(1) The “Purchaser” is the business or entity who agrees to purchase the goods from the seller, and or makes a bid for any goods from the Seller.
(2) “Contract” means the agreement between the Seller and the Purchaser for the purchase and sale of the goods and is governed by these terms and conditions.
(3) “Goods” or “Products” means the items that the Purchaser agrees to buy from the Seller and the Seller agrees to sell to the Purchaser.
(4) The “Seller” means Wisetek Solutions Limited, a company registered in Ireland, registration number 448289, whose registered office is at Unit 19, O’Connell Campus, Brooklodge, Glanmire, Co. Cork, Ireland and whose trading address is at GB Business Park, Little Island, Co. Cork. Ireland that owns and operates www.wisetekmarket.com and whose VAT registration number is 9670617M.
(5) “Terms and Conditions” means these terms and conditions but will also include any special terms and conditions furnished in writing by the Seller.
(6) “Website” means www.wisetekmarket.com.
(7) “Lot” means any goods put up for sale by the Seller.
(2) These terms constitute an agreement between the Purchaser and the Seller. You must not actively use this website unless you accept all of the terms and conditions. By accessing and using this website you confirm your acceptance of these terms.
(3) These Terms and Conditions can be varied only if the Seller agrees in writing to alter the Terms and Conditions. These will be outlined in an email which will be a schedule to these Terms and Conditions.
(4) The Seller is entitled to vary these terms and conditions at any time but this right shall not affect the existing terms and conditions (including any special or varied terms and conditions).
(5) Any complaint must be in writing and communicated to the Seller by email to email@example.com.
(a) Discharge of taxes: The Purchaser will purchase the goods at their location and will be liable and responsible for (without cost to the Seller) any Tax, duties or levies arising in relation to any movement or delivery or otherwise arising in relation to the goods (including, without limitation, all import duties, sales taxes, value added tax and income taxes) from the point of purchase. The Purchaser hereby agrees to indemnify the Seller in relation to all and any such tax, duties and levies howsoever arising on the goods.
(b) “Tax” or “Taxation” means: any form of tax, levy, impost, duty, contribution, customs and other import duties, liability and charges in the nature of taxation and all related withholdings or deductions of any kind wherever and whenever payable and any equivalent tax in any jurisdiction and shall further include any amount payable as a consequence of any claim, direction, order or determination of any Taxation authority in any jurisdiction; and all fines, penalties, charges, costs and interest included in or relating to any of the above or to any obligation in respect of any of the above.
4. (1) If a purchaser requires to view the goods being sold this can be done by appointment and arranged by contacting the Purchaser by email at firstname.lastname@example.org.
(2) The goods are supplied for sale only to a Purchaser who is acting in the course of his business and as a consumer. By using the website and/or making a purchase or order the Purchaser undertakes and confirms that they are purchasing as a business and as a consumer.
(3) If for any reason the goods are not available then the Seller will notify the Purchaser who may chose an alternative or wait until those goods are available or can receive a full credit note.
5. (1)(a) The price of the goods are inclusive of VAT.
(b) The total price including VAT (if applicable) will be displayed and confirmed upon checkout before the order is confirmed. No goods will be released until payment is made in full including any applicable VAT.
(c) Payment is in Euros and can be made by:
(i) Wire transfer or bank transfer.
6. The title to the goods will only pass to the Purchaser on collection/Delivery and receipt of the full purchase price.
7. (1) Upon receipt of goods, the Purchaser shall inspect the goods and if the goods are damaged shall inform the Seller by email within a period of 7 days of collection. If the Purchaser fails to do so the Purchaser will be deemed to have accepted the goods.
(2) Where a claim of defect or damage is made after contacting the Seller in accordance with Clause 7 the Purchaser must return the goods to the Seller in accordance with the Seller’s instructions. On receipt of the returned goods, if the goods are defective, the Seller will either provide a replacement or a credit note, however, any failure to follow the requirements of the procedures detailed in Clause 7 will be considered a breach by the Purchaser and the Seller will not be obliged to provide a replacement or credit note.
(3) All goods to be returned must clearly show the order number together with any information the Seller stipulated in the return instructions.
(4) If the goods are found to be damaged due to the Purchaser’s actions, the Purchaser shall be liable for the cost of remedying such damage.
(5) Any items returned must be sent to the warehouse address at GB Business Park, Little Island, Co. Cork, Ireland, delivery duty paid (DPP as defined by INCOTERMS 2013 Rules) or as instructed by the Seller.
(6) (a) Any complaints must be addressed in writing by e-mail to email@example.com.
(b) If any complaints amount to a breach of the terms of these conditions then the Seller has at least 30 days in which to remedy that breach.
(7) Any notices must be sent by email to firstname.lastname@example.org.
8. (1) The Purchaser agrees that in the event of resale they will be solely responsible for the goods supplied and will ensure that the goods will only be used for their intended purpose and will be used in accordance with any manufacturer’s instructions and directions and will ensure that this is part of the resale agreement. It is the responsibility of the Purchaser to comply with all information, directions and guidance by the manufacturer and, if necessary, take any precautions and/or tests before use and fully understand same.
(2) The Purchaser agrees to fully indemnify the Seller for any losses or expenses incurred howsoever or whatsoever resulting from any resale of the goods supplied including but not limited to the unauthorized use of third party software.
(3) (a) The Seller acknowledges that any goods that are sold are not sold with any software unless explicitly stated in the description of the goods that are sold.
(b) The Seller agrees not to reproduce, duplicate, copy any software in contravention of the provisions of these terms or not to access, without authority, or interfere with any software owned or used by a third party.
(c) If software is included in the purchase, the Purchaser will also be subject to the terms and conditions (third party terms and conditions) of the software provider and the Purchaser hereby acknowledges that it has read in full and accepted the third party terms and conditions.
(d) The Seller makes no representations and/or warranty (either expressed or implied) whatsoever in respect of third party software, including (without limitation) in respect of the safety, quality and fitness for purpose or otherwise and to the extent permitted by law the Seller expressly excludes liability to the Purchaser and any other third party who may use the software, howsoever and whatsoever, arising from or in any way related to the third party software including (without limitation) to the use of it even in circumstances where the Seller has been advised of the possibility of such damage.
(e) The Purchaser agrees not to use or resell any software that it is not expressly authorised to use and to keep the Seller indemnified from any losses or expenses incurred, howsoever or whatsoever, resulting from the unauthorized use of any software.
(f) While the Seller has made reasonable efforts to delete all personal data (within the meaning of the Data Protection Act 1988) from the hardware, equipment, software and any databases, residual data may be present in or on same. The Purchaser hereby undertakes and agrees that that it shall, immediately on same coming to its notice, delete all residual personal data (within the meaning of the Data Protection Act 1988) which may be contained on or in hardware, equipment and/or software or in any databases and that it shall not use same for any purposes whatsoever, and that it shall indemnify and hold harmless the Seller from and against all costs, claims and liabilities of whatever nature arising out of or in connection with any breach of the undertaking in this clause.
(g) Without limitation to the generality of the foregoing, no warranty or representation is given that the copies of any operating systems, software and computing programs on computer equipment and hardware forming part of the lots are freely transferable under the terms of any relevant license agreements pursuant to which the Vendor is entitled to use same and the Purchaser hereby agrees that such licenses are not assignable, no assignment is hereby affected. The Purchaser shall be responsible for obtaining from the third party licensor of any such operating systems, software and computer programs, such licenses as may be required by him or her prior to use of same and each Purchaser warrants that he or she shall be fully liable for the use of any such operating systems, software and computer programs by him or her in the absence of a license permitting use from the third part licensor. The Purchaser hereby agrees to indemnify the Seller in respect of any liability incurred as a result of or in connection with the sale by the Seller of such lots as are purchased to any party in connection with this Agreement.
(h) No warranty or representation is given that the hardware, equipment and/or software are free from viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming code or defects which are intended to damage a user system or data; comprises computer security or disrupt services at any site or capture passwords or collect or use tools intended to explore, exploit computer systems or network security vulnerability, and each Purchaser accepts and uses such hardware, equipment and software entirely at its own risk.
9. To the maximum extent permitted by law the Seller’s services provided by www.wistekmarket.com and any related information is provided on an “as is” basis without any warranties, representations or guarantees of any kind (whether expressed or implied statutory or otherwise)including but not limited to warranties of non-infringement merchantable quality or fitness for a particular purpose.
10. THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980:
Nothing in these terms are intended to avoid the Sale of Goods & Supply of Services Act, 1980 except to the extent permitted by the Act or to exclude liability arising under any other Statute, if and to the extent that such a liability cannot be lawfully excluded, and these terms shall be modified to the extent necessary to give effect to that intention, if you are obtaining goods and services for the purpose of a business you agree that the guarantees provided in the Sale of Goods and Supply of Services Act, 1980 shall not apply.
11. LIMITATION OF LIABILTY;
To the maximum extent permitted by law the Seller will not be liable in contract, tort (including negligence) or otherwise for any loss of property, loss of data or any direct incidental consequential or economic damages or losses (however caused) which you may directly or inadvertently suffer in connection with:
(1) The use or inability to use this website or any material appearing on this website.
(2) The Seller shall never be liable for incidental or consequential loss or damage whatsoever.
(3) In no event shall the Seller’s total liability in contract, tort (including negligence) or under any other cause or action for all damages, loss, cost, expenses suffered shall exceed the price paid for the goods.
12. ELECTRONIC COMMUNICATIONS:
14. FORCE MAJEURE:
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, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from any natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
15. GOVERNING LAW & JURISDICTION:
These Terms and Conditions shall be governed by the laws of Ireland and the courts of Ireland and the courts of Ireland shall have jurisdiction to hear and determine any dispute arising in relation to these terms except as otherwise described, all materials on this websites are made available only to provide information about us, this website, and the products which may be ordered from this website. This website has been prepared in accordance with Irish and European law and may not satisfy the laws of any other Country. We make no representation or warranty as to whether or not the information or products available on this website are appropriate or available for use in other countries. If you choose to access this website from outside of Ireland you are responsible for the compliance with applicable local law.
If any of these provisions are held to be invalid or unenforceable for any reason the remaining provisions shall, to the maximum extent possible, remain in full force and effect. Any cause or action or claim that you may have against us or otherwise with respect of this website must be commenced within one year after the claim or cause of action arises otherwise such claim or cause of action shall be barred. Our failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any such provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of these terms. We may assign our rights and obligations under these
WEBSITE USER AGREEMENT:
“Website” is www.wisetekmarket.com.
“User” or “you” means anyone using and/or visiting the website for any purpose.
“We” or “us” means Wisetek Solutions Limited, a company registered in Ireland, registration number 448289 whose registered office is at Unit 19, O’Connell Campus, Brooklodge, Glanmire, Co. Cork, Ireland and whose trading address is at GB Business Park, Little Island, Co. Cork, Ireland.
“Associate” means any third party where the person or organisation with whom we are associating with in any way.
1. USE OF WEBSITE:
(1) When you use the website you agree that you are aged eighteen years or over and that you have read, understood and agreed to abide by these terms and conditions. If you are using the website on behalf of an organisation and/or company, you confirm that you have the legal right to do so and that the organisation agrees to and permits you to use the website and to be bound by the terms and conditions therein.
(2) You acknowledge and confirm that you are using the website in the course of your business only and not as a consumer.
2. AVAILABILITY OF WEBSITE:
(1) Your use of this website and any associated service may be subject to interruption or delay. Due to the nature of the internet we and our service suppliers do not make any warranty that this website or any associated service will be error free without interruption or delay or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.
(2) At our absolute discretion we may seek to terminate your use of this website.
(3) We reserve the right to cancel, suspend, or take down, delete or otherwise move the website, or any part thereof.
3. CONTENT OF MATERIAL:
While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.
4. RIGHT OF USE:
Any right to use of the website is at our sole and absolute discretion. We specifically reserve the right to choose users, including the choice to restrict use by a user, and our decisions are absolute.
5. AVAILABILITY OF USE:
(1) Full use and contents of the website may only be available to users who register with us.
(2) We have made every effort to ensure that any products are displayed as accurately as possible but cannot be responsible for variations. On occasions photographs and/or representations will be of similar but not identical products.
(3) Any advertisement, opinion, statement, recommendation, information, posts or link to any websites or any information or anything whatsoever will not form a recommendation, guarantee or warranty and we agree that we have no liability in this regard.
6. YOUR USE:
(1) You agree that you will solely be responsible for your use of the website and that you will use the website legally and only for the purpose that it was intended to be used and will not abuse it in any way. This includes not using the website fraudulently, nor using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other “screen scraping” software process or program.
(2) When you supply us with information you must ensure that it is accurate, valid and current and is free from viruses, spyware, malicious software, Trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive element to any part of the website or websites of third parties or any other technology.
7. COPYRIGHT & INTELLECTUAL PROPERTY:
(1) The website and all the basic content (including, images, marks and logos) with the exception of the advertisements and anything under licence from copy-holders is subject to copyright which belongs to us. This means that the users have a licence to use the website but this does not confer any rights of ownership to you nor any rights to use or display the copyrighted information in any way.
(2) You agree not to breach any copyright in respect of any information, text, images or materials supplied to you or available to you from us. In particular you will not modify, reproduce, copy or distribute in any way or in any way display, create internet “links” to this website or any part or content on any other server or wireless or internet based device.
8. LIABILITY DISCLAIMER:
To the maximum extent permitted by law all warranties, implied warranties, conditions, or other terms are excluded and we will not be held responsible for in contract, tort (including negligence or otherwise) for any loss of property, loss of data or for any indirect incidental consequential or economic damages or losses (howsoever caused) which you may directly or indirectly suffer in connection with:
(1) Your use of or inability to use the website or any material appearing on this website.
(2) Any action or decision taken as a result of using this website or any material appearing on this website even if we have been advised of the possibility of such damages. In no event shall our total liability to you in contract, tort (including negligence) or under any cause or action for all damages, losses, costings, incidentals suffered by you exceed the amount of the price of the goods purchased by you.
9. DATA PROTECTION & INFORMATION:
Please note that any information that is furnished by you, you specifically agree and consent to be stored by us and used in accordance with this agreement and in accordance with the Data Protection legislation.
10. COMPLAINTS & NOTICES:
(1) We aim to respond to any queries within 14 working days.
(2) Any complaints must be sent in writing to us at our email address, email@example.com.
(3) If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.
(4) Any notices to which you have not received an acknowledgement within 7 working days must be in made writing to our address as provided within the section headed definitions above using An Post registered delivery or similar and will be deemed to have been received on the 7th day after posting.
11. CANCELLATION & SUSPENSION:
(1) Without limiting any other remedies, we may suspend or terminate your use/or registration at our absolute discretion either with or without notice particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this user agreement.
(2) We reserve the right to cancel, suspend, take down, delete or otherwise remove the website or any part of it at any time without notice.
If any of these terms are held to be invalid and/or unenforceable for any reason the remaining provisions shall, to the maximum extent possible remain in full force and effect.
13. GOVERNING LAW:
These terms and conditions shall be governed by the laws of Ireland and the courts of Ireland shall have jurisdiction to hear any claim arising in relation to these terms.