General Terms of Service

THIS AGREEMENT is made on the       day of                            2017(the Commencement Date)

BETWEEN:

AN POST, a company incorporated in Ireland under company number 98788 and having its registered office at General Post Office, Dublin 1 (“An Post”); and


The party described as such in Schedule 1 (“The Retailer”):

each a "Party" and together the "Parties"


WHEREAS:


An Post is a trusted intermediary and provider of communications and delivery services.

The Retailer carries on a business at the Address specified in Schedule 1

An Post provides the Services more particularly defined in Schedule 2 to Retailers.

The Retailer has agreed to avail of the Services on the terms and conditions set out below.


NOW IT IS HEREBY AGREED AS FOLLOWS:



Interpretation


Definitions


In this Agreement where the context admits:

“Account” means the details which the Retailer registers on the Site and or with An Post to enable the Retailer to have access to the Site and to use the Services.

“Agreement” means these terms and conditions and the Schedules hereto.

“Confidential information” means all confidential,secret,commercial or proprietary information disclosed, including information concerning the Intellectual Property or business of either party and or third party provided by a Party (the Disclosing Party) to the other Party (the Receiving Party),whether in writing,orally,by another means, whether directly or indirectly, whether before, on or after this Agreement

“Customer” means a customer of the Retailer who avails of the Services.

“Customer Fees” means the fees payable by the Customer to the Retailer for the Goods delivered or to be delivered using the Services.

“Customer Data” means records of Customer transactions using the Services.

“Data Protection Acts” means the Data Protection Acts 1988 and 2003 and any decisions or guidance of the Data Protection Commissioner relating thereto.

“Fees” means the fees payable by the Retailer to An Post as are more particularly set out in Schedule 3.

“Intellectual Property”(IPR) means trademarks, service marks, trade names, logos(whether registered or not)patents and inventions and all rights therein ,registered and unregistered design rights, copyrights,(including rights in computer software)typography rights, rights of extraction relating to databases ,database rights and all other similar proprietary rights, which may subsist in any part of the world including, where such rights are obtained or enhanced by registration ,any registration of such rights and applications and rights to apply for such registration and all similar intellectual property rights which may subsist anywhere in the world.

“Retailer Content” means content uploaded by the Retailer on the Site

“Retailer Site” means the Retailer unique web address on the Website

“Service(s)” means the services more particularly set out in Schedule 2

“Site” means the Retailer Site

“Website” means www. eLocal.ie



1. Scope of Agreement

This Agreement governs the overall relationship between An Post and the Retailer, with respect to the provision of the Services by An Post to the Retailer hereunder.


2. Term

This agreement shall come into force on the Commencement Date and shall remain in full force and effect until terminated in accordance with the provisions of Clause 11


3. Fees and Payments

Fees by the Retailer to an Post in the manner and at the times set out in Schedule 3.

Customer Fees are payable to an Post in the manner and at the times set out in Schedule 3.

Customer Fees are paid by An Post to the Retailer at the times and in the manner set out in Schedule 3.



4. Obligations of An Post

With effect from the Commencement Date An Post shall provide the Services to the Retailer at the times and in the manner set out in Schedule 2 and Schedule 3.


5. Obligations of the Retailer

With effect from the Commencement Date the Retailer shall avail of the Services and use the Site stricltly in accordance with the terms set out in Schedule 2 and Schedule 3.


6. Warranties, Representations and Undertakings


6.1
An Post warrants and represents to the Retailer that:

6.1.1
it has the power, authority and right under law to enter into, and to carry out its obligations and responsibilities under, this Agreement

6.1.2
those obligations and responsibilities as set out in clause 6 .1 constitute legal obligations which are valid and binding on it in accordance with the terms of this Agreement and

6.1.3
it has taken all and any action necessary to authorise the execution, delivery and performance of this Agreement.



6.2
The Retailer warrants, represents and undertakes that:

6.2.1
it has the power, authority and right under law to enter into, and to carry out its obligations and responsibilities under this Agreement; and

6.2.2
that it is the owner of or the licensee of the Retailer Content and that the Retailer Content is accurate and that the use of such Retailer Content by the Retailer and or by An Post for the purposes of performing and receiving the Services hereunder does not and will not infringe the Intellectual Property Rights of any other party.

6.2.3
those obligations and responsibilities as set out in clause 6.2.1 and clause 6.2.2 constitute legal obligations which are valid and binding on it in accordance with the terms of this Agreement; it has taken all and any action necessary to authorise the execution, delivery and performance of this Agreement.



7. Intellectual Property Rights


7.1
An Post is the owner or licensee of the e Local logo and all Intellectual Property Rights in or otherwise applicable to the Service and all An Post content that is made available on the Site and or through use of the Services. The Services and the An Post content are protected by copyright, database, trade mark and related intellectual property rights and treaties around the world and are expressly reserved to An Post and or its licensors.


7.2
Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring on the Retailer or on any third party any licence or right to use or otherwise exploit the Intellectual Property rights in the Services or any An Post content without the prior written consent of An Post.


7.3
Subject to and in accordance with the terms of this Agreement An Post hereby grants the Retailer a personal, non-exclusive, non-transferrable, non-sub licensable, revocable, limited right to access and use the Intellectual Property in the Site solely for the purpose of availing of the Services and for no other purpose whatsoever.


7.4
For the avoidance of any doubt the Parties agree that the ownership rights in Intellectual Property subsisting in graphics, website layout, look and feel of outputs of the Services on the Website and on the Site developed by An Post including any surface content, logos and devices, and the right to the domain name eLocal subsisting in such outputs (collectively “Look and Feel Materials”) shall vest in An Post.


7.5
All Intellectual Property in the Retailers Content vests in the Retailer and or its licensors.


7.6
The Retailer grants An Post a non-exclusive, worldwide, irrevocable, royalty free licence to use the Retailer Content for the purpose of the provision of the Services.



8 Provisions in relation to Customers


8.1
The Retailer acknowledges that Customers availing of the Services are and at all times remain the Customers of the Retailer and that An Post assumes no responsibility for or liability to such Customers.


8.2
The Retailer further acknowledges that all Customer Data remains the exclusive property of the Retailer and that a Post has no right to access or use the Customer Data save as is provided herein for the purpose of performing the Services



9 Indemnity and Liability


9.1
The Retailer agrees and acknowledges that the Services are provided by An Post on an “as is” and “as available” basis. Accordingly the Retailer acknowledges that to the extent permitted by applicable law all express or implied warranties including but not limited to implied warranties of fitness for purpose and non-infringement are expressly excluded.


9.2
Subject to clause 9.5 and to the extent permitted by applicable law, An Post excludes all implied warranties, representations, conditions and other terms in respect of the Services and An Post content, whether implied by statute, common law, the law of equity, course of dealing, trade use or otherwise.


9.3
To the extent permitted by applicable law and subject to clause 9 5, An Post excludes liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, even if foreseeable, for any:

9.3.1
indirect, special or consequential loss or damage;
9.3.2
wasted expenditure;
9.3.3
loss of income or revenue;
9.3.4
loss of business;
9.3.5
loss of profits or contracts;
9.3.6
loss of anticipated savings;
9.3.7
loss or corruption of data; and
9.3.8
loss of goodwill,
in each case arising under or in connection with: (i) the use of, or inability to use, the Services; or (ii) the use of or reliance by any person on any an Post content on or accessible on the Site and or through the Services; or (iii) otherwise arising in connection with An Post’s provision of the Services.

9.4
Subject to clauses 9.3 and 9.5 and to the extent permitted by applicable law, the total aggregate liability in respect of the use by the Retailer of, or otherwise arising in respect of, the Services (including all An Post content), or otherwise in connection with the terms of this Agreement , whether in contract, tort including negligence, breach of statutory duty, misrepresentation or otherwise shall not exceed the sum of specified in clause 8 of Part 2 of Schedule 2


9.5
Nothing in this Agreement shall limit or exclude either Party's liability:

9.5.1
for liability arising from death or personal injury caused by negligence;
9.5.2
for liability arising from fraud or fraudulent misrepresentation;
9.5.3
any other liability which may not by law be subject to limitation or exclusion; or
9.5.4
the Retailers liability under the undertakings and warranties given in in clause 6.2


10 Insurance

The Retailer shall maintain throughout the Term such policies of insurance in place as are sufficient to meet its obligations hereunder.


11 Termination


11.1
Either Party may terminate this Agreement for convenience at any time during the term on the service of three (3) months prior written notice on the other party. The Agreement shall terminate automatically on the expiration of the said three (3) month period.


11.2
Either party may terminate this Agreement forthwith by notice in writing to the other party (the “Breach Party”) if:

11.2.1
the Breach Party is unable to pay its debts within the meaning of section 570 of the Companies Act 2014 or is otherwise insolvent;
11.2.2
the Breach Party proposes to make or makes any compromise, composition, arrangement or scheme of arrangement with, or conveyance or assignment for the benefit of, any of its creditors;
11.2.3
the Breach Party passes a resolution that the party be wound up (except for the purpose of bona-fide solvent reconstruction or amalgamation and in such manner that the entity resulting therefrom effectively and to the satisfaction of the non-breaching party agrees to be bound by or assume the obligations imposed on the Breach Party under this Agreement);
11.2.4
an examiner, receiver or receiver manager is appointed to the Breach Party, or an encumbrance takes possession of, any part of the assets, undertaking or revenues of the Breach Party or any distress, execution or other process is levied or enforced or served out upon or against any part of the Breach Party’s assets, undertaking or revenues; or
11.2.5
if a petition is made or proceedings are commenced in relation to any of the events described in clause11.2 .1 to11.2. 4 or similar or analogous events or proceedings occur or are taken under the law of any other jurisdiction.

11.3
An Post may terminate this Agreement by giving not less than 10 days’ prior written notice to the Retailer if:

11.3.1
The Retailer commits a material breach of this Agreement and fails to remedy that breach (if capable of remedy) within 10 days after receipt by the Retailer of written notice from An Post identifying the breach and requiring such remedy;

11.4
any accrued rights or obligations to which either of the parties to this Agreement may be entitled or be subject before such termination or expiry shall remain in full force and effect and termination or expiry shall not affect or prejudice any right to damages or other remedy which a party may have under this Agreement which existed at or before the date of termination or expiry.


11.5
Upon the termination of this Agreement any rights or licences granted by either party to the other hereunder will cease to have effect

11.5.1
Upon termination the Retailer shall return to An Post all boxes, pouches and labels supplied by An Post to the Retailer together with any and all signage and or promotional material in the possession of the Retailer which has been supplied to the Retailer by an Post for the purposes of promoting and using the Site and the Services .

11.6
Each party shall, for the duration of any termination notice period, continue to perform its obligations under this Agreement. Any clause which by its nature survives the termination of this Agreement shall remain in full force and effect.


11.7
Without prejudice to the provisions of this clause 11 An Post reserves the right on notice to the Retailer to suspend the Retailers use of the Site and close the Account in the event that the Retailer is in breach of any of the provisions of this Agreement or if the Retailer has not used the Site for a prolonged period of time.



12 Data Protection

Both the Retailer and An Post shall at all times ensure that any Personal Data disclosed in the provision of the Service shall at all times be treated in accordance with the provisions of the Data Protection Acts.


13. Confidentiality

Both the Retailer and An Post shall at all times ensure that any Personal Data disclosed in the provision of the Service shall at all times be treated in accordance with the provisions of the Data Protection Acts.

13.1
Subject to clause13 .2 during the term of this Agreement and at any time after the termination or expiry of this Agreement (for any reason) the Receiving Party:

13.1.1
may not use any Confidential Information of the Disclosing Party for any purpose other than in the performance of its obligations under this Agreement;
13.1.2
may not disclose any Confidential Information of the Disclosing Party to any person except with the prior written consent of the Disclosing Party or in accordance with clause 13 .2; and
13.1.3
shall make every effort to prevent the use or disclosure of Confidential Information of the Disclosing Party.

13.2
The Receiving Party may disclose information which would otherwise be Confidential Information if and to the extent that:

13.2.1
it is required by law or regulation not having force of law but to which the Receiving Party is subject;
13.2.2
the information has come into the public domain, otherwise than through a breach of this clause by the Receiving Party;
13.2.3
it is required by any securities exchange or regulatory or governmental authority to which it is subject; or
13.2.4
the disclosure is to its professional advisers, auditors or bankers or to any of its Personnel, board members or permitted sub-contractors (a “Recipient”) to the extent that disclosure is reasonably necessary for the purposes of this Agreement. The Receiving Party shall ensure that a Recipient is made aware of and complies with the Receiving Party’s obligations of confidentiality under this Agreement as if the Recipient was a party to this Agreement.

13.3
Nothing in this clause shall prejudice or restrict the exercise by a party of any rights in the other party’s Intellectual Property as expressly granted hereunder subject to and in accordance with the terms hereof.



14 Force Majeure


14.1
A “Force Majeure Event” means an event or circumstance or combination of events and / or circumstances not within the reasonable control of the Affected Party (as defined in below) which has the effect of delaying or preventing that Party from complying with its obligations under this Agreement, including acts of God, war, out-break of disease, insurrection, riot, civil disturbance, rebellion, acts of terrorism, government regulations, embargoes, explosions, fires, floods, tempests, or failures of supply of electrical power, or public telecommunications equipment or lines, industrial action of whatever nature or cause (strikes, lockouts and similar) occurring at the places of business of either Party (or its subcontractor’s or agent’s).


14.2
In the event of any failure, interruption or delay in the performance of a Party's obligations (or of any of them) resulting from any Force Majeure Event, that Party (the “Affected Party") shall promptly notify the other Party in writing specifying:

14.2.1
the nature of the Force Majeure Event;
14.2.2
the anticipated delay in the performance of obligations; and
14.2.3
the action proposed to minimise the impact of the Force Majeure Event,
and the Affected Party shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the other Party but provided always that the Affected Party shall use all reasonable efforts to minimise the effects of the Force Majeure Event and shall resume the performance of its obligations as soon as reasonably possible after the removal of the cause.

14.3
If the Force Majeure Event continues for thirty (30) days An Post may terminate this Agreement by giving not less than 10 days' prior written notice.



15. Assignment and Sub-contracting

Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.


16. Dispute Resolution Procedure


16.1
Amicable Dispute Settlement
If any dispute arises between the Parties, the Parties shall first make every effort to settle the dispute amicably if the Parties are unable to settle any dispute amicably either Party may refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure.


16.2
The Parties may at any stage agree any amendments or variations to the procedures set out in this Clause 16



17. Variation of Terms

An Post may from time-to-time add to, change or remove any part, term or condition of this Agreement on the service of notice on the Retailer. Such notice may be served on the Retailer by way of publication of the notice on the Site.


18. Miscellaneous


18.1
This Agreement shall be binding upon and endure to the benefit of the respective parties hereto and their respective personal representatives and or successors.


18.2
This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts each of which when executed and delivered shall constitute an original and all such counterparts together constituting but one and the same instrument.


18.3
Without prejudice to the right of An Post to serve any notice on the Retailer by the publication of such notice on the site, any notice or other communication to any party hereto (whether required or permitted to be given under or in connection with this Agreement) shall be in writing and shall (at the option of the party giving the notice) be:

18.3.1
delivered by hand;
18.3.2
sent by facsimile; or
18.3.3
sent by prepaid post

to the address or facsimile number, set out under its name set out below, or to such other address or facsimile number as is from time to time notified to the party giving the notice in compliance with the provisions of this clause 18 .3.

The Retailer

Details as per Schedule 1

An Post

Address: General Post Office, O’Connell Street, Dublin 1, Ireland for the urgent attention of the Company Secretary.

Any notice or communication referred to in this clause 18.3 shall be deemed to have been served:

18.3.1
if delivered by hand, on delivery;
18.3.2
if sent by facsimile, when the sender’s facsimile machine issues confirmation that the relevant pages have been transmitted to the recipient’s facsimile machine; and
18.3.3
if sent by prepaid post, forty eight (48) hours after posting
Each person giving a notice or making a communication hereunder by facsimile shall promptly confirm such notice or communication by post to the person to whom such notice or communication was addressed but the absence of any such confirmation shall not affect the validity of any such notice or communication or the time upon which it is deemed to have been served.

18.4
A waiver by a party of any breach by the other party of any of the terms, provisions or conditions of this Agreement or the acquiescence of either party in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto.


18.5
Any remedy or right conferred upon any party in this Agreement shall be in addition to and without prejudice to all other rights and remedies available to it whether pursuant to this Agreement or provided for by law.


18.6
No failure or delay by any party in exercising any claim, remedy, right, power or privilege under this Agreement shall operate as a waiver nor shall a single or partial exercise of any claim, remedy or right,


18.7
Nothing in this Agreement shall create, or be deemed to create, a partnership or other association between the parties and neither party is deemed to be the agent of the other for any purpose whatsoever. Neither party has the power or authority to bind the other or to contract in the name of the other party.


18.8
This Agreement contains the whole agreement between the parties hereto relating to the subject matter thereof. Each of the parties acknowledges that in agreeing to enter into this Agreement it has not relied on any representations or warranties except for those contained in this Agreement.


18.9
Each of the provisions of this Agreement is separate and severable and enforceable accordingly and if at any time any provision is adjudged by any court of competent jurisdiction to be void or unenforceable, the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In such an event, the parties shall, by amendment of this Agreement, replace such a provision with a reasonable new provision that, as far as legally and commercially possible, reflects the original intention of the parties.


18.10
This Agreement and all relationships created by it shall, in all respects, be governed by and construed in accordance with the laws of Ireland.


18.11
Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and to settle any disputes which may arise out of or are in connection with this Agreement and, for these purposes, irrevocably submits to the jurisdiction of the courts of Ireland.


18.12
No announcement or disclosure regarding all or any part of the transactions contemplated by this Agreement shall be made by either An Post or the Retailer without the prior written approval of the other party, save for any such announcement as is required to be made under any applicable law in which case the announcement shall be made only after consultation with the other party and after the other party has, where practicable, been given the opportunity to approve such announcement.


18.13
Each party shall, at its own cost, from time to time and being required to do so by the other party, now or at any time in the future, do or procure the doing of all such acts and or execute or procure the execution of all such documents in a form satisfactory to the other party as the other party may reasonably consider necessary, to give full effect to this Agreement.


18.14
At any time after the date of this Agreement, each Party will use its reasonable endeavours to procure that any documents are executed and acts and things are done as may reasonably be requested by the other Party, and at the sole cost and expense of such other party, for the purpose of giving that Party the full benefit of this Agreement.



19. Documents Incorporated by Reference


19.1
The Schedules hereto are incorporated into and form part of this Agreement. In the event of a conflict between these terms and the Schedules the provisions contained in the Schedules shall prevail.


19.2
These Terms together with any terms, conditions and notices contained on, or which are accessible from, the Site, including without limitation, the eLocal Privacy Statementu, eLocal Cookie Policy and the eLocal Website Terms are expressly incorporated herein .



Signed by the Retailer





In the presence of





Signed for and on behalf of An Post





In the presence of



Schedule 1



Retailer Details


Trading as a Company Trading as a Sole Trader or Partnership
Registered Name : Name:
Registered No : Sole Trader:
Partnership:
Trading As :
Address of Business :

Eircode:
Business Owner
Personal Address of Business Owner

Eircode :
Nature of Business :
Expected Number of Monthly Orders :
Expected Average Order Value :
Payment Terms: No Later than 30 days from invoice date in respect of An Post Charges.
Payment By: Direct Debit to the bank account nominated on the SEPA Direct Debit Mandate form attached.

FINANCIAL CONTACT DETAILS
Name :
Telephone Number:
Mobile :
Email :

Schedule 2



Part 1


(1) Service Description


eLocal is a new service provided by an Post which facilitates businesses selling online by providing each Retailer with its own Site and with a payment gateway to facilitate transactions between the Retailer and its Customers. The Services also provides for a delivery service whereby Goods purchased online or in store may be delivered by An Post to the Customer or collected in store by the Customer.

(a) Provision of Retailer Site and payment gateway.

The Specific terms of use of this element of the Services are set out in Schedule 2 Part 2 below.

(b) Delivery Service.

The Specific terms of use of this element of the Services are set out in set out in Schedule 2 Part 2and Schedule 4 below.

Customers may use the Services by

Schedule 2



Part 2


(2) Obligations of the Retailer in relation to use of the Services


Retailer Terms and Conditions of Use of the Site and provisions in relation to the delivery services.

Important Notice

By availing of the Services the Retailer agrees to be bound by these terms and conditions which form part of the Agreement.
These terms and conditions incorporate the e Local Privacy Statement. e Local Website terms and e Local Cookie Policy.

1. Definitions


“Account” means the details which you register on the Website to enable you to access and to use the Services. The details required are set out at Schedule 1 and Schedule 3.

“Content” means Retailer Content and An Post content.

“Customer Fees” means the fees payable by the Customer to the Retailer for the Goods delivered or to be delivered using the Services.

“the Site” means the Retailer Site

“An Post DSU” means the Local An Post Delivery Service Unit.

“Item” means each Box/Pouch containing Goods for delivery using the Services.

“Label” means the label with the barcode and Retailer ID provided by An Post to the Retailer.

“Local “means the town specified in Schedule 1

“Delivery Address” means the address designated by the Customer to which the Goods are to be delivered.

“Retailer” means the Retailer specified in Schedule 1 availing of the Services

“Retailer Content” means the content placed by the Retailer on the Site.

“Fee” means the fee payable by the Retailer to An Post for the Service.

“the Website” means the e local website owned and operated by An Post

“Order” means an order placed by the Retailer with an Post for the delivery of Goods to a Customer using the Service.

“Customer” means the Customer of the Retailer to whom the Retailer delivers Goods using the Service.

“You” “you” means the Retailer

“Perishable Goods” means types of goods whose quality may worsen or which tend to spoil easily under the influence of changes in climate,temperature,elevation or general environmental conditions or the length of transport. Such goods include but are not limited to flowers, plants and certain types of food.

“US”, “us” means An Post.

2. Registering to use and using the Service


You are required to register with An Post to use the Services and to set up an Account to set up an account you must be 18 years or over and provide the information requested on the Site.

An Post uses the services of a third party payment processor and by registering for and utilising the Services you consent to such third party service provider processing your payment information and related personal data. To view the terms and conditions on which such third party payment processor processes your payment details and other personal data please click on the link below to accept such terms and conditions.

Once you have registered An Post will make the Site available to you to enable you to use the Services.

Your email will be your user name and and you will be asked to create a password. Your username and password will enable you to log on and use the Services on the Site. Once you log on for the first time you will be issued with a Retailer ID.

When you register you must provide truthful, accurate and complete registration information. It is your responsibility to update that information if it changes.

Each registration is for a single Service user only. An Post does not permit anyone other than you to use the Service using your user name and password. An Post does not permit multiple users to access the Service using a single user name and password. You must treat your password and your Retailer ID as confidential and you must not disclose it to any third party. You are responsible for preventing such unauthorised use and for the results of any unauthorised use. If you believe that there has been unauthorised use of your Retailer ID and / or password, you must notify An Post immediately by email at elocal.ie@anpost.ie

Your use of the Site is conditional on your compliance with the provisions set out in the Agreement and in particular, you agree that you will not use the Website or the Site in any manner which is inconsistent with the Website Terms of Use.

The Site may be used to sell and advertise Goods for sale but may not be used to sell Goods to persons under 18 years of age (minors) where the sale of such Goods to minors is prohibited by law.

Your stock must be kept up to date and regular inventories carried out to ensure that stocks of Goods are available to Customers.

You are responsible for ensuring that prices for Goods advertised on the Site are true and accurate and that all prices quoted are the full retail price inclusive of value added and any other relevant taxes.

3. Using the Services


Subject to and in accordance with the terms of this Agreement An Post grants to You a licence to access and to use the Site and to populate the site with Retailer Content for the purposes of availing of the Services.

4. Availability of the Site and the Services


4.1
An Post shall use commercially reasonable endeavours to make the Site and the Services available to you. However, as further specified in clause 8 and to the extent permitted by applicable law, we do not represent or warrant that the Site will be error-free, accurate, reliable, and up to date, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Your access to and use of the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services.

4.2
As further specified in clause 8 and to the extent permitted by applicable law, An Post will not be liable for any loss or damage caused by hacking, a distributed denial-of-service attack, viruses or other technologically harmful material that may infect, damage or affect the use of your computer or similar device, equipment, programs, data or other material due to your use of the Site or otherwise relating to your accessing or downloading of any Content.

4.3
Any of the An Post content on the Site may be out of date at any given time, and we are under no obligation to update such content or to otherwise keep it current.

4.4
You are responsible, at your own cost, for procuring your own equipment, internet access and making all other arrangements necessary for you to have access to the Site.

5. Orders for delivery of Goods


5.1
To place an Order with an Post for delivery of the Goods you must follow the instructions on the Site and

(a) select a Delivery Address all non-unique addresses should contain an eircode
(b) log the Order with an Post
(c) pack the Goods in one of the pre labelled boxes/bags provided by An Post either for collection from your premises by An Post or delivery by you to the DSU for onward delivery to the Customer by An Post. Collection by An Post is only available where Your premises is within 10 km of the An Post DSU

5.2
Goods must always be adequately packed in the box/bag provided by An Post for such purpose and have the Label attached thereto.The Label must be clearly visible at all times.Any Goods submitted for delivery in packaging other than in prelabeled boxes,/bags supplied by An Post shall not be accepted for delivery by An Post. Goods will be delivered in the manner and at the times set out in Schedule 4.

6. Goods Not Accepted for Delivery.


6.1
An Post has certain standard restrictions and prohibitions on Goods it will carry and it is important that you consult the list below prior to using the Service.
The Goods on the list below may not be submitted to An Post for delivery using the Services. Dangerous, poisonous or infectious items, explosives, munitions of war, firearms, corrosives, acids, paint removers, oxidising substances, organic peroxides, compressed, liquidised or dissolved gases (especially butane gas lighters or aerosols), flammable solids or liquids or materials liable to spontaneous combustion, paints, varnishes, dyes, radioactive materials (except under licence), pornography or anything that would cause embarrassment in transit, living creatures, prescribed or dangerous drugs (except under statutory licence), mercury, materials deemed illegal or prohibited by any Government Authority, Perishable Goods, organic or biological materials likely to perish under normal transit conditions IATA restricted articles - such as liquids, Items likely to cause injury to any other Item or person, any other Items that from time to time may have to be added to the foregoing list are prohibited, unless An Post has agreed in writing to carry such Items subject to such conditions as determined by An Post.

6.2
Chilled Goods may be sent using the Services however such Goods are sent at your risk and An Post accepts no responsibility for condition of the Goods on delivery.

7. Liabilities Not Assumed


7.1
(a) An Post is not a common carrier and accepts Items and for delivery only on the condition that it is not a common carrier.
(b) An Post will not be liable for any direct, indirect or consequential loss or damage arising from or caused by:

i insufficient or improper packing or addressing;

ii Items of a prohibited nature as set out in Clause 6

iii failure by the Customer to take delivery


8. Limitation of Liability - Direct Losses in relation to delivery of the Goods.


The liability of An Post for any physical loss or damage to an Item where such loss or damage is caused by an act or omission of An post is limited to € 40 per Item.

9. Intellectual Property Rights


9.1
An Post is the owner or the licensee of all copyrights, trademarks, service marks, logos, database rights and other intellectual property rights, whether registered or unregistered, in or otherwise applicable to the Site, and in the material (which includes all content) published on it. The Site and those materials are protected by copyright, database, trade mark and related intellectual property rights laws and treaties around the world. All such rights are expressly reserved by an Post.

9.2
Except as expressly provided herein, nothing contained herein shall be construed as conferring on you or any third party any license or right, to use or otherwise exploit the Intellectual Property rights in the Site or any of the material (including content) found on the Site without our express prior written consent.

9.3
Save as stated in this clause or as permitted by law, you are not permitted to distribute, modify, transmit, reuse, re-post, use or otherwise exploit material on the Site (whether for public or commercial purposes or otherwise) without a written licence from an Post or its licensors (as applicable).

9.4
You must not modify the paper or digital copies of any material printed or download from the Site and you must not use any illustrations, photographs, video or audio sequences or any graphics that you access on or through the Site separately from any accompanying text.

9.5
The status of An Post (and that of any identified contributors and licensors of An Post) as the authors of material on the Site must always be acknowledged.

9.6
If any materials are printed off, copied , downloaded or used by you in breach of these terms, the licence granted to you to use the Site will cease automatically and immediately and you shall be obliged to immediately destroy, or at the option, of An Post return, any copies of any material so used.

Schedule 3



Financial Provisions


Fees Payable by the Retailer to An Post


The term Order for the purposes of this Schedule means an order placed by the Retailer for the delivery of Goods by An Post as part of the Services provided by An Post or alternatively a click and collect order placed by the Customer on the Retailer Site.

The Fees payable by the Retailer to An Post for Orders placed for delivery by the Retailer or by the Customer (Click and Collect) are as follows:

Fee Per Item Charge
Due for Delivery Monday to Friday €7.50
Due for Delivery Saturday €13.00
Click and Collect €3.50

An Post may from time to time increase, decrease or otherwise change the above fees subject to issuing the Retailer with a minimum of two weeks’ notice of such change. Such notice may be served on the Retailer by way of publication of the notice on the Site.

Fees are payable in the manner set out below;

Payment is made in the following manner. In respect of delivery of goods the bar code on each Label is scanned in the DSU and the Retailer is issued with a bill for the number of Items transmitted using the Service at the end of each month. This bill will also include all Click and Collect transactions arising on the Retailer Site within the month.

The Fees are payable within 30 days of date of receipt of invoice and will be direct debited monthly by An Post to the Retailer bank account nominated on the attached Sepa direct debit mandate form. An Post reserve the right to suspend the Retailer’s use of the Site where for any reason payment of fees is not forthcoming from the Retailer.

Customer Fees.



Customer Fees are paid to An Post on the Site by the Customer by way of credit card or debit card.



Customer Fees are paid to the Retailer by An Post after 14 calendar days of receipt of payment by An Post. Payment is made to the bank account entered by the Retailer as part of the registration process on eLocal.ie.

Customer Refunds.



(1) Authorised by the Retailer within 14 days of the date the original Customer order was placed on the Retailer Site.

Any refunds authorised by the Retailer (by emailing An Post administration), in respect of non-fulfilment or partial fulfilment of Customer orders by the Retailer, or damaged or faulty Goods having been submitted for delivery to An Post by the Retailer shall be deducted from the Customer Fees payable by An Post to the Retailer. Such deduction will only be made where the authorised refund is processed by An Post within 14 days of the date the original Customer order was placed on the Retailer site. An Post will process the refund back to the Customer by refunding the card originally used to pay for the Goods using the Services.

(2) Authorised by the Retailer at any time more than 14 calendar days after the date the original Customer order was placed on the Retailer Site.

All refunds and claims for refunds by the Customer arising after the 14 day calendar period from the date the original Customer order was placed on the Retailer Site are the sole responsibility of the Retailer and An Post assumes no responsibility in respect of such refunds.

Any and all chargebacks arising in respect of Customer Orders processed using the Services are the sole responsibility of the Retailer. An Post will recover all chargebacks from the Retailer, inclusive of fees, either by reducing the Customer Fees due to be paid to the Retailer or by direct debit to the account nominated on the SEPA mandate form.

An Post does not offer a moderation service to either the Retailer or the Customer. All Customer complaints, claims for refunds / damages are the sole responsibility of the Retailer. All chargebacks by Customers are the sole responsibility of the Retailer.

Schedule 4



AN POST DELIVERY


The Delivery Service does not include any Returns Service, Goods delivered by An Post to the Customer will not be accepted from the Customer for return to the Retailer.


The term “DSU” means the Local An Post Delivery Service Unit.

Delivery of the Goods to the Customer may be by;


(A) Click and Collect

The Customer orders Goods on the Site and either makes payment on the Site for the Goods ordered or pays the Retailer directly for the Goods ordered and in each case chooses not to avail of the Delivery Service and collects the Goods directly from the Retailer. When using Click and Collect both the Retailer and the Customer are expressly precluded for arranging for delivery of the Goods to the Customer on a commercial basis by any third party. (Goods to be collected personally by the Customer or for and on behalf of the Customer on a non-commercial basis only)


(B) An Post Delivery

The Customer orders Goods on the Site and makes payment on the Site and the Retailer arranges for delivery of the Goods using An Post Delivery.


(C) Deliver Only.

The Customer purchases and pays for the Goods in store and the Goods are delivered to the Customer using An Post Delivery.


An Post Delivery

The Retailer arranges for the Goods to be delivered to An Post for onward delivery to the Customer by choosing one of the following options;

Prior to delivery An Post shall contact the Customer by telephone on the number provided by the Retailer, after 8 am on the morning of delivery informing the Customer of the expected delivery time and seeking instructions from the Customer as to the procedure to be followed if the Customer is not in a position to accept delivery.

A Post is obliged to attempt to deliver the Goods on one occasion only.

Delivery shall be deemed to have been successfully completed once delivery is acknowledged by signature of the Customer or its agent or the delivery to the local DSU where the same has been designated as the delivery point by the Customer or delivery to the “safe location” nominated by the Customer.

If An Post is unable to execute delivery of any Goods due to the fact that the Customer is unable or unwilling for whatever reason to accept delivery the following provisions shall apply