Terms & Conditions
IPS Limited trading as IPS Packaging
IPS Packaging is a trading name of Industrial Polythene Solutions Limited “IPS Limited” and is registered in Ireland, with company number 346046 and a registered address at Annacotty Industrial Estate, Annacotty, Co. Limerick.
1. DEFINITIONS
In these Conditions, the following terms shall have the following meanings:
the words "us", "we" or "our" in this document refers to IPS Limited trading as IPS Packaging
"Consumer": means a natural person, business or entity which purchases Goods through the Website.
the "Website" means www.plasticbags.ie
"You" or "you" shall mean you, a Consumer.
the "Contract Documents" means the web pages, electronic documents or physical documents through which you ordered the Goods, these Conditions and our e-mails to you acknowledging and/or accepting your order.
the "Delivery Charges" means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you.
the "Delivery Address" means the delivery address you provided to us in your account or as stated in the ordering web pages;
the "Goods" means the Goods you are purchasing under these Conditions;
the "Price" means the price of the Goods as stated in the order
the "Ordering Web Pages" comprise your shopping trolley and the checkout and other ordering pages generated by our Website and specific to your orders;
"working day" or "business day" means Monday to Friday, except bank or other public holidays in Ireland.
2. APPLICABILITY OF TERMS
These Conditions apply to all sales of Goods by us to you through this website, over by phone or by any other means.We may change these Conditions at any time, and any changes will take effect on the date they are posted on our Website. Those changes will not affect any orders you submitted before the change.
2.1 Exclusion of your terms of purchase
If you are a business purchaser, these Conditions apply to the exclusion of your own terms and conditions of purchase notwithstanding anything to the contrary in your own terms and conditions and you waive any right you otherwise may have to rely on your terms and conditions.
3. PLACING AN ORDER
3.1 Creating a contract
An order for purchase of Goods from us is subject to these Conditions and is subject to our acceptance of your order. Acceptance will occur and a binding contract is formed when we send the order acknowledgement e-mail. In absence of an electronic or oral acceptance, your order will occur and a binding contract for the sale and purchase of the all of products will be formed between you and us when we first dispatch any of the products in your order.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally despatch any order until we have received pre-payment in full of the Price, Delivery Charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the Price, offer, or product has changed or because any of the Goods you have ordered are not available.
3.3 The contract
On acceptance of your order, we agree to sell to you and you agree to purchase from us the Goods specified in the Contract Documents. You must be aged 18 years or over to purchase from our Website.
4. DESCRIPTION
4.1 Description of goods
The Goods will be those specified in the ordering web pages or stated in a formal quotation provided by us to you and will correspond to the essential characteristics, description and specification set out at the time of order. We will not be responsible for variations between the description of the Goods on our Website and the manufacturer's specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the Goods or be the subject of any claim against us.
5. PAYMENT TERMS
5.1 Charges & VAT
You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all charges, at the same time as the charges. Unless otherwise represented, all charges are stated exclusive of VAT.
5.2 Payment
If you have a credit account with us, then the Price, Delivery Charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of your order. If you do not have s Credit Account with us, payment of the Price, Delivery Charges, and all other fees and amounts must be made with your order.
5.3 Payment Methods
We accept payment for online orders on most Credit Cards commonly used in Ireland. Payment is deducted when we process your order. If you have credit terms with us we accept payment by cheque or bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorised or cleared for any reason we will tell you.
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
5.5 Interest
Should you fail to pay any amount on time, then we shall have the rights to charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annum rate of 8% over the interest rate applied by the European Central Bank to its most recent main refinancing operations as published in the Official Journal of the European Communities
6. DELIVERY
6.1 Delivery
Delivery will be to the Delivery Address selected or provided by you. If you order online we only deliver on working days, within the working hours specified on our Website (or if not specified, between 8am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.00 p.m., please calculate your delivery time as if your order had been placed the following working day.
6.2 Delivery timeline
We will use reasonable efforts to deliver the Goods by the delivery dates or within the delivery timescales stated in the Ordering Web Pages, however delivery times are not guaranteed. Where purchases are made online, if we do not make a delivery date and we fail to deliver within 30 days and any additional period of time as may be agreed with you, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
6.3 Instalments
We may make delivery of the Goods by instalments.
6.4 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time. We will give you the option of collecting the products from our warehouse or requesting further delivery attempts at further delivery charge. We will store the products for a maximum of 2 months, after which we may sell the products and (if we have not refunded to you the price for the products) account to you for the proceeds less our reasonable storage costs and any other amounts which you are liable to pay us.
6.5 Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.
6.6 Inspection on delivery
When you receive the Goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the Goods you ordered, and within 10 working days of receipt of the Goods if you consider that the Goods are faulty or damaged, otherwise the Goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Goods and if you are purchasing in a personal capacity your statutory rights or right to cancel the contract are not affected.
6.7 Risk
If you are a business purchaser, risk in the Goods shall pass to you on delivery.
6.8 Retention of Title
Title to the Goods passes to you on delivery, unless the Price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the Price and all other amounts payable under the contract. You agree that we may still sue for the Price, notwithstanding that title has not passed. If you are a business purchaser, you also agree that your right to possession and use of the Goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the Goods are kept for the purposes of repossessing them.
7. CANCELLATION RIGHTS
7.1 Introduction
Where you place an order in a personal capacity, then you have the right to cancel the contract for any products without giving any reason in accordance with regulation and subject to the terms detailed below. This right is in addition to your statutory rights for faulty or mis-described products.
7.2Restriction on right to cancel
Your cancellation right does not apply where; our website or catalogue states that the cancellation right does not apply to that product; products ordered and modified to your specifications or personalised for you; if the seals are broken after delivery; the products liable to deteriorate or expire rapidly; products are not returned with all packaging, contents, documents, and other items supplied with or as part of the order; products are damaged or marked in any way after delivery and products not returned in a resalable condition due to anything occurring after delivery; or products title to or possession of which has been given by you to a third party.
7.3 Cancellation Deadline
Where you place an order in a personal capacity you may exercise your right to cancel at any time up to 20 days after delivery of the products. If the contract covers multiple products, then the cancellation period runs from the delivery of the last of those products.
7.4 When you must inform us
If you are a consumer, you must inform us of your decision by a clear statement to us in writing by mail or e-mail or by phone on our sales line before the cancellation deadline.
8 RETURNS
8.1 Return of the products and costs of return
If the products have been delivered, then you must return the products to us in accordance with the following arrangements. Return of the products includes all packaging, contents, documents, and other items supplied with or as part of the products.You must return the products to us without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel.
8.2 Collection by us
We may at any time request to collect the products from you, and in such case you must make the products available for collection when requested by us, in accordance with such reasonable arrangements as we may specify. If we send you a pre-paid package (e.g. a jiffy bag) to return the products to us in, then you must return the products using any such package.
8.3 Costs of returning the products
You must bear the direct cost of returning the products to us, including our direct costs of collecting the products from you. If we incur any such costs, then you shall reimburse us these costs. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that that we may deduct such costs from any refund which we are obliged to make to you.
8.4 Risk and insurance of products
The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly.
9 REFUNDS
9.1 Orders in a personal capacity; if you cancel this contract in respect of a product, we will reimburse to you all payments received from you under the contract with respect to such product, including the price, delivery charges and any other charges; but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery.
If you are responsible for sending the products back to us, then we will provide the refund without undue delay, and not later than the earliest of the following dates: 14 days after the day we receive the products back from you; 14 days after the day you provide evidence that you have sent the products back to us; and (if the products have not been delivered) 14 days after the day on which we are informed about your decision to cancel. However, if we originally offered to collect the goods rather than requiring you to send them back, then we will make the refund within 14 days of the day you informed us of your decision to cancel.
9.2 Orders in a Businesses capacity; if you are a business consumer and you cancel this contract in respect of a product, we will reimburse to you the price paid by you with respect to such product, but not any delivery or other charges paid by you.We will provide the refund within 30 days after receiving all of the cancelled products back from you.
If you are a business, you cancel, and we subsequently discover or prove that you had no right to cancel, then: (a) such cancellation shall cease to have effect; (b) you must continue to pay the price, delivery charges and other charges for the products, and repay any refund given; (c) you must arrange for collection of the products from us; (d) we may make a reasonable storage charge, and we may make an additional charge for redelivery of the products to you; and (e) if you have not collected or taken redelivery of the products within 2 months, then we may sell the products as your agent, and account to you for the proceeds (if we are retaining the price for the products), less costs of sale and any amounts payable by you to us.
We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or it is not possible.
10. WARRANTY
10.1 Our Warranty
We warrant that the Goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage. Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
(a) we will endeavour to repair the Goods;
(b) we will replace the Goods with Goods which do conform to the contract; or
(c) we will take the Goods back and refund you all amounts paid by you under
the contract.
We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods. If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
10.2 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the Goods are hereby excluded to the fullest extent permitted by law. If you contract with us as a private individual this shall not affect your statutory rights which cannot be excluded or varied under applicable law.
11 LIMITATION OF LIABILITY
11.1 Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the Goods.
11.2 Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract in the event of a valid cancellation or warranty claim to the extent applicable.
11.3 Excluded Types of Loss
We shall have no liability to you for: loss of revenue, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the Goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
11.4 General Limitation
With the exception of liability covered by the clauses above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the Price, Delivery Charges and other amounts payable by you under the contract.
12 PROCESSING PERSONAL DATA (DATA PROTECTION)
12.1 Purpose of Processing;
We may process personal details relating to you or your employees or representatives, for the purpose of administration and delivery of goods and services provided to you, and to make contact with you regarding our services. We may also process personal data in order to manage quality and standards in our work or to facilitate IT maintenance or the administration of our business.
12.2 Categories of personal data
Data categories may include name, address, delivery address and details, phone numbers, e-mail contact addresses, social media identifications, unique identifications relating to electronic communication including but not limited to an IP address, the company you represent, your employer and your position in the organisation, payment details, credit rating, and any other categories directly related to the supply of goods to you.
12.3 Third parties
Should we need to engage third parties for the delivery of service, or for administrative or delivery functions, including but not limited to the collection of debt or the transfer of debt to a third party, we may share personal data provided by you with the parties for these purposes.
12.4 International transfer
Where you request the goods or services to be provided outside the EEA (European Economic Area), or to be delivered in conjunction with others outside of the EEA, personal data provided by you may be shared with organisations or state bodies (customs, revenue authorities and etc.) to fulfil an agreement between us.
12.5 Your staff and representatives
If you are purchasing as a business or in any capacity other than in a personal capacity, you warrant that personal information provided to us by you for the administration and delivery of goods and services being provided under the Agreement has been obtained fairly and lawfully. You also warrant that subjects are aware of the purpose for which their personal data is being used and that such data may be transferred outside of the EEA upon your request, and that the privacy rights of subjects have been upheld.
12.6 Information and access requests
Data subjects are entitled at any time to make information requests to establish if we hold personal data relating to them, the purpose for which such data is used and the categories of data. Data subject are also entitled to have access to such data, be informed of who has access to that data, of the source of data if it was not provided directly by the subject in the first instance, the logic of any processing, a copy of comment or opinion relating to such activity, and where processing is automated, to make a submission. There are exceptions to some of these entitlements.
12.7 Web bases applications / e-mail
Data provided to us may be processed on servers (e-mail, backup, operational applications and other web based software applications used by us), or on the servers of our suppliers or partners that do not reside within the European Economic Area EEA and that have not had an adequacy decision by the commission. Where this occurs we shall, to the best of our ability, inform you of this processing.
12.8 Additional personal data
In addition to the personal data described above, we may also hold;
a. credit reports received from third parties for the purpose of credit review.
b. Information provided by individuals while exercising their rights to access, rectify or erase your data, or to object or complain. This information is retained for the purposes of compliance record keeping and may be used in the event of further legal interaction between the individual and us.
c. cctv images of personnel who visit our premises. These recordings are made for the purposes of safety and security
12.9 Data retention
Personal data provided for the operation of your agreement with us will be retained for one year subsequent to the completion of the agreement, or our last communication with you. Some data may be held for longer periods as required by law, or in the event of a possible legal action between the parties where it is deemed necessary to be retained as evidence.
12.10 Your rights
To ensure fair and transparent processing of any such personal data provided by you to us under this agreement we respect the rights of the data subjects. These rights include;
a. Where information is collected directly from the subject, to be informed of the controller and representative (listed above), the purpose of processing, who will have access, the retention duration for the data, the consequences of not providing the data, and
- Where data was not provided by the subject, we will identify the source of that data together with data categories.
c. To be informed if a failure to provide the personal data will have any direct and material personal consequences
- Information on whether we have Personal Data relating to a subject, the categories of data and the purpose of processing
- Access your personal data. Where the format is not reasonably understood, this shall be delivered in an intelligible format
- Have inaccurate, incomplete or out-of-date personal data that we hold about you corrected, or deleted
- make a submissions to any automated decisions making processes or profiling of you.
- Transfer your data to another controller
- Have your personal data excluded from certain categories of processing.
- Lodge a complaint with the Data Protection Commissioner. Contact details for the DPC can be found at www.dataprotection.ie.
12.11 Controller and representative
The Data Controller is IPS Limited and you may communicate with our Data Protection Representative by writing to our registered address.
13. FORCE MAJEURE
We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
14. OUR RIGHT TO CANCEL OR VARY
If:-
1. we are not able to supply any of the Goods for genuine reasons beyond our control, for instance, because we did not have the Goods in stock, or sufficient Goods in stock to meet all our orders, and we are not able to obtain the Goods from our suppliers at all or in time to meet the delivery timescales; or
2. our Website and/or Ordering Web Pages contained any error, including in relation to the description or Price of any of the Goods; or
3. if any of the Goods are not in stock or insufficient Goods are in stock to meet all our orders and cost of acquiring the Goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
we shall be entitled to cancel the contract as a whole or in respect of those Goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the Goods, the Price and Delivery Charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
15. GENERAL
15.1 Entire Agreement
The Contract Documents, together with these Conditions, constitute the entire agreement between you and us for the sale and purchase of the Goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the Contract Documents or these Conditions. Any variation or alteration to these Conditions shall only be binding upon us if made in writing and signed by a director of IPS Limited. No employee, other than a company director, has authority to change the terms of these Conditions.
15.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
15.3 Assignment by IPS Limited
We shall be entitled to assign the benefit of the contract and any debts under the contract.
15.4 Sub-contracting
We may sub-contract our obligations under the contract.
15.5 Severability
47. Each clause or sub clause of the Agreement constitutes a separate and independent provision. If any provisions of the Agreement are judged by any court or authority of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect.
15.6 Invalid clause
If any provisions of the Agreement are judged by any court or authority of competent jurisdiction to be void or unenforceable, that provision shall be replaced with a provision that gives legal effect to the meaning and intention of the initial clause, and is acceptable to the authority that found the clause to be void or unenforceable.
15.7 No Waver
Failure to exercise or enforce any rights shall not amount to a waiver of such rights.
15.8 Service feedback
While engaging with us you should experience a culture of openness and professionalism. We may from time to time ask you to provide feedback, and invite your comment. Should you have reason to feel that you need to discuss our service or complain about our activities, please contact us through our "contact us" facility on our website or Service, by e-mail or by post. We welcome feedback and dialog regarding the service that we offer.
15.9 Law and jurisdiction
The Agreement shall in all respects be subject to and governed by Irish law and all disputes arising on any basis from or under the Services Contract shall be subject to the exclusive jurisdiction of the Irish courts.
15.10 Contact Us
If you have any questions about these Terms, please contact us solutions@ipspackaging.ie
