PostLocal Service Terms (Customer)

1. Definitions

   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 PostLocal Web Policy

2. Registering to Use the Service

   1. 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.
   2. 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.
   3. 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 info@postlocal.eu
   4. Once registered you must:
      • Select a Retailer.
      • Place a Customer Order.
      • Select a Delivery Address and one of the following delivery options:
        • Click and Collect or
        • PostLocal Delivery
      • And pay the Customer Fees.
   5. 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

   1. We process personal information about you in accordance with: (a) your instructions which are provided by you to us when you use the Service; and (b) the Post Data Privacy Statement and the PostLocalCookie Policy. Please review these documents so that you understand how we process your personal information. By agreeing to these Terms, you consent to such processing and you warrant and agree that all personal information provided by you is truthful, accurate and complete.
   2. 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

   1. Subject to and in accordance with these Terms and the PostLocal 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. Y ou shall use the Service at all times in accordance with the instructions and directions set out on the Site from time-to-time.
   2. 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

   1. 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 PostLocal. You should contact the relevant Retailer if you have questions about any Customer Order.
   2. To the extent permitted by applicable law and subject to clause 9.5 PostLocal 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.
   3. 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.

   4. 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

   5. 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:

   1. 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 to process your payment. By paying the Customer Fees using your debit or credit card you hereby consent to it 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.
   2. All Customer Fees that you pay through the Service will be remitted to the relevant Retailer on your behalf.
   3. 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.
   4. 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.
   5. 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.
   6. All chargebacks arising in respect of a Customer Order are the responsibility of the Retailer and Postlocal assumes no responsibility in respect of such refunds.
   7. 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.
   8. 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.
   9. 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.
   10. 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

   1. 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.
   2. 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

   1. 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.
   2. 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.
   3. 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.
   4. 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

   1. 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.
   2. 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.

   3. 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:

      1. indirect, special or consequential loss or damage;
      2. wasted expenditure;
      3. loss of income or revenue;
      4. loss of business;
      5. loss of profits or contracts;
      6. loss of anticipated savings;
      7. loss or corruption of data; and
      8. loss of goodwill,

      In each case arising under or in connection with:

      1. the use of, or inability to use, the Service; or
      2. the use of or reliance by any person on any Content on, or accessible through, the Service; or
      3. otherwise arising in connection with PostLocal's provision of the Service.
   4. 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).

   5. Nothing in these Terms excludes or limits our:

      1. liability for death or personal injury arising from negligence;
      2. liability for fraud;
      3. liability for fraudulent misrepresentation; and/or
      4. liability which cannot by applicable law be excluded or limited.
   6. Nothing in these Terms imposes a liability on PostLocal to You in relation to Customer Orders placed by you with a Retailer or the fulfilment of such Orders.

10. Suspension and Termination

    1. 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.
    2. 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.

    3. 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:

       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.
       2. we are required to do so by any governmental, judicial or regulatory authority;
       3. we determine that the provision of the Service in accordance with these Terms is or may be contrary to applicable law.
    4. 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.
    5. 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

    1. 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.
    2. 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
    3. 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

    1. These Terms together with any terms, conditions and notices contained on, or which are accessible from the Site, including without limitation, the PostLocal Privacy Statement, PostLocal Cookie Policy and the PostLocal Website Terms all apply to your use of the Service.
    2. 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. PostLocal 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 PostLocal.

15. Jurisdiction and Applicable Law

    1. 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.
    2. 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.

16. Notices

    1. 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 PostLocal. 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 PostLocal if delivered by registered post.
    2. 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 PostLocal if delivered by registered post.

Description of the PostLocal Shop Local, Deliver Local Service

Definitions

The Delivery Service.

The Delivery Service is described below and is referred to as (the Delivery Service)