Customer terms of use

CROIA IRELAND ADVERTISING LIMITED

TERMS OF USE: CUSTOMER

  1. Information about us, our business and how to contact us:

1.1       Welcome to the Croia Ireland Advertising Limited Terms of Use (the “Terms”).

1.2       Who we are: “Croia Ireland Advertising Limited”/ “Company”/ “we”/ “our”/ “us” are references to CROIA IRELAND ADVERTISING LIMITED, a private company limited by shares incorporated in Ireland with company number 678514 and registered address at Rathgormack, Co. Waterford. Croia Ireland Advertising Limited is an online trading platform established for the purposes of promoting and offering a platform for the sale of goods by small to medium Irish businesses. www.croiaireland.com is a website operated by Croia Ireland Advertising Limited (the “Site”).

1.3       Suppliers: We operate the platform and offer the tools and technical means to enable suppliers who are small to medium Irish businesses and are registered with the Site (the “Suppliers”) to sell their products (the “Products”) to customers registered with the Site (“Customers”) through one online trading platform (the “Service”).

Croia Ireland Advertising Limited works closely with Suppliers to offer high quality products for sale in one convenient online trading platform.

Croia Ireland do not create, make, manufacture or otherwise produce any of the items displayed on the website. Any contract for sale is made directly between the Customer and the Supplier. Details of each Supplier are available on each Supplier’s profile on our Site, and in your Order Receipt.

1.4       Customer: “Customer”/ “you”/ “your” are references to you the customer or if you are acting on behalf of a business you and that business.

1.5       How to contact us: You can contact us by writing to us at info@croiaireland.com or through Instagram or Facebook.

1.6       How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

  1. General

2.1       What these Terms cover: These Terms cover your usage, access, and registration on the Site, and your receipt of the Services.

2.2       These Terms and the Customer:

(a)        By using accessing our Site, creating a profile and purchasing Products you;

(i)         confirm that you accept these Terms and that you agree to comply with them;

(ii)        confirm that you are 18 years of age or above;

(b)        You may not use our Services for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

(c)        If you do not agree to these Terms, you must not use our site. We recommend that you print a copy of these Terms for future reference.

(d)        Any breach of the Term may result in your rights to use the Services on the Site being restricted, suspended or withdrawn.

(e)        These Terms of use refer to our Privacy Policy, which also apply to your use of our site.

(f)        If you purchase goods from our site, the terms of sale and delivery policy of the relevant Supplier will apply to the sale.

2.3       Changes: We reserve the right in our sole discretion to change these Terms at any time.  Any such changes will take effect immediately when posted on this website (last modified: 11 November 2020).  It is your responsibility to read these Terms on each occasion you place an order on or through the Site and your submission of an order shall signify your acceptance of the latest Terms.

2.4       Definitions: In these Conditions:

            “Force Majeure” means, an act of God including but not limited to fire, flood, earthquake, windstorm, pandemic or other natural disaster; an act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action (including restriction on movement); law, judgment, order, decree, embargo, blockade;  labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; or any other event or circumstances beyond the reasonable control of the party claiming “Force Majeure”.);

            “Loss” means any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses;

            “VAT” means any value added tax and any goods and services, sales or other turnover tax, imposition or levy of a like nature chargeable in respect of the sale of the Products to the Customer.

            “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

 

 

  1. About the Site and our Service

3.1       The Site is an online trading platform for use between Customers who comply with these Terms and an online community of Suppliers, trading in food, clothes and other Products. Once registered, Customers can create personal profiles and order Products from the Suppliers or use other services on the Site.

3.2       We operate the Site as a platform to enable Customers to purchase Products from Suppliers and we implement the tools and technical means to enable this relationship, but any contract for sale is made directly between the Customer and the Supplier. We do not create, make or otherwise produce or have possession of any Products offered for sale and we are not directly involved in the transactions between Customers and Producers. Croia Ireland is not part of the contract of sale between Customers and Producers, nor any other contract concluded between Customers and Suppliers. We accept no liability for any issues which may arise during the conclusion, or after completion of these contracts.

3.3       We do not actively review Suppliers offers or content on the Site. We have no control over and do not guarantee the existence, quality, safety or legality of Products advertised; the truth or accuracy of Supplier’s offers, the ability of Suppliers to provide the Products; the ability of Customers to pay for Products; or the fulfilment of transactions, the delivery of the Products, or the proper implementation of the contracts entered into between Customers and Producers.

3.4       We do not provide any undertaking regarding:

(a)        the compliance of Products with applicable laws and regulations, including their preparation and/or labelling;

(b)        the conformity of delivered Products with the terms of the contract and the existence of possible hidden defects; or

(c)        the risks linked to packaging, transporting, storing, conserving and delivering the Products.

3.5       In respect of Croia Ireland Advertising Limited, all warranties, conditions or terms relating to the Sale of Goods (including those provided for in the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980), whether implied by statute or common law or otherwise, are excluded.

3.6       The Products and any packaging may vary slightly from the pictures displayed on the Site. The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your Product may vary slightly from those images.

3.7       We cannot give any undertaking, that Products and/or services you purchase from Producers through the Site will be of satisfactory quality, or that any errors in the Service will be corrected and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you Order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Producer.

 

  1. You Must Keep Your Account Details Safe

4.1       If you choose to use the Site and avail of the Services by setting up an account, and a user identification code, password or any other piece of information are provided to you or required from you as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2       We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.3       If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at  info@croiaireland.com.

 

  1. How you may use material on the Site

5.1       We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2       You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

5.3       You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4       Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

5.5       You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.6       If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. Orders

6.1       Croia Ireland Advertising Limited reserves the right to refuse any request made by you or order submitted by you at any time. By placing an order on or through the Site you are offering to purchase the products specified in your Order Receipt from the Supplier subject to these Terms and any terms of sale of the Supplier. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order (the “Order Receipt”). The Order Receipt is a record of the Customers offer to purchase the Products from the Supplier. An Order Receipt does not constitute a contract between us, Croia Ireland Advertising Limited, and a Customer. We will provide your order details to the Supplier.

6.2       All orders are subject to availability and confirmation of the order price by the Supplier. A contract between the Customer and the Supplier shall not be formed until the Supplier sends you a confirmation by e-mail that the products which you ordered are available and will be dispatched to you. The Supplier’s acceptance of your order will take place when they email you to accept it, at which point a contract will come into existence between you and the Supplier. For the purpose of any Product containing alcohol, the contract between the Customer and Supplier will be considered to have been formed at that Supplier’s licensed premises.

6.3       Delivery terms and conditions are at the sole discretion of the Supplier.

6.4       The quantity and description of the Products you have requested to purchase shall be as set out in our Order Receipt, sent by email to the address you provide.

6.5       If the Supplier cannot accept your order, they will inform you of this in writing and will not charge you for the Product. This might be because the product is out of stock, because of unexpected limits on their resources which they could not reasonably plan for, because the Supplier, or us have identified an error in the price or description of the product or because the Supplier is unable to meet a delivery deadline you have specified.

6.6       We Croia Ireland Advertising Limited, will assign an order number to your order and tell you what it is when we issue your Order Receipt. It will help us if you can tell us the order number whenever you contact us about your order.

6.7       Locations to which Products can be delivered are at the discretion of the Supplier.

 

  1. Price and Payment

7.1       Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. Prices, details and descriptions of the Products are provided by the Supplier. If we discover an error in the price of any Products, we shall endeavour to inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you, we shall treat the order as cancelled. For the avoidance of doubt, the provisions of this paragraph shall continue to apply after we send you confirmation by e-mail that the Products have been dispatched to you and a Contract has been formed between you and the Supplier.

7.2       All prices advertised on the Site are subject to change without notice.

7.3       The price of the Product (which will include VAT if applicable) will be the price indicated on the checkout pages when you placed your order.

7.4       Stripe, Inc. (“Stripe”) are our trusted payments platform provider. Payments made on our website are subject to the Stripe terms of use available on their website.

 

  1. Delivery

 

8.1       All Products are shipped to you directly from the Supplier. Croia Ireland Advertising Limited, are not involved in or responsible for any element of the delivery process.

8.2       Please refer to the individual product pages for information such as the estimated dispatch and delivery dates. In the event of a delay in shipping your Product, you will be contacted by either Croia Ireland Advertising Limited or the Supplier to advise on a new expected delivery date. Certain Products, such as those containing alcohol may have specific delivery requirements. Please refer to the Supplier with any queries in this regard.

8.3       Each Supplier has their own delivery policy and shipping fees for domestic (within Ireland) and international shipping which will be clearly displayed on each Product page. Size, weight and destination of the Product will affect the shipping fees for a Product. Products ordered from multiple Suppliers will likely incur separate delivery costs. Croia Ireland Advertising Limited cannot guarantee that multiple products ordered from one Supplier will be shipped together and will incur one shipping fee. Customers are advised to review the total shipping fee quoted on the checkout page before placing an order.

8.4       Each Supplier has their own processing time for preparing the Products for shipping and this may affect the estimated delivery date provided. Urgent or bespoke timing requests should be directed to the relevant Supplier.

8.5       Customers should refer to the individual Product and Supplier page https://croiaireland.com//frequently-asked-questions/ for such further information as they require including the estimated dispatch and delivery dates.

8.6       In the event of an unforeseen delay in shipping (including an event of Force Majeure), you will be contacted by either Croia Ireland Advertising Limited or the Supplier to advise on a new expected delivery date.

8.7       The application of any promotional code will discount the cost of the Product and will not discount any shipping fee.

 

 

 

  1. Returns & Cancellation

9.1       Each Supplier operates their own returns and cancellation policy which are subject to Returns procedure set out in these Terms. Your return request must comply with the conditions outlined in the relevant Supplier’s returns policy.

 

9.2       If you wish to cancel or return your order, please contact the Company immediately at www.croiaireland.com/returns. A Customer has 14 days (from the receipt) to notify Croia Ireland Advertising Limited about returning an item. The item must be;

(a)        unused and in the same condition it was delivered in.

(b)        Items must be returned in the original packaging.

9.3       If your order has not yet been dispatched when it is cancelled, we will refund you within 7 days of notifying us.

9.4       The following are generally excluded from the cooling-off period;

(a)        Perishable goods such as food;

(b)        Goods that are personalised or custom-made, for example, a t-shirt with your name on it, jewellery that has been engraved, or furniture built to your specification; and

(c)        Items that have been unsealed or which cannot be returned for hygiene reasons, for example, underwear, face-masks, cosmetics, earrings.

9.5       Croia Ireland Advertising Limited will relay your request to the relevant Supplier who will contact you with details of how to return your product.

9.6       The item must be received back by the Supplier within 14 days of them contacting you. The Supplier will confirm with the Company once the product is received and that the return is valid.

9.7       If you are eligible for a refund, Croia Ireland Advertising Limited will process the refund directly to the consumers payment card, in no more than 14 days after the product is received from the Supplier. The refund will be the price of the Product less any delivery fee.

9.8       You will incur any shipping costs to return the item back to the Supplier.

9.9       You may bear the cost for Products that are damaged or lose value as a result of your handling them beyond what is necessary to check the features, functionality, characteristics and fit of the Product.

9.10     If you did not receive your order within the designated delivery time, or the courier has failed to deliver the Product, please contact  info@croiaireland.com.

 

  1. Remedies of Customer & Suppliers Liability:

10.1     In the event of a breach by the Company of any warranty in relation to the Services, the Customer’s sole remedy shall be to reject the Products to which such breach of warranty relates.  Upon such a rejection of the Products, the Company and the Supplier shall refund to the Customer that part of the price which relates to such Products to the extent that it has been paid by the Customer.   Following such rejection and refund, the Customer shall have no further rights whatever in respect of the breach of warranty.

10.2     Without prejudice to Clause 10.1, and in each case to the fullest extent permitted by applicable laws,

(a)        the Company shall not be liable to the Customer for any Loss, damage, cost or expense of any kind which the Customer may suffer or incur, which arises out of, or is connected with, a breach by the Company of these Terms or of any other obligation of the Company, (including, without limitation, any loss of opportunity, loss of production, loss of or corruption to data, loss of profits, sales, revenue, business, or of contracts, loss of operation time and loss of goodwill or anticipated savings), irrespective of whether the Customer’s claim for recovery in respect of that loss, damage, cost or expense is (or would but for this provision be) founded in contract, tort (including negligence) or otherwise, and irrespective of whether or not the Company has been advised of the potential for the loss in question;

(b)        the Company shall not under any circumstances whatever be liable to either the Customer or the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

(i)         any act or omission of the Supplier;

(ii)        any Loss of the Supplier;

(iii)       any loss arising out of the lawful termination of these Terms or any decision not to renew the Service; or

(iv)       any loss that is an indirect or secondary consequence of any act or omission of Supplier in question.

(c)        in no event shall the liability of the Company to the Customer in respect of, or in relation to, or in connection with the Products whether arising in contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by the Customer to the Company in respect of the relevant Products.

 

  1. Force Majeure

11.1     If either the Company or the Customer is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof.  Neither the Company nor the Customer shall be deemed to be in breach of any of the Terms, or otherwise be liable to the other by reason of any delay in performance, or non performance, of any of its obligations hereunder, to the extent that such delay or non performance is due to any Force Majeure of which it has notified the other party hereto; and the time for performance of that obligation shall be extended accordingly.

 

  1. Partial Invalidity

12.1     If any of the Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability of any other of the Terms or 

(a)        the legality, validity or enforceability of any other of the Terms, or

(b)        the legality, validity or enforceability in any other jurisdiction of that or any other Term.

 

  1. Malware and Viruses

13.1     We do not guarantee that our site will be secure or free from bugs or viruses.

13.2     You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

13.3     You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

 

  1. Law and Jurisdiction

14.1     All contractual and any non-contractual obligations arising out of or in connection with the provision of the Services to the Customer and any such contracts are governed by and shall be construed in accordance with the laws of Ireland.  For the benefit of the Company, the Customer hereby agrees that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings,  and to settle any disputes, which may arise out of or in connection with the Services and, for such purposes, the Customer irrevocably submits to the jurisdiction of the courts of Ireland.