Terms and Conditions
10. General:
10.1 These conditions govern the contract to the entire exclusion of any other condition. ParcelPlanet reserves the right to change the conditions from time to time by posting amendments on the website or through contact with the account manager or the customer experience team. If the client would like to request any changes to the alterations of the terms and conditions, they need to be submitted in writing with 14 business days.
10.2 Any advice or recommendations given by ParcelPlanet or its employees or agents to the customer regarding the supply, storage, use of the goods and returns which is not confirmed in writing is followed by the buyer is at their own risk. ParcelPlanet will not be held liable for any such advice which is not confirmed.
10.3 Any clerical error or other error made in any of the documentation sent by ParcelPlanet, including sales invoice and quotation, shall be subject to correction without any liability on the part of ParcelPlanet.
10.4 The buyer shall be responsible to ParcelPlanet for ensuring the accuracy of the terms of the order submitted by the buyer and for giving ParcelPlanet all necessary information relating to the goods with enough time to enable ParcelPlanet to fulfil the order.
10.5 In the event of a conflict between these conditions and any other documents forming part of the contract, unless agreed otherwise in writing, these conditions will prevail.
10.6 The property in the goods shall not pass to the buyer until the seller has received all sums due in respect of:
11. The goods
11.1 All other sums which are, or which become due to the Seller from the Buyer on any account.
11.2 Until such a times as the property in the goods has passed to the Seller, the Buyer shall:
11.3 Keep the goods stored separately from all other goods of the Buyer or any third party in such a way that it remains identifiable as the Sellers property.
11.4 Not destroy or deface or obscure any identifying mark or packaging on or relation to the Goods.
11.5 Maintain the Goods in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller.
11.6 Be entitled to resell or use the Goods in the ordinary course of business but shall account to the Seller for the proceeds of sale, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate and easily identifiable from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. The Buyer shall maintain records of the persons to whom it sells or disposes of such Goods and of the payments made by such persons for such Goods and will allow the Seller to inspect these on request; and
11.7 hand the Goods over to the Seller on demand and the Seller shall be entitled to retake possession of them without prejudice to any of its other rights against the Buyer. The Buyer hereby grants to the Seller, its agents and employees an irrevocable licence to enter the premises of the Buyer for the purpose of inspecting the Goods and where the Buyer’s right to possession has terminated, to recover such Goods. The Buyer shall procure that any third party which holds such Goods shall permit the Seller to take possession of them and shall indemnify the Seller against any liability which it may incur to such third party in connection with taking or attempting to take possession of them.
11.8 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods, which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing from the Buyer to the Seller shall become immediately due and payable.
11.9 On termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this Condition 5 shall remain in effect.
11.10 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
11.11 ParcelPlanet reserves the right to change on any products without prior notification.
11.12 All prices quoted are exclusive of VAT unless stated otherwise. Customers using ‘My Account’ to reorder items will have prices saved in their account. Changes to these prices are subject to change without notification unless agreed otherwise.
11.13 Certain Goods maybe removed from sale on ParcelPlanet without prior notification
11.14 Prices are displayed in Euro currency.
12. Limitation of Liability and Warranties:
12.1 Risk of damage or loss to the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
12.2 Except as expressly provided in this Agreement the Seller excludes all representations, warranties, conditions and other terms implied by statute, common law, or otherwise permitted by law. The Seller will endeavor to pass on to the Buyer the benefit of any guarantees or indemnities given to it for them by its supplier.
12.3 If, notwithstanding the above, the Seller is found liable for any loss or damage suffered by the Buyer, its aggregate liability shall in no event exceed the price of the Goods the subject of the claim and, without prejudice to the above, the Seller shall not be liable for: (a) losses sustained in the ordinary course of business;(b) loss of profit; (c) loss of business; (d) depletion of goodwill; (e) loss of business opportunity; (f) loss of revenue; (g) loss of contracts; (h) loss of the use of money; (i) loss of operation time; (j) management or staff time; or (k) any indirect, special or consequential loss whatsoever.
12.4 Nothing in these Conditions shall apply to exclude or limit any liability to the Buyer in respect of:
Fraud, fraudulently misrepresentations or
Death or personal injury of the Buyer caused by the Sellers negligence or
The terms as to title and quiet possession implied by the Sales of Goods and Supply of Services Act 1980
liability for defective products under the Consumer Protection Act 2007
13. Guarantee:
13.1 All Products are covered by a two-year guarantee from the date of purchase and a five year guarantee for toner cartridges. Should the customer experience any issues with any product during this period the Seller will replace and refund the value of the product, pending review and investigation.
13.2 If the customer experiences and issues with the product they must follow the Aftersales care Returns process for full return and reimbursement.
13.3 The use of the product does not affect or invalidate any printer warranties or service agreements. This is a position supported by printer manufacturers and back by consumer law worldwide.
14. Acceptance of Orders:
14.1 Any Instructions received by the seller from the Customer for the supply of Goods and/or the Customers acceptance of Goods supplied by the seller shall constitute acceptance of the terms and conditions.
14.2 ParcelPlanet will validate the Customers order and payment details before acceptance of any order. The Customer will receive an email confirmation on acceptance of the order.
14.3 ParcelPlanet reserves the right to make further validation checks.
14.4 All orders are subject to availability. If the Goods ordered are unavailable the Customer will be offered an alternative or a refund.
14.5 All non-stocked items that are sourced for the customer and delivered have a one-day cancellation policy, otherwise the customer is liable for the costs.
14.6 ParcelPlanet must be notified of any orders received in error within 5 working days of delivery or the customer will be liable for the value of the order.
15. Delivery and Risk:
15.1 Risk of damage or loss to the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
15.2 The Seller shall use its reasonable endeavours to deliver the Goods to the Buyer the next day, after the receipt of the Order by the Seller (unless agreed otherwise in writing by the Buyer and Seller) but time of delivery shall not be of the essence.
15.3 Unless otherwise agreed by the Seller and the Buyer in writing, delivery of the Goods shall be made by the Seller, or deemed to have been made:
by the Seller delivering the Goods to such place as may be notified by the Buyer
where the Seller delivers the Goods to the Buyer, at the time the Goods are taken off the Seller’s delivery vehicle (whether during normal working hours or otherwise); or
where the Buyer collects the Goods from the Seller’s premises, at the time of commencement of loading the Goods from the Seller’s premises on to the Buyer’s vehicle or from when the Buyer picks up the Goods from the trade counter at one of the Seller’s service centres.
15.4 The Seller shall be entitled to supply the Goods in instalments and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions (or any claim by the Buyer in respect of any one or more instalments) shall not entitle the Buyer to treat the Contract as repudiated or to cancel any other instalment.
15.5 Unattended deliveries, where requested by the Buyer, shall be at the Buyer’s own risk except where the Seller has been negligent in respect of that delivery. Any proof of deliveries provided by the Seller shall be proof that the delivery has occurred.
15.6 If the quantity of Goods delivered is more than ordered by the Buyer, the Buyer shall not be entitled to reject the delivery, but the Seller will collect such excess Goods from the Buyer’s premises (or from such address as is reasonably specified by the Buyer) if the Buyer notifies the Seller within the time limits set out in Condition 5.8. If the Buyer does not notify the Seller within the prescribed time limits, the Seller shall be entitled to invoice the Buyer and the Buyer shall pay the Seller.
15.7 If the quantity of the Goods delivered is less than that agreed by the Seller and the Buyer, the Buyer shall not be entitled to reject the delivery, but shall be entitled only to a further delivery of Goods, to make up the deficiency, or (at the Seller’s option) a refund by way of a credit note of the appropriate part of the purchase price.
15.8 The Buyer shall however have no entitlement whatsoever in respect of such non-delivery/over-delivery/short-delivery unless such claim is made through the online returns form to the Seller’s sales office within 10 working days.
15.9 If by reason of the failure of the Buyer to give such notice the Seller is prevented from successfully claiming against the carrier for such over delivery, short delivery or non-delivery, the rights of the Buyer under this Condition shall not apply, and the Buyer shall be liable to pay the full price for all the Goods which are the subject of the Contract.
15.10 Orders are delivered within 24 hours of payment processing
15.11 Delivery charges for orders over €/£10 are €/£2.99
15.12 Delivery charges for orders under €/£10 are €/£3.99
15.13 Special instructions and delivery addresses must be emailed to ParcelPlanet otherwise the order will be delayed until we have confirmed the details via email
15.14 Orders cannot be changed after 3pm and cannot be cancelled after 2pm
15.15 The failure of the Seller to deliver the Goods does not allow the Customer or the Seller to treat the contract as cancelled
15.16 The Seller is not liable if the delivery is delayed due to a third-party courier
16. ParcelPlanet Website:
16.1 The information on ParcelPlanet.com is copyright of the Seller. We continuously attempt to ensure the accuracy and correctness of the information provided.
16.2 However we offer no guarantees or warranties of any kind regarding the accuracy, relevance, reliability or availability or information contained ParcelPlanet or of the website itself. The use of the website and the information it contains is at the users or customers own risk.
17. Legal:
17.1 The terms and conditions herein and all contracts between Seller and Customer shall be governed by the laws of the Republic of Ireland.
17.2 The seller reserves the right to review and change the terms and conditions herein. The Customer will be notified of any changes and the changes will be effective from date of notification.
18. Payment Terms:
18.1 Payment of Goods ordered will be processed through ParcelPlanet secure online payment service unless agreed otherwise. If payment is being made by method other than ParcelPlanet secure online payment service, payment is due on issuing of invoice unless agreed otherwise.
18.2 The date of order through ParcelPlanet is regarded as the date of invoice of the order
18.3 Credit account facilities maybe offered to Customers at the discretion of ParcelPlanet
18.4 If the Customer defaults on the payment of due invoices an interest at a compound rate of 5% will be added to the overdue invoices.
18.5 The Customer is liable for all costs incurred by the seller in order to obtain payment on overdue invoices.
19. VAT:
- Limitation of Liability and Warranties:
19.1 VAT is charged where appropriate
19.2 VAT is charged at a standard rate of 23% in Ireland and 20% in UK, or at the appropriate VAT rate according to the Dept of Finance and/or HM Revenue & Customs for the period with which invoices are issued.
19.3 If you are a VAT exempt organisation please notify ParcelPlanet prior to ordering.
20. Account Information:
20.1 The seller reserves the right to request the following information from the buyer as a condition to trade with the buyer or to continue trading. The requested information will not impede on the GDPR regulations.
Management accounts
Full accounts and notes and
Any other documentation that the sellers deem reasonable and necessary to ascertain credit worthiness in its sole discretion.
20.2 The buyer, shall provide the information requested, to the seller within one calendar month of the request
20.3 In the event that the buyer does not provide the requested information within one calendar month the seller reserves the right to cease trading with the buyer. At which point, all monies owed to the seller by the buyer shall be immediately due and payable.
20.4 The seller reserves the right to undertake any payment card, fraud or other security checks that is deemed reasonable.
21. Terms of Credit:
21.1 Payment must be received by ParcelPlanet on the last working day, end of month, date of invoice.
21.2 If payment is not received by the end of the month from date of invoice, the account will be placed on hold until payment in full has been received by ParcelPlanet. No orders will be accepted by ParcelPlanet while payment is due.
21.3 It is the customers responsibility to inform ParcelPlanet should there be any dispute due to amounts owing on the account before the account is due for payment
21.4 It is the customers responsibility to ensure they have an up to date statement of account and all invoices relating to the account from ParcelPlanet.
21.5 Default & Consequences of Default:
21.6 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement
21.7 If the customer defaults in payment of any invoice when due, the customer shall indemnify the seller from and against all cost and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and Sellers collection agency costs.
21.8 Without prejudice to any other remedies the seller may have, if at any time the customer is in breach of any obligation (including those relating to payment), the seller may suspend or terminate the supply of goods to the customer and any of its other obligations under the terms and conditions. The seller will not be liable to the customer for any loss or damage the customer suffers because the seller exercised its rights under this clause
21.9 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00/£17.00 or 10.00% of the amount overdue (up to a maximum of €200.00) shall be levied for administration fees which sum shall become immediately due and payable
21.10 ParcelPlanet is given authorization by either signing of this document or accepting of goods and or invoices, irrevocable authority to deduct outstanding unpaid amounts from the customer’s credit/debit card, which was supplied on previous purchases/transactions with/to ParcelPlanet
21.11 Without prejudice to the seller’s other remedies at law the seller shall be entitled to cancel all or any part of any order of the customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the seller shall, whether or not due for payment, become immediately payable in the event that, any money payable to the seller becomes overdue, or in the seller’s opinion the customer will be unable to meet its payments as they fall due; or
(A) the customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with the creditors, or makes an assignment for the benefit of its creditors; or
(B) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the customer or any asset of the customer
22. Extended terms:
22.1 Should a direct debit be returned unpaid, full credit facilities will be revoked. The account will revert to payment via credit card or laser card. Credit account facilities will not be considered again for another 12 months.
22.2 Should a direct debit be returned unpaid, ParcelPlanet will take payment from credit card details supplied by your company on previous orders. ParcelPlanet is given the permission to keep on file these credit card details, in accordance with relevant credit card security legislation and credit card provider guidelines.
22.3 The Supplier shall not, whether during the term of the business relationship with the Company under this Agreement, or for a period of two years after the termination of the business relationship for any reason whatsoever, reproduce, copy or disclose, directly or indirectly, company, or confidential Information to any other person, firm, partnership, corporation or any other entity, except where required in the discharge of the Supplier’s duties in supplying the product and delivering the products to the Company’s customers where required by applicable law.
23. Returns:
23.1 In compliance with EU Distance selling directive the Customer is entitled to a 14 day cooling off period. During this time the Customer is entitled to return the purchase to us if the Goods are not damaged or opened. If this is the case the Customer is then entitled to a refund minus the cost of shipping and 20% restocking fee.
23.2 If the Customers wishes to return Goods believed to be faulty the customer must complete the online returns form. An RMA (Return Merchandise Authorisation) number and documentation will be issued to the Customer. The customer must return the product with the RMA documentation and a copy of the delivery docket and the Goods to ParcelPlanet within 5 working days of the issuing of the RMA number. If the product is returned without the documentation this may be refused by the Warehouse.
23.3 The Goods will be inspected by ParcelPlanet. If the fault is not because of workmanship or parts ParcelPlanet or is clearly because of misuse or damage by the customer a refund or replacement will not be issued. The Customer will be advised if such a determination is reached.
23.4 In the case of a faulty Good a replacement will not be dispatched as standard and must be requested by the Customer. Refunds will be issued in the same form as original payment was received.
APPENDIX I:
Terms:
In these conditions the following words have the meanings included:
“Account Application Form” means the form completed by the Buyer requesting credit from the Seller;
“Non-Stocked Product” means a product that is not stocked by ParcelPlanet, but that we are willing to source for the buyer
“Seller” means ParcelPlanet or any person with the authority of ParcelPlanet. ParcelPlanet is trading under the name of D.M.G. Ventures.
“Buyer” means the person firm or company to be supplied with goods pursuant to the contract;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of the Goods and includes these conditions, the order, the Seller’s Aftersales Care Return Policy, the Supplementary Conditions and the Account Application Form;
“Goods” means the goods to be supplied by the Seller to the Buyer pursuant to the Contract;
“Order” means the offer from the Buyer to the Seller to purchase the goods in accordance with these conditions;
“Seller’s Aftersales Care Return Policy” means the Seller’s returns policy or policies for the Goods as may be published by the Seller from time to time;
“Services” means the services to be supplied by the Seller to the Buyer pursuant to the contract;
“Working Day” means any day from Monday through to Friday inclusive excluding United Kingdom and Republic of Ireland public holidays; and
APPENDIX II
Useful links
Sales of Goods and Supply of Service Act 1980; http://www.irishstatutebook.ie/eli/1980/act/16/enacted/en/html
Consumer Protection Act 2007; http://www.irishstatutebook.ie/eli/2007/act/19/enacted/en/html
APPENDIX III
Non-stocked goods
A. General
These supplementary conditions apply to orders for non-stocked goods and are in addition to the terms and conditions.
Words and expressions in this appendix shall have the same meanings as set out in the terms and conditions unless stated to the contrary.
In the event of any conflict between the terms and conditions and this appendix the provisions of this appendix will prevail.
B. Delivery Date Confirmation
Following receipt of an order for a non-stocked good the Seller will, after first consulting with its own relevant supplier, advise the Buyer of the estimated delivery date for the Goods.
The Buyer shall be entitled to request the Seller to agree or to cancel the order where the estimated delivery date advised is not acceptable to the Buyer.
The Seller may consent to a cancellation where the Seller is able to cancel its own order with its supplier without penalty.
If the Seller does not agree to cancel the Order, then the Seller shall be entitled to proceed with such order in accordance with the conditions and this appendix.
C. Delivery
If the Buyer fails or refuses to take delivery of the non-stocked goods when agreed by the Seller, the Buyer is liable for all costs associated with the non-stocked goods.
