Introduction
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE ORDERING SYSTEM
By accessing, using or otherwise availing of our Website and/or our App, you agree to the terms and conditions set out below, and to any other terms and conditions made available to you on the Website and/or the App, (“Terms of Use”) in respect of your use of the Website and/or the App.
The Terms of Use constitute a binding legal agreement between Newvend Ltd and you. Please read the Terms of Use carefully and if you do not agree to any of them, you will not be entitled or permitted to access or use the Website or the App and you must refrain from doing so.
Your use of the Website and/or the App is also subject to our [Privacy Policy] and our [Cookie Policy] and you must also familiarise yourself with these other terms and policies before you use the Website and/or our App.
We may change the Terms of Use from time to time to the extent permitted by applicable law. We will provide you with notice of any such change through our Website and our App and/or by other means, as appropriate. You should review the Terms of Use periodically and you agree that your continued use of the Website and/or the App after we publish or send a notice about any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use as of their effective date. If you object to any changes to the Terms of Use, you may stop using the Website and/or the App.
1. Purpose
The purpose of the Website and the App is to provide a simple, convenient and cost-effective service that enables you (and other customers) to place orders for delivery with us.
2. Disclaimer and Liability
You hereby acknowledge and agree that the Website and the App is made available for use ‘as is’ and ‘as available’ and we make no representations and give no warranties of any kind whatsoever in relation to the Website and the App and that, without prejudice to the generality of the foregoing, we make no warranty or representation regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance or continuity of the Website and/or the App or the contents thereof. It is your sole responsibility to ensure that the Website and/or the App is suitable for your purposes.
You acknowledge and agree that to the extent permitted by applicable law, the Website and the App may at any time be modified or withdrawn, on a temporary or permanent basis, and wholly or in part, for any reason without notice, and we shall have no liability to you or any other party arising out of or in connection with such modification or withdrawal. We make no representation or warranty that the Website and the App will be uninterrupted or error free or that the Website and the App will be free of viruses. We do not warrant or represent that the Website and the App will meet your requirements or specifications, or that any errors or bugs in the Website and the App will be corrected.
All representations, warranties, guarantees, terms and conditions whether express or implied by statute or otherwise in relation to the Website and the App or the information contained therein (including any implied warranty of accuracy of data, non-infringement, merchantability or fitness for a particular purpose) are hereby excluded to the fullest extent permitted by applicable law.
Our total aggregate liability to you whether in contract, tort (including negligence) under statute or otherwise arising out of or in connection with the Terms of Use, the Website and the App and/or the Products shall be limited to €100.
We acknowledge that nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
3. Use of Data
If you enter your payment card details on the Website and/or the App, these details will be stored securely by a third-party payment service provider. We do not have access to your payment card details, with the exception of the last 4 digits of your payment card number and the card expiry date which are used to identify your card and orders.
Where you provide your mobile phone number, your name and your address through the Website and/or the App we will be provided with this information so that we can complete your order.
For more information on how we may process information about you please see our Privacy Policy.
4. Third Party Sites
The Website and the App may contain links to other websites. Such websites are not under our control, and we are not responsible or liable for the practices, content or availability of such websites. The inclusion on the Website and the App of links to other websites does not imply any endorsement or sponsorship of the content or practices on such websites nor does it imply any affiliation or association between us and any operators of such websites. These links to websites are provided for your convenience only.
If you decide to access a website through a link on our Website and/or the App, you do so at your own risk, and we will not be responsible or liable to you or any third party for any loss, cost, damage or other liability arising out of or in connection with accessing, using or relying on the website or any content, goods, practices or services available on such website.
You are prohibited from linking to the Website and/or the App from any other business, service or other website.
5. Obligations and Limitations on Use
The Website and the App are made available for access by you in our country of establishment and we make no representation or warranty that any information, materials or functionality included in the Website and the App is appropriate or available for use in any jurisdiction other than our country of establishment.
You agree that any information provided by you on the Website and/or the App (including your name and contact details) is true, accurate, current and complete in all respects at the time it is provided and that you will update this information when subsequently using the Website and/or the App to the extent that it changes.
By using the Website and/or the App you also agree that:
5.1 you will comply with the Terms of Use;
5.2 you will not impersonate any other person or entity or use a false name or a name that you are not authorised to use on the Website or the App;
5.3 you are 18 years of age or older;
5.4 you will pay in full for all Products ordered by you through the Website and/or the App;
5.5 you will not use the Website or the App to place any speculative or false orders;
5.6 you will not use the Website or the App to research our Products or the pricing of our Products;
5.7 you will not use any automated systems, robots or software to extract data from the Website or the App.
You acknowledge and agree that you may not use the Website or the App for any unlawful purpose, or any purpose that is not authorised by us, including without limitation:
5.8 transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
5.9 interfering with any other persons use or enjoyment of the Website and/or the App;
5.10 damaging, disabling or impairing the operation, functionality or availability of the Website and/or the App (including by knowingly or recklessly introducing to the Website and/or the App: viruses, trojans, worms, logic bombs or other material which is malicious or harmful) or attempting to gain unauthorised access to the Website and/or the App or to networks connected to it, through hacking, spoofing or any other means;
5.11 distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material on or through the Website and/or the App.
You may not access the Website and/or the App for any commercial purposes (including for the purposes of copying or reproducing any material on the Website and/or the App, monitoring the availability, performance or functionality of the Website and/or the App, or for any other benchmarking or competitive purposes).
6. Orders & Payment
It is your responsibility to ensure that each order for products that you place through the Website and/or the App is correct prior to you submitting such order. All questions that you may have regarding products displayed on, or any orders you place through, the Website and/or the App should be directed to us by email, sales@newvend.ie.
Please note that any order that you place through the Website and/or the App is not accepted until you are sent an email confirming that we have dispatched your order. This means that when the Website and/or the App states that your order has been confirmed, we may still (at our discretion) choose to decline your order until such time as you are sent the email. If we are unable to accept your order after it has been placed through the Website and/or the App, we will contact you to confirm this to you.
Please note that the inclusion of incorrect personal details by you when placing an order with us on the Website and/or the App may lead to delays in the completion of your order or mean that we are unable to complete your order. It is your responsibility to ensure that you have included your correct personal details on the Website and/or the App (including your delivery address and telephone number) and we are not liable for any delay or failure to complete your order due to the inclusion of incorrect personal details on the Website and/or the App.
It is your responsibility to keep your mobile phone secure. You agree that you are responsible and liable for all orders and charges placed on the Website and/or the App via your mobile phone.
Please note that where you have not made payment in full at the time of placing your order on the Website and/or the App, you will be solely responsible and liable for making all outstanding payments due in respect of your order.
We reserve the right at our discretion to change the Products, and the prices of Products, available on the Website and/or the App.
7. Delivery
Next Day Delivery:
We aim to process your order as quickly as possible. All orders placed before 16:00p.m Monday to Friday will be shipped the same day. Please remember that most carriers do not deliver on Saturdays, Sundays, or Bank holidays.
*To be eligible for Free Next Day Delivery your order must be €400 or greater. The €400 minimum order only applies to Vape Products. Please note: Cigarettes or Tobacco cannot be included in the €400 minimum order.
If your package has not arrived, please contact our customer services team via email: sales@newvend.ie
Alternatively, you can phone us on +353 (042) 9748833.
For incorrect orders, faulty goods, or damaged goods, please refer to our Returns Policy.
8. Communication
You consent to us providing you with notices and other communications electronically either through the Website and/or the App or by other electronic means and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
9. Cancellation
You acknowledge and agree that we may cancel an order placed by you on the Website and/or the App, either before or after acceptance of such order, where we believe that inaccurate information was provided as part of this order or where circumstances beyond our reasonable control occur which prevent or hinder completion of such order.
10. Termination
Each of you and us may terminate the Terms of Use immediately at any time and without notice to the other. Upon such termination, you will not be entitled or permitted to access and use the Website and/or the App. The following Clauses of the Terms of Use survive any such termination: Clauses 2, 3, 9, 10, 11 and 13.
11. General Terms
If any part of the Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.
No failure or delay by us to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
You agree that no partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Website and/or the App.
The Terms of Use constitute the entire agreement between you and us regarding the Website and/or the App supersede and extinguish all prior agreements promises, assurances, warranties, representations and understandings between you and us regarding the Website and/or the App.
You may not assign, novate or otherwise transfer the Terms of Use to any person without our prior written consent but you agree that we may assign, novate or otherwise transfer any of our rights or obligations under the Terms of Use to our affiliates or a party that acquires us.
12. Governing Law
The Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Use or their subject matter shall be governed by, and construed in accordance with, Irish law and any such dispute or claim shall be resolved exclusively in the courts of Ireland or in the courts of the country of our establishment.
13. Contact
All comments, questions and requests relating to your information are welcomed and should be emailed to sales@newvend.ie
Privacy Policy
Please review our Privacy Policy which is available on the Website and the App.
Cookie Policy
Please review our Cookie Policy which is available on the Website and the App.
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