Terms & Conditions “The Small Print”
For purposes of these Terms & Conditions EatMoreFish.ie refers to the online site for Gannet Fishmongers Limited.
1. Use of the Gannet Fishmongers Limited / EatMoreFish.ie website
EatMoreFish.ie is provided to you free of charge for your personal use subject to these Terms and Conditions.
By using the EatMoreFish.ie Site you agree to be bound by these Terms and Conditions.
These Terms and Conditions govern your use of the EatMoreFish.ie Site and all services provided in connection with it.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the EatMoreFish.ie Site.
The changes will apply to the use of the EatMoreFish.ie Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the EatMoreFish.ie Site.
If you continue to use the EatMoreFish.ie Site after the date on which the change comes into effect, your use of the EatMoreFish.ie Site indicates your agreement to be bound by the new Terms and Conditions.
To register with EatMoreFish.ie you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and Security
When you register to use the EatMoreFish.ie Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
If Gannet Fishmongers Limited / EatMoreFish.ie has reason to believe that there is likely to be a breach of security or misuse of the EatMoreFish.ie Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
5. Excluded Services
The services provided by the EatMoreFish.ie Site do not include the provision of computer or other necessary equipment to access the EatMoreFish.ie Site. To use the EatMoreFish.ie site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
6. Intellectual property
The content of the Gannet Fishmongers Limited / EatMoreFish.ie Site is protected by copyright, trade marks, database and other intellectual property rights.
You may retrieve and display the content of the EatMoreFish.ie Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the EatMoreFish.ie Site without written permission from Gannet Fishmongers Limited / EatMoreFish.ie.
No licence is granted to you in these Terms and Conditions to use any trade mark of Gannet Fishmongers / Eat More Fish.ie.
You may not use the Gannet Fishmongers Limited / EatMoreFish.ie Site for any of the following purposes:
– disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
– transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
– gaining unauthorised access to other computer systems
– interfering with any other person’s use or enjoyment of the EatMoreFish.ie Site
– breaching any laws concerning the use of public telecommunications networks
– interfering or disrupting networks or web sites connected to the EatMoreFish.ie Site
– making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Gannet Fishmongers Limited / EatMoreFish.ie reserves the right to refuse to post material on the EatMoreFish.ie Site or to remove material already posted on the EatMoreFish.ie Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
– any claim by any third party that the use of the EatMoreFish.ie Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
– any claim by any third party that the use of the EatMoreFish.ie Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
– any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the EatMoreFish.ie Site by you.
8. Availability of the Gannet Fishmongers Site
Although Gannet Fishmongers Limited / EatMoreFish.ie aims to offer you the best service possible,
Gannet Fishmongers Limited / EatMoreFish.ie makes no promise that the services on the EatMoreFish.ie Site will meet your requirements.
Gannet Fishmongers Limited / EatMoreFish.ie cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it us by phone (see below for contact details) or by email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.
Your access to the EatMoreFish.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
Gannet Fishmongers Limited / EatMoreFish.ie will attempt to restore the service as soon as it reasonably can.
9. Gannet Fishmongers Limited / EatMoreFish.ie right to suspend or cancel your registration
Gannet Fishmongers Limited / EatMoreFish.ie may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing.
If you do so, you must stop using the Gannet Fishmongers Limited / EatMoreFish.ie Site.
The suspension or cancellation of your registration and your right to use the Gannet Fishmongers Limited / EatMoreFish.ie Site shall not affect either party’s rights or liabilities.
Paragraphs 9, 10, 13, 14, 17 and 18 of these Terms and Conditions shall survive cancellation.
10. Gannet Fishmongers Limited / EatMoreFish.ie liability
The EatMoreFish.ie Site is provided by Gannet Fishmongers Limited without any warranties or guarantees.
You must bear the risks associated with the use of the Internet.
The Gannet Fishmongers Limited / EatMoreFish.ie Site provides content from other Internet sites or resources and while Gannet Fishmongers Limited / EatMoreFish.ie tries to ensure that material included on the EatMoreFish.ie Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Gannet Fishmongers Limited / EatMoreFish.ie will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the EatMoreFish.ie Site. If Gannet Fishmongers Limited / EatMoreFish.ie is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
– incompatibility of the EatMoreFish.ie Site with any of your equipment, software or telecommunications links
– technical problems including errors or interruptions of the EatMoreFish.ie Site
– unsuitability, unreliability or inaccuracy of the EatMoreFish.ie Site
– inadequacy of the EatMoreFish.ie site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the EatMoreFish.ie Site.
Nothing in this paragraph 13 applies to Gannet Fishmongers Limited / EatMoreFish.ie liability in respect of products sold through the Online Stores.
Nothing in these Terms and Conditions shall exclude Gannet Fishmongers Limited / EatMoreFish.ie liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
11. Third Party Websites
As a convenience to Gannet Fishmongers Limited / EatMoreFish.ie customers, the EatMoreFish.ie Site includes links to other web sites or material which are beyond its control. Gannet Fishmongers Limited / EatMoreFish.ie is not responsible for content on the Internet or World Wide Web pages external to their site.
12. Advertising and Sponsorship
Part of the Gannet Fishmongers Limited / EatMoreFish.ie Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the EatMoreFish.ie Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.
14. International Use
Gannet Fishmongers Limited / EatMoreFish.ie makes no promise that materials on the EatMoreFish.ie Site are appropriate or available for use in locations outside the Republic of Ireland, and accessing the EatMoreFish.ie Site from territories where its contents are illegal or unlawful is prohibited.
If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Gannet Fishmongers Limited / EatMoreFish.ie ignores this, Gannet Fishmongers Limited / EatMoreFish.ie will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Gannet Fishmongers Limited / EatMoreFish.ie shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods.
Delivery will be made to the market location/collection point/address specified by you on the completed order form. Delivery times will be agreed with you at the time of placing your order.
Whilst we make every effort to deliver your goods at the agreed time, we will not be liable if we fail to do so due to circumstances beyond our control.
You can pay by any Mastercard or Visa credit card, or laser card. Your credit/laser card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
Your credit card will not be charged until your order is ready for dispatch.
These Product Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.