CONSUMER CUSTOMER TERMS AND CONDITIONS FOR FLYERALARM LIMITED
Last Update: February 2016
Flyeralarm Limited is a company registered in Ireland under company number 553626 whose registered office (and main trading address) is at Coliemore House, Coliemore Road, Dalkey, Co. Dublin, Ireland, telephone number 1800 200000; email firstname.lastname@example.org. Flyeralarm is member of the Flyeralarm group, including but not limited to, Flyeralarm GmbH (Germany). Flyeralarm Limited’s VAT number is 3320953BH.
The Consumer Customer should read these Consumer Terms carefully and make sure that s/he understands them, before using the Services and/or ordering Goods from the Website. Any Consumer Customer who does not agree to these Consumer Terms, must not use the Services (or the Website) and will not be able to order any Goods from the Website.
The Consumer Customer should print or save a copy of these Consumer Terms on his/her computer for future reference. Flyeralarm may amend these Consumer Terms from time to time as set out in clause 21. Every time the Consumer Customer wishes to use the Services and/or order Goods, the Consumer Customer should check these Consumer Terms to ensure that the Consumer Customer understands the terms which will apply at that time.
These Consumer Terms, and any Contract between Flyeralarm and the Consumer Customer, are only in the English language.
- Definitions and Interpretation
1.1. In these Consumer Terms, the following words with bold letters have the following meaning:
1.1.2. “Accessible File Format” means any processible file format for Goods Specification Data as may be defined on the Website and amended from time to time;
1.1.3. “Additional Charges” means any additional costs and charges (including, but not limited to packaging, storage, wastage, insurance and transport of the Goods) but in any event a minimum charge of €9.80 as set out in clause 10.3.1;
1.1.4. “Business Day” means a day other than a Saturday, Sunday or public holiday in Ireland when banks in Dublin are open for business;
1.1.5. “Consumer Customer” means the person or firm who uses the Services and/or purchases Goods from Flyeralarm;
1.1.6. “Consumer Customer Data” means any data (including the name, address, email address and telephone number) collected and used by Flyeralarm to perform its obligations under the Contract;
1.1.7. “Consumer Terms” means these consumer terms and conditions as amended from time to time in accordance with clause 21;
1.1.8. "Commencement Date” shall have the meaning set out in clause 3.2;
1.1.9. “Contract” means the contract between Flyeralarm and the Consumer Customer for the supply of Goods in accordance with these Consumer Terms;
1.1.10. “Customer Account” means a Consumer Customer account registered with Flyeralarm through the Website;
1.1.11. “Event Outside Flyeralarm's Control” has the meaning set out in clause 16;
1.1.12. “Delivery Information” means information provided by the Consumer Customer (including, but not limited to the delivery address and the Delivery Method) necessary for Flyeralarm to perform its obligations under the Contract;
1.1.13. “Delivery Location” has the meaning set out in clause 5.2;
1.1.14. “Delivery Method” means the delivery or collection of the Goods;
1.1.15. “Goods” means the print products (or any part of them) as set out in the Order;
1.1.16. “Goods Specification Data” means any data for the specification of Goods, including any relevant text, fonts, plans, drawings, artworks and design, submitted by the Consumer Customer and agreed by the parties in writing;
1.1.17. “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
1.1.18. “Intermediate Goods” means all goods produced during the manufacturing process, including, but not limited to disks, films and plates;
1.1.19. “Log In Information" shall have the meaning set out in clause 2.1;
1.1.20. “Order” means the Consumer Customer's order for the supply of Goods submitted in writing or online through the Website or by any other method agreed by Flyeralarm in writing;
1.1.21. "Preparatory Work" means any work before the actual production of the Goods, including, but not limited to, preparatory work on the Goods Specification Data;
1.1.22. “Price List” means the Flyeralarm price list shown in Flyeralarm’s brochures or on the Website as amended from time to time;
1.1.23. "Price” means the price for Goods set out in the Order exclusive of all costs and charges of packaging, insurance and transport;
1.1.24. “Recovery Charges” means additional costs and charges for the recovery of archived data in the amount of €16.60 or the amount specified on our Website as amended from time to time;
1.1.25. “Services” means the online design services for Goods supplied by Flyeralarm;
1.1.26. “Software” means the online software application provided by Flyeralarm which is part of the Services;
1.1.27. “Standard Fee" means Flyeralarm's standard fee for Preparatory Work, as set out in the Order, or shown in Flyeralarm’s brochures or on the Website as amended from time to time;
1.1.28. “Virus” means anything or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and
1.1.29. "Website means the Flyeralarm website www.flyeralarm.com/ie and any other site specified by Flyeralarm in writing.
1.2. 1.2. In these Consumer Terms, the use of the words "writing" or "written" will include faxes and e-mails.
2. Customer Account Registration
2.1. When registering a Customer Account with Flyeralarm, the Consumer Customer is required to provide Flyeralarm with certain information such as the name, address, email address and telephone number and to select a password (both, e-mail address and password together, are referred to hereunder as “Log In Information”).
2.2. The Consumer Customer is responsible for maintaining the confidentiality of the Log In Information, and, provided that the Customer will be responsible for all uses of the Log In Information whether or not authorised by the Consumer Customer.
2.3. Minors (under 18) may not register and/or use a Customer Account, unless the Customer Account is established by their parents or legal guardian and the minors use the Customer Account with the approval of their parent or legal guardian. In the Consumer Customer’s capacity as a parent or legal guardian, if the Consumer Customer provides his/her approval to allow a minor to use a Customer Account, the Consumer Customer hereby agrees to the Consumer Terms on behalf of the Consumer Customer and the minor, and the Consumer Customer represents and warrants that s/he will be responsible for all uses of the Customer Account (and purchases made) by the minor whether or not such uses (and purchases) were authorised by the Consumer Customer.
2.4. In the event the Consumer Customer becomes aware of or reasonably suspects any breach of security, including without limitation any loss, theft, or unauthorised disclosure or use of the Log In Information, the Consumer Customer must immediately notify Flyeralarm. Flyeralarm reserves the right to change the password without notice and if Flyeralarm has reason to believe the Consumer Customer is in breach of this clause 2.4 to invalidate such password, and/or to suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Consumer Customer and Flyeralarm.
2.5. Flyeralarm may open and activate, or re-activate, any Customer Account at its sole discretion.
3. Basis of Contract
3.1. The Order constitutes an offer to purchase Goods in accordance with this Agreement.
3.2. Flyeralarm will acknowledge receipt of any Order by e-mail, but the Order shall only be deemed to be accepted when Flyeralarm issues a separate written acceptance within 14 days of receipt of the Order at which point and on which date the Contract shall come into existence (“Commencement Date”).
3.3. Any samples, drawings, descriptive matter or advertising issued by Flyeralarm and any descriptions of the Goods or illustrations or descriptions of the Services contained in Flyeralarm's catalogues, brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the services and/or Goods described. They shall not form part of the Contract, and shall not have any contractual force.
3.4. The Consumer Customer acknowledges and agrees that Flyeralarm, unless Flyeralarm agrees otherwise in writing:
3.4.1. does not accept Orders from or delivery to addresses outside Ireland;
3.4.2. may begin with chargeable Preparatory Work at any time after the Commencement Date; and
3.4.3. will not archive any digital material provided by the Consumer Customer, especially templates, data and record carriers, extending the time of delivery; unless agreed otherwise by the parties in writing.
3.5. These Consumer Terms, and any Contract between Flyeralarm and the Consumer Customer, are only in the English language.
4.1. The Goods are described in Flyeralarm's catalogue and on its Website as modified by any applicable Goods Specification Data
4.2. Flyeralarm reserves the right to:
4.2.1. amend the Goods Specification Data if required by any applicable statutory or regulatory requirements;
4.2.2. suspend and/or delay the production of the Goods until the Consumer Customer provides Goods Specification Data in an Accessible File Format or pay any amounts requested in advance; and
4.2.3. refuse to print Goods if the production of the Goods to the Goods Specification Data would be in Flyeralarm’s reasonable opinion in breach of any obligation included in this Agreement.
4.3. Flyeralarm may, at its sole discretion, accept any request to:
4.3.1. change the Goods Specification Data, Customer Data and/or Delivery Information (e.g. recipient, Delivery Location, Delivery Method, payment information);
4.3.2. convert a non-accessible file format for the Goods Specification Data into an Accessible File Format; and
4.3.3. recover archived data (e.g. search of files, decompression and preparation of data) for further processing;
after acceptance of the Order but the acceptance of any of the requests specified in clause 4.3 is subject to a price increase as set out in clause 10.3.
5. Delivery of Goods
5.1. Flyeralarm will contact the Consumer Customer with an estimated delivery date and confirm a delivery date as soon as the Goods are ready to deliver, which will be within 30 days after the Commencement Date ("Delivery Date"). The timescales for delivery and delivery charges will vary depending on the availability of the Goods and the Consumer Customer's address.
5.2. Flyeralarm shall deliver the Goods to the location set out in the Order or such other location (or person identified by the Consumer Customer to take physical possession of the Goods) as the parties may agree (“Delivery Location”).
5.3. Delivery of an Order shall be completed when Flyeralarm delivers the Goods to the Delivery Location, or the Consumer Customer, or a carrier organised by the Consumer Customer, collects them from Flyeralarm, and the Goods will be the Consumer Customer's responsibility from that time.
5.4. If no one is available at the Delivery Location to take delivery, Flyeralarm will leave the Consumer Customer a note that the Goods have been returned to Flyeralarm's premises, in which case, the Consumer Customer should contact Flyeralarm to rearrange delivery. The Consumer Customer may only reject a delivery of Goods in accordance with his/her cancellation right under clause 15 of this Agreement.
5.5. If the Consumer Customer rejects a delivery of Goods, without having a cancellation right under clause 15 of this Agreement, then the Consumer Customer shall pay Flyeralarm on demand €40.00 in damages. The parties confirm that this sum represents a genuine pre-estimate of Flyeralarm's loss. The Consumer Customer shall pay this fixed or determined sum agreed by the parties together with any other amount due under this Agreement.
5.6. Flyeralarm may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract.
5.7. If Flyeralarm misses the 30 days delivery deadline for any Goods then the Consumer Customer may cancel his/her Order immediately if any of the following apply:
5.7.1. Flyeralarm has refused to deliver the Goods;
5.7.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.7.3. the Consumer Customer notified Flyeralarm before Flyeralarm accepted the Order that delivery within the delivery deadline was essential.
5.8. If the Consumer Customer does not wish to cancel his/her Order, or does not have the right to do so under clause 5.7, the Consumer Customer can give Flyeralarm a new deadline for delivery, which must be reasonable, and the Consumer Customer can cancel his/her Order if Flyeralarm does not meet the new deadline.
5.9. If the Consumer Customer does choose to cancel his/her Order for late delivery under clause 5.7 or clause 5.8, the Consumer Customer can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to the Consumer Customer, the Consumer Customer will have to return them to Flyeralarm or allow Flyeralarm to collect them, and Flyeralarm will pay the costs of this. After the Consumer Customer cancels his/her Order Flyeralarm will refund any sums the Consumer Customer has paid to Flyeralarm for the cancelled Goods and their delivery.
5.10. Flyeralarm shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside Flyeralarm's Control (see clause 16 for Flyeralarm's responsibilities when this happens) or the Consumer Customer's failure to provide Flyeralarm with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods (including but not limited to Goods Specification Data in an Accessible File Format) or to pay any amounts requested by Flyeralarm in advance.
5.11. The Consumer Customer shall not be entitled to reject the Goods if Flyeralarm delivers up to and including five (5) per cent more or less than the quantity of Goods ordered to each delivery address, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Consumer Customer that the wrong quantity of Goods was delivered.
5.12. Flyeralarm shall use reasonable endeavours to ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Consumer Customer and Flyeralarm reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.
6. Quality of Goods
6.1. Flyeralarm guarantees that on delivery and for a period of twelve (12) months from delivery, the Goods shall:
6.1.1. conform in all material respects with their description and any applicable Goods Specification;
6.1.2. be free from material defects in design, material and workmanship.
6.2. Flyeralarm shall not be liable for the Goods' failure to comply with the guarantee in clause 6.1 if:
6.2.1. the defect is not notified to Flyeralarm within seven (7) days of the date of delivery or, if the defect would not be apparent on reasonable inspection, within three (3) months of the date of delivery;
6.2.2. the defect arises because the Consumer Customer failed to follow Flyeralarm's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
6.2.3. the defect arises because the Consumer Customer failed to inform Flyeralarm about the defect after having been provided with a proof of the Goods and some reasonable time for inspection prior to production of the [Work] ;
6.2.4. the defect arises after the Consumer Customer waived in writing its right to inspect a proof of the Goods prior to production of the Goods;
6.2.5. the defect arises as a result of Flyeralarm following any Goods Specification Data supplied by the Consumer Customer;
6.2.6. the Consumer Customer (or a third party) alters or repairs such Goods without the written consent of Flyeralarm;
6.2.7. the defect arises as a result of fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by the Consumer Customer or by any third party; or
6.2.8. the Goods differ from their description or the Goods Specification Data as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
6.3. The Consumer Customer acknowledges and agrees that, due to the inherent nature of the printing process, Flyeralarm cannot guarantee that:
6.3.1. the Consumer Customer’s Goods Specification Data and the finished Goods will be an exact match in colour; and
6.3.2. where the Goods are produced using full colour printing (also known as process colour or CMYK printing) that all or any Pantone colours (also known as spot colours) will be accurately reproduced.
6.4. Flyeralarm shall not be liable for the Goods' failure to comply with the guarantee in clause 6.1 in the event of any:
6.4.1. variation to the running direction of the paper during the printing process, which might lead to minor markings and minor differences in paper strength and rigidity of the Goods;
6.4.2. minor deviation in colour between (including but not limited to):
188.8.131.52. colour proofs and finished Goods;
184.108.40.206. two or more Orders;
220.127.116.11. current and previous Orders;
18.104.22.168. the single sheets of one Order; or
22.214.171.124. the inside and the cover of a magazine or brochure;
6.4.3. minor deviations in cutting or folding from folded/unfolded finished formats up to:
126.96.36.199. four (4) mm for magazines, brochures, books with saddle stitching or ring eyelet sewing as well as pochettas (cutlery pouches);
188.8.131.52. two (2) mm for all other brochures and books;
184.108.40.206. one point five (1.5) mm for napkins;
220.127.116.11. two (2) per cent for advertising products; or
18.104.22.168. one (1) mm for all other products;
6.4.4. misalignment between a partial UV varnish and a printed motif - up to null point three (0.3) mm.
6.5. This guarantee is in addition to, and does not affect, the Consumer Customer's legal rights in relation to Goods that are faulty or not as described. Advice about legal rights is available from any local Citizens Information office. The Consumer Customer has legal rights under European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 and any other enactments governing the sale of Consumer Goods and those rights are not affected by this guarantee.
7. Title and Risk
7.1. The risk in the Goods shall pass to the Consumer Customer on collection by the Consumer Customer or by a carrier organised by the Consumer Customer, or on completion of delivery, and the Goods will be the Consumer Customer's responsibility from that time.
7.2. The Consumer Customer will own the Goods once Flyeralarm has received payment for the Goods in full (in cash or cleared funds) and payment for any other goods that Flyeralarm has supplied to the Consumer Customer in respect of which payment has become due.
8. Supply of Services
8.1. Flyeralarm will provide the Services using reasonable care and skill.
8.2. Subject to these Consumer Terms, Flyeralarm grants the Consumer Customer a limited, revocable, non-transferable, non-sublicensable and non-exclusive licence to use the Services (and the Website) solely for his/her own non-commercial use. The Consumer Customer may not use the Services for any other purpose.
8.3. The Consumer Customer acknowledges and accepts that Flyeralarm cannot guarantee that:
8.3.1. any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all;
8.3.2. the Services (or the Website) will always be available or be uninterrupted. The Services are provided by Flyeralarm using broadband telephony and therefore may sometimes be unavailable for causes outside Flyeralarm's control, such as failure of the Consumer Customer's broadband connection or internet service provider, power disruptions, the weather, a Force Majeure Event etc. The Services may also not be available due to suspension of the Services by Flyeralarm in accordance with these Consumer Terms.
8.4. Flyeralarm may suspend, withdraw, discontinue or change all or any part of the Services without notice. Flyeralarm will not be liable to the Consumer Customer if for any reason the Services are unavailable at any time or for any period.
8.5. The Consumer Customer is responsible for making all arrangements necessary for the Consumer Customer to have access to the Services.
9. Business Customer's Obligations
9.1. The Consumer Customer shall:
9.1.1. use best endeavours to prevent any unauthorised access or use of the Customer Account;
9.1.2. ensure that the terms of the Order and the Goods Specification Data submitted by the Consumer Customer are complete and accurate;
9.1.3. provide Flyeralarm promptly with such information and materials (including, but not limited to, Goods Specification Data, Customer Data, and Delivery Information) as Flyeralarm may reasonably require to supply the Goods and/or Services, and ensure that such information is accurate in all material respects;
9.1.4. carry out all of the Consumer Customer’s responsibilities set out in this Agreement in a timely and efficient manner;
9.1.5. comply with all applicable laws and regulations with respect to its activities under this Agreement;
9.1.6. maintain a copy of any original Goods Specification Data file provided to Flyeralarm;
9.1.7. provide a current, valid email address and be aware that its email filter settings may treat Flyeralarm’s e-mails as spam or direct them to the Business Customer’s junk folder; and
9.1.8. co-operate with Flyeralarm in all matters relating to the supply of Goods and/or Services;
9.2. The Consumer Customer shall not:
9.2.1. access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services and/or the order of the Goods (manufactured to the Consumer Customer’s Goods Specification Data) that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or in a manner that is otherwise illegal or causes damage or injury to any person or property;
9.2.2. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or access all or any part of the Services and/or the Website in order to build a product or service which competes with the Services and/or the Website; or set a link to the Website, unless otherwise agreed prior in writing.
9.3. If Flyeralarm's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Consumer Customer or failure by the Consumer Customer to perform any relevant obligation (“Consumer Customer Default”):
9.3.1. Flyeralarm shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Consumer Customer remedies the Consumer Customer Default, and to rely on the Consumer Customer Default to relieve it from the performance of any of its obligations to the extent the Consumer Customer Default prevents or delays Flyeralarm's performance of any of its obligations;
9.3.2. Flyeralarm shall not be liable for any costs or losses sustained or incurred by the Consumer Customer arising directly or indirectly from Flyeralarm's failure or delay to perform any of its obligations as set out in this clause 9.3; and
9.3.3. the Consumer Customer shall reimburse Flyeralarm on written demand for any costs or losses sustained or incurred by Flyeralarm arising directly or indirectly from the Consumer Customer Default.
10. Charges and Payment
10.1. The price for Goods shall be the price set out in the Order and shall be inclusive of all costs and charges of packaging, insurance and transport (other than Express/Overnight deliveries) of the Goods which shall be advised to the Consumer Customer before the Consumer Customer confirms its Order.
10.2. The charges for Preparatory Work, converting non-accessible file formats for Goods Specification Data into an Accessible File Format and Intermediate Goods or any other works not included in the price shall be agreed by the parties in writing and calculated on a time and materials basis in accordance with Flyeralarm's Standard Fee.
10.3. The Price of the Goods may change from time to time, but changes will not affect any order the Consumer Customer has already placed. However, Flyeralarm reserves the right to increase the price of the Goods, before delivery, to reflect any increase in the cost of the Goods to Flyeralarm that is due to:
10.3.1. any request by the Consumer Customer to change the Goods Specification Data, Customer Data and/or Delivery Information (e.g. recipient, Delivery Location, Delivery Method, payment information) (“Additional Costs and Charges”);
10.3.2. any request by the Consumer Customer to change a non-accessible file format for Goods Specification Data into an Accessible File Format (whether or not Flyeralarm’s attempt is successful);
10.3.3. any request to recover archived data (e.g. search of files, decompression and preparation of data) for further processing (“Recovery Charges”); or
10.3.4. any delay caused by any instructions of the Consumer Customer in respect of the Goods or failure of the Consumer Customer to give Flyeralarm adequate or accurate information or instructions in respect of the Goods.
10.4. The Price List contains a large number of Goods. It is always possible that, despite Flyeralarm’s reasonable efforts, some of the Goods may be incorrectly priced. If Flyeralarm discovers an error in the Price of the Goods the Consumer Customer has ordered, Flyeralarm will contact the Consumer Customer in writing to inform the Consumer Customer of this error and Flyeralarm will give the Consumer Customer the option of continuing to purchase the Goods at the correct Price or cancelling the Order. Flyeralarm will not process the Consumer Customer’s order until Flyer