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Conditions of Use & SaleConditions Relating to Your Use
of Swanton MC.ie 1. Your Account If you use the website, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer to prevent unauthorised access to your
account. You agree to accept responsibility for all activities that occur under
your account or password. You should take all necessary steps to ensure that
the password is kept confidential and secure and should inform us immediately
if you have any reason to believe that your password has become known to anyone
else, or if the password is being, or is likely to be, used in an unauthorised
manner. Please ensure that the details you provide us with
are correct and complete and inform us immediately of any changes to the
information that you provided when registering. You can access and update much
of the information you provided us with in your account area of the website. Swanton MC.ie reserves the right to refuse access
to the website, terminate accounts, remove or edit content, or cancel orders at
our discretion. If we cancel an order, it will be without charge to you. 2. Privacy Please review our Privacy Notice, which also
governs your visit to Swanton MC.ie, to understand our practices. 3. Access to Swanton MC.ie We will do our utmost to ensure that availability
of the website will be uninterrupted and that transmissions will be error-free.
However, due to the nature of the Internet, this cannot be guaranteed. Also,
your access to the website may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or
services. We will attempt to limit the frequency and duration of any such
suspension or restriction. 4. Licence for website access Swanton MC.ie grants you a limited licence to
access and make personal use of this website, but not to download (other than
page caching) or modify it, or any portion of it, except with express written
consent of Swanton MC.ie. This licence does not include any resale or
commercial use of this website or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this website
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This website or any portion of this website may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Swanton MC.ie and its affiliates without
express written consent. You may not use any meta tags
or any other "hidden text" utilising Swanton MC.ie's
or its affiliates' names or trademarks without the express written consent of Swanton
MC.ie. Any unauthorised use terminates the permission or license granted by Swanton
MC.ie. You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the Welcome page of Swanton MC.ie
as long as the link does not portray Swanton MC.ie, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Swanton MC.ie logo or other proprietary graphic or
trademark as part of the link without our express written consent. 5. Your conduct You must not use the website in any way that
causes, or is likely to cause, the website or access to it to be interrupted,
damaged or impaired in any way. You understand that you, and not Swanton MC.ie, are
responsible for all electronic communications and content sent from your
computer to us and you must use the website for lawful purposes only. You must not use the website for any of the
following:
6. Reviews, comments, communications and other
content Users of this website may post reviews, comments
and other content; send communications; and submit suggestions, ideas,
comments, questions, or other information, as long as the content is not
illegal, obscene, abusive, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties, or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content. Swanton MC.ie reserves the right (but not the obligation) to remove or
edit any content. If you do post content or submit material, and
unless we indicate otherwise, you
You agree that the rights you grant above are
irrevocable during the entire period of protection of your intellectual property
rights associated with such content and material. You agree to waive your right
to be identified as the author of such content and your right to object to
derogatory treatment of such content. You agree to perform all further acts
necessary to perfect any of the above rights granted by you to Swanton MC.ie,
including the execution of deeds and documents, at the request of Swanton MC.ie. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that, as at the date
that the content or material is submitted to Swanton MC.ie: (i) the content and material is accurate; (ii) use of the
content and material you supply does not breach any applicable Swanton MC.ie
policies or guidelines and will not cause injury to any person or entity
(including that the content or material is not defamatory). You agree to
indemnify Swanton MC.ie and its affiliates for all claims brought by a third
party against Swanton MC.ie or its affiliates arising out of or in connection
with a breach of any of these warranties. 7. Defamation claims Because Swanton MC.ie lists many products for sale
on the website and hosts many comments, it is not possible for us to be aware
of the contents of each product listed for sale, or each comment or review that
is displayed. Accordingly, Swanton MC.ie operates on a "notice and
takedown" basis. If you believe that any content on,
or advertised for sale on, the website contains a defamatory statement, please
notify us immediately. Swanton MC.ie will make all reasonable endeavours to
remove the defamatory content complained about within a reasonable time. 8. Copyright, authors' rights and database rights All content included on the website, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Swanton MC.ie,
its affiliates or its content suppliers and is protected by Luxembourg and
international copyright, authors' rights and database right laws. The
compilation of all content on this website is the exclusive property of Swanton
MC.ie and its affiliates and is protected by United Kingdom and international
copyright and database right laws. All software used on this website is the
property of Swanton MC.ie, our affiliates or our software suppliers and is
protected by Luxembourg and international copyright and author' rights laws. You may not systematically extract and/or
re-utilise parts of the contents of the website without Swanton MC.ie's express written consent. In particular, you may not
utilise any data mining, robots, or similar data gathering and extraction tools
to extract (whether once or many times) for re-utilisation of any substantial
parts of this website, without Swanton MC.ie's
express written consent. You also may not create and/or publish your own
database that features substantial (eg our prices and
product listings) parts of this website without Swanton MC.ie's
express written consent. 9.
Intellectual Property Claims Swanton MC.ie (the trading name for Swanton EU
SARL, Swanton Services Europe SARL and Swanton
Media EU SARL) and its affiliates respect the intellectual property of others.
If you believe that your intellectual property rights have been used in a way
that gives rise to concerns of infringement, please contact us. 10. Trademarks SWANTONMC.IE, SWANTON MC, THE SWANTON LOGO and
other marks indicated on our website are trademarks or registered trademarks of
Swanton.com, Inc. or its subsidiaries (collectively "Swanton MC"), in
the European Union and/or other jurisdictions. Swanton MC.ie's
graphics, logos, page headers, button icons, scripts and service names are the
trademarks or trade dress of Swanton. Swanton's trademarks and trade dress may
not be used in connection with any product or service that is not Swanton's, in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Swanton. All other trademarks
not owned by Swanton that appear on this website are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by Swanton MC. 11. Patents One or more patents apply to the website and to the
features and services accessible via the website, including without limitation:
US Patent Nos. 5,715,399; 5,960,411; 6,006,225; 6,029,141; 6,064,980;
6,144,958; 6,169,986; 6,185,558; 6,266,649; 6,317,722; 6,360,254; 6,366,910;
6,401,084 and all corresponding foreign counterparts. 12.
Conditions Relating to the Sale of Products to You This section deals with conditions relating to the
sale of products by Swanton MC. 13. Our contract When you place an order to purchase a product from Swanton
MC.ie, we will send you an e-mail confirming receipt of your order and
containing the details of your order. Your order represents an offer to us to
purchase a product which is accepted by us when we send e-mail confirmation to
you that we've dispatched that product to you (the "Dispatch Confirmation
E-mail"). That acceptance will be complete at the time we send the
Dispatch Confirmation E-mail to you. Any products on the same order which we
have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do
not form part of that contract. 14. Returns In regard to products purchased from us you are
entitled to a statutory cooling-off period of seven business days. 15. Pricing and availability We list availability information for products sold
by us on the website, including on each product information page. Beyond what
we say on that page or otherwise on the website, we cannot be more specific
about availability. Please note that dispatch estimates are just that. They are
not guaranteed dispatch times and should not be relied upon as such. As we
process your order, we will inform you by e-mail if any products you order turn
out to be unavailable. Despite our efforts, a small number of the millions
of products in our catalogue are mispriced. Rest assured, however, that we
verify prices as part of our dispatch procedures. If a product's correct price
is lower than our stated price, we charge the lower amount and send you the
product. If a product's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before dispatch or
cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated
otherwise. 16. Customs When ordering goods from Swanton MC.ie for delivery
overseas you may be subject to import duties and taxes, which are levied once
the package reaches the specified destination. Any additional charges for
customs clearance must be borne by you; we have no control over these charges
and cannot predict what they may be. Customs policies vary widely from country
to country, so you should contact your local customs office for further
information. Additionally, please note that when ordering from Swanton MC.ie,
you are considered the importer of record and must comply with all laws and
regulations of the country in which you are receiving the goods. Your privacy
is important to us and we know that you care about how information about your
order is used and shared. We would like our international customers and
customers dispatching products internationally to be aware that cross-border
deliveries are subject to opening and inspection by customs authorities. Conditions
Relating to Both Your Use of Swanton MC.ie and Sales to You 17. Children Swanton MC.ie does not sell products for purchase
by children. We sell children's products for purchase by adults. If you are
under 18, you may use Swanton MC.ie only with the involvement of a parent or
guardian. 18. Other businesses Parties other than Swanton MC.ie and its
subsidiaries may operate stores, provide services, or sell product lines on or
associated with this website. For example, businesses and individuals offer
products via links placed on our website. In addition, we provide links to the
websites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant or endorse the
offerings of any of these businesses or individuals, or the content of their
websites. Swanton MC.ie does not assume any responsibility or liability for the
actions, products, and content of any of these and any other third-parties. You
can tell when a third-party is involved in your transactions, and we may share
customer information related to those transactions with that third-party. You
should carefully review their privacy statements and other conditions of use. 19. Electronic communications When you visit Swanton MC.ie or send e-mails to us,
you are communicating with us electronically. We communicate with you by e-mail
or by posting notices on the website. For contractual purposes, you consent to
receive communications from us electronically and you agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing. This condition does not affect your statutory rights. 20. Losses Swanton MC.ie will be responsible for any losses
you suffer as a result of us breaching these conditions if the losses were
reasonably foreseeable to both you and us when you commenced using the website,
or a contract for the sale of goods by us to you was formed. We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the website or when a contract for the sale
of goods by us to you was formed. Swanton MC.ie does not limit in any way our
liability by law for death or personal injury caused from our negligence or
breach of duty or caused by our gross negligence or wilful misconduct. 21. Alteration of Service or Amendments to the
Conditions We reserve the right to make changes to our
website, policies, and these Conditions of Use & Sale at any time. You will
be subject to the policies and Conditions of Conditions of Use & Sale in
force at the time that you use the website or that you order goods from us,
unless any change to those policies or these conditions is required to be made
by law or government authority (in which case it will apply to orders
previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of 22. Events beyond our reasonable control We will not be held responsible for any delay or
failure to comply with our obligations under these conditions if the delay or
failure arises from any cause which is beyond our reasonable control. This
condition does not affect your statutory rights. 23. Waiver If you breach these conditions and we take no
action, we will still be entitled to use our rights and remedies in any other
situation where you breach these conditions. 24. Governing law and jurisdiction These conditions are governed by and construed in
accordance with the laws of the Republic of Ireland, and the application of the
United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree, as we do, to submit to the non-exclusive
jurisdiction of the courts of the district of Republic of Ireland. 25. Our details Swanton MC.ie is the trading name for Swanton MC. This website is owned and operated by Swanton MC. Together
with any other third-party seller programmes operated on the website from time
to time are operated by Swanton MC. For the Swanton MC.ie website: Swanton MC 5 Swans Nest Business Park Pouladuff Road Togher, Cork Republic of Ireland
Important
Warning: giving false, misleading or inaccurate information
in the Notice to Swanton MC.ie may result in civil liability. You should
contact a solicitor should you have any questions. Notice Form: If you believe that your intellectual property is
being violated by an item or information on the Swanton MC.ie site, you may contact
us in writing at the above address. |
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