Standard Terms & Conditions for Sale of Goods from the Fastway Label store labelstore.fastway.ie

I. Definitions

In this document the following words shall have the following meanings:

1. "Buyer" means the organisation or person who buys Goods
2. "Goods" means the articles to be supplied to the Buyer by the Seller;
3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
4. "Seller" means Fastway Ireland Fastway Ireland,Unit 4,Crosslands Industrial estate, Ballymount road upper, Ballymount, Dublin 12

II. General

1. These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

III. Price and Payment

1. The price shall be the price described on the https://labelstore.fastway.ie/, unless otherwise agreed in writing between the parties. The price is inclusive of VAT or any other applicable costs.
2. Credit terms are not offered on the Label store, payment is in advance by approved credit/debit cards.
3. If payment or any part thereof is not made by as requested, the Seller shall be entitled to:
   1. refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

IV. Description

Goods are described as Labels for a specific Fastway service. The Label type shall vary but in accordance with agreed services requested by the customer in advance. The customer will only have the option to purchase labels that they have requested.

Delivery

1. Unless otherwise agreed in writing, delivery of the Goods shall take place on payment confirmation.
2. Goods are delivered electronically to the sellers approved label solution.
3. Goods are expected to be delivered instantaneously following payment provided no technical difficulties occur.
4. If the Seller is unable to deliver the Goods because of technical difficulties it will be entitled to use an alternative method of delivery to ensure the customer can receive the goods.
5. Any errors, shortages, over deliveries and duplicated orders should be reported in writing to the Seller within 24hrs to labelstore.dub@fastway.ie.
6. Delivery will be refused where the seller believes attempts of fraud are present.
7. Delivery may be delayed due to 3rd party providers for which the seller will not be held liable. The seller will make all reasonable efforts to resolve any issues technical or otherwise in the soonest possible time frame.
8. The cooling off period ends on download of the goods.

V. Risk

Risk in the Goods shall pass to the Buyer upon receipt of the goods.

Title

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

VI. Return of Unused Goods

1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer.
2. The seller has no responsibility should the buyer in error or otherwise for any reason select and request delivery of goods it later decides they do not require.

VII. Limitation of Liability

1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.

VIII. Intelectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

IX. Force Majeuere

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

X. Relationship of Parties

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

XI. Assignment and Sub-Contracting

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

XII. Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

XIII. Severability

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

XIV. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws Republic Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.