant Customer Order; and
- You hereby agree to indemnify us and keep us effectively indemnified on demand, from and against any and all losses, claims, demands, costs, fines, charges, expenses, liabilities, damages, proceedings and actions which we may sustain, incur or which may be brought or established against us by any person which arise out of or in any way relate to, or arise by reason of your unlawful use of, any credit or debit card or by reason of fraud or otherwise arising from your failure to pay any Customer Fees due on any Customer Order.
- If your debit or credit card provider does not honour your payment, we reserve the right to cancel the payment made to the Retailer and the cancellation may be subject to a charge from the relevant Retailer which will be payable by you.
In the event that a Retailer rejects your Customer Order , it shall be the responsibility of the Retailer to arrange for any refund of Customer Fees due to you in accordance with its refund procedures. This is a matter solely between you and the relevant Retailer and we are not required to provide any refund to you on behalf of a Retailer or otherwise.
7 Intellectual Property Rights
We are the owner or the licensee of all copyrights, trademarks, service marks, logos, database rights and other intellectual property rights, whether registered or unregistered, in or otherwise applicable to the Service, and all Content that we make available through the Service. The Service and the Content are protected by copyright, database, trade mark and related intellectual
property rights laws and treaties around the world. All such rights are expressly reserved by us and our licensors.
Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any licence or right, to use or otherwise exploit the intellectual property rights in the Service or any of the Content without our express prior written consent.
8 Availability of the Service
We shall use commercially reasonable endeavours to make the Service available to you. However, as further specified in clause 9 and to the extent permitted by applicable law, we do not represent or warrant that the Service will be error-free, accurate, reliable, up to date, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Your access to and use of the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services.
As further specified in clause 8 and to the extent permitted by applicable law, we will not be liable for any loss or damage caused by hacking, a distributed denial-of-service attack, viruses or other technologically harmful material that may infect, damage or affect the use of your computer or similar device, equipment, programs, data or other material due to your use of the Service or otherwise relating to your accessing or downloading of any Content.
Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content or to otherwise keep it current.
You are responsible, at your own cost, for procuring your own equipment, Internet access and making all other arrangements necessary for you to have access to our Site and Service.
9 Our liability
The Service is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, and subject to clause 9.5, the Service and the Content are provided without any guarantees, representations, conditions, warranties, covenants or commitments as to their accuracy, completeness, adequacy, reliability, fitness for a particular purpose, non-infringement or otherwise, and your use of the Service and the Content is at your own risk.
Subject to clause 9.5 and to the extent permitted by applicable law, we hereby exclude all implied warranties, representations, conditions and other terms in respect of the Service and its Content, whether implied by statute, common law, the law of equity, course of dealing, trade use or otherwise.
To the extent permitted by applicable law and subject to clause 9 5, we hereby exclude our liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, even if foreseeable, for any:
- 9.3.1 indirect, special or consequential loss or damage;
- 9.3.2 wasted expenditure;
- 9.3.3 loss of income or revenue;
- 9.3.4 loss of business;
- 9.3.5 loss of profits or contracts;
- 9.3.6 loss of anticipated savings;
- 9.3.7 loss or corruption of data; and
- 9.3.8 loss of goodwill,
In each case arising under or in connection with:
- the use of, or inability to use, the Service; or
- the use of or reliance by any person on any Content on, or accessible through, the Service; or
- otherwise arising in connection with An Post’s provision of the Service.
Subject to clauses 9.3 and 9.5 and to the extent permitted by applicable law, our total aggregate liability in respect of your use of, or otherwise arising in respect of, the Service (including all Content), or otherwise in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise shall not exceed the sum of ten euro (€10).
Nothing in these Terms excludes or limits our:
- liability for death or personal injury arising from negligence;
- liability for fraud;
- liability for fraudulent misrepresentation; and/or
- liability which cannot by applicable law be excluded or limited.
Nothing in these Terms imposes a liability on An Post to You in relation to Customer Orders placed by you with a Retailer or the fulfilment of such Orders.
10 Suspension and Termination
You may at any time terminate your use of the Service by ceasing to access and use the Service. In any event, we reserve the right to close your Account and subject to clause10.4, delete all data associated with it if you have not used the Service for a prolonged period. You are responsible for keeping copies of all your information stored in your Account as we are under no obligation to retain this on your behalf after we close your Account.
We may at any time terminate your access to and permitted use of the Service by giving you at least 5 days’ prior written notice by email (which notice may also be displayed on the Site). Your access to and permitted use of the Service will cease on the date specified in the notice.
Notwithstanding clause 10 .2, we may suspend or terminate your access to and permitted use of the Service immediately by giving notice in writing by email (which notice may also be displayed on the Site) to you if:
- 10.3.1 you are in breach of these Terms or we have reasonable grounds for believing that such breach has occurred or will occur if you continue to have access to or use of the Service.
- 10.3.2 we are required to do so by any governmental, judicial or regulatory authority;
- 10.3.3 we determine that the provision of the Service in accordance with these Terms is or may be contrary to applicable law.
The termination of your use of the Service will be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination, all of which are expressly intended to survive. We may close your Account following the termination of your use of the Service for whatever reason; provided however, that we may retain information associated with your Account to the extent permitted and/or required by applicable law.
Upon the termination of your use of the Service for any reason whatsoever, any rights or licences granted to you under or pursuant to these Terms will cease to have effect. Any provision which expressly or by implication, is intended to come into or remain in force on or after termination of your use of the Service will continue in full force and effect.
11 Force Majeure
We will not be in breach of these Terms or liable for any failure or delay in performance of any obligations under the Terms (and the date for performance of the obligations affected will be extended accordingly) as a result of a Force Majeure Event.
If a Force Majeure Event continues for longer than 5 days we may immediately terminate your right to access the Service by giving you written notice in accordance with clause 10.2
In this clause 11 “Force Majeure Event” means any event outside our reasonable control affecting our ability to perform any of our obligations under these Terms including, act of God, fire, flood, lightning, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services.
12 Variation of Terms
We may from time-to-time add to, change or remove any part, term or condition of these Terms without prior notice to you, by posting a revised version of these Terms on the Site. It is your responsibility to check these Terms periodically for changes. By continuing to use the Service after you are notified of such updated Terms or updated Terms are published on the Site you indicate your acceptance of such changes.
13 Documents Incorporated by Reference
These Terms and the documents referred to in clause 13.1 constitute the entire agreement with respect to your access to and use of the Service.
14 Severance and Waiver
If any provision, covenant or obligation contained in these Terms is void, voidable, illegal or otherwise unenforceable, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had the invalid provision eliminated. An Post shall not be deemed to have waived the application of any term or condition in these Terms unless such waiver is expressed in writing and signed by an authorised officer of An Post.
15 Jurisdiction and Applicable Law
The Irish courts will have exclusive jurisdiction over any claim, dispute or difference between you and us (including non-contractual disputes or claims) arising from, or related to, your visit to the Site, use of the Service, any Content or other material published or uploaded to the Service, or otherwise arising from or relating to the Site, the Service or these Terms.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
Any notices under these Terms that you send to us must be in writing and must be provided by personal delivery or by sending the notice by registered post to An Post eLocal.ie General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2. You may not send us notices by email. Any such notice shall be deemed to have been received by us upon delivery if served by hand or upon confirmation of delivery by An Post if delivered by registered post.
Any notices under these Terms that we send to you will be sent via email to the current email address associated with your Account. Such notices will be deemed to be received by you when our email computer program indicates that the email has been sent to you. It is your responsibility to ensure that you update your email address associated with your Account if your email address changes. We may also send notices to you by publication of notice on the Site and or by personal delivery and registered post, in which case, such notices shall be deemed to have been received by you upon delivery if served by hand or upon confirmation of delivery by An Post if delivered by registered post.
Description of the eLocal.ie Shop Local, Deliver Local Service (“e Local.ie”)
“the Customer” means You the individual using the registration and ordering system (the Service) to place a Customer Order with a Retailer.
“Delivery Service” means the service described below.
”e Local.ie” is a service provided by an Post to Retailers which facilitates Retailers selling online by providing each Retailer with its own Site and with a payment gateway to facilitate transactions between the Retailer and its (the Retailer’s) Customers. eLocal.ie also provides for the Delivery Service whereby Goods purchased online or in store may be delivered by An Post for and on behalf of the Retailer to the Customer or collected in store by the Customer.
“the Website” means the eLocal.ie website owned and operated by An Post.
“the Site” means the Retailer Site hosted on the Website
“You” the customer of the Retailer using the Service to place a Customer Order with the Retailer.
You may place a Customer Order either on the Site or in person by:
- ordering and paying for Goods on the Site and arranging for delivery by the Delivery Service.
- ordering Goods on the phone directly from the Retailer and the Retailer arranging for delivery to you by the Delivery Service. Payment for the Goods purchased in store is a matter for the Retailer and you.
- Purchasing and paying for the Goods in store but utilising the Delivery Service for delivery of the Goods to the Delivery Address.
The Delivery Service.
The Delivery Service is described below and is referred to as (the Delivery Service)
The Delivery Service is provided to you by An Post for and on behalf of the Retailer and is available Monday to Saturday excluding Bank Holidays.
An Post has no liability to you in relation to the Delivery Service.
Delivery of the Goods to You may be by;
(A) Click and Collect
You order Goods on the Site and either make payment of the Customer Fees on the Site or pay the Customer Fees directly to the Retailer but in either case choose not to avail of the Delivery Service and collect the Goods directly from the Retailer. When using Click and Collect both the Retailer and you are expressly precluded from arranging for delivery of the Goods on a commercial basis by any third party
(B) An Post Delivery
You order Goods on the Site select a Delivery Address, and make payment on the Site and the Retailer arranges for delivery of the Goods to the Delivery Address using the Delivery Service.
(C) Deliver Only
You purchase and pay for the Goods (other than on the Site) and request that the Goods are delivered to the Delivery Address using the Delivery Service
Using the Delivery Service
Prior to delivery An Post, on behalf of the Retailer will contact you by telephone (on the number provided by the Retailer) after 8 am on the morning of delivery informing you of the expected delivery time and seeking your instructions in relation to the procedure to be followed if you are not in a position to accept delivery at the Delivery Address.
Delivery of the Goods is attempted on one occasion only.
Delivery shall be deemed to have been successfully completed once delivery is acknowledged by your signature or the signature of your agent or the delivery to the local An Post Delivery Service Unit (DSU) where the same has been designated by you as the Delivery Address or delivery to a “safe location” nominated by you.
All risk in the Goods passes to you once Delivery has been deemed by An Post to have been successfully completed.
If An Post is unable to execute delivery for and on behalf of the Retailer of any Goods due to the fact that you are is unable or unwilling for whatever reason to accept delivery the following provisions shall apply
- You are informed of attempted delivery and requested to make arrangements for the receipt of the Goods.
- Goods are held by An Post for 5 days, if the Goods are not collected by you within this 5 day period they are returned to the Retailer.
- Goods held by An Post whilst awaiting your instructions in relation to delivery are held entirely at your risk.
”eLocal.ie” does not include a Returns Service, Goods delivered by way of the Delivery Service will not be accepted by An Post for return to the Retailer unless the Goods are returned in the postal service in the normal way with the correct postage attached.