TERMS & CONDITIONS OF USE VENDOR

The purpose of this multi-vendor platform is to provide a space for businesses based in Ireland to sell their products. The platform is provided by Vemucon Limited trading as www.shopinireland.ie (“the Company”). The use of this Site by you is strictly governed by these Terms of Use (“the Terms”). Please read the Terms carefully before using the Site, as they contain important information about your rights and obligations. If you have any questions, please contact us. By accessing, viewing and otherwise using the Site you agree that you have read, understood and become bound by the Terms. If you do not wish to be bound by the Terms, you may not use the Site.

1. Vendor Entity Requirements

1.1    Vendor must be aged 18 years and upwards.
1.2   Vendor business must be based on the island of Ireland. Vendor profile will require you to enter your business address which should be based in the Republic of             Ireland or Northern Ireland.

2. The Vendor shall have the following obligations; 

2.1. Register as a Vendor on www.shopinireland.ie

2.2. To provide accurate and up to date business contact information.

2.3. Each Vendor is requested to complete a small biography/description of your business. This will add a more personal element to this website and help to build the local community atmosphere.

2.4. To accurately represent their product, to keep the product listing up to date and to fully comply with the Sale of Goods and Supply of Services Act.

2.5. To acknowledge pending orders through the Vendor Dashboard within 24 hours of receiving the order.

2.6. To update the status of the order at every step to ensure the customer is kept updated with the purchase progress. 

2.7. Update the order status when the product has been shipped  and include (where relevant) a shipping reference number for tracking by the customer. All completed orders should be marked completed on the Vendors order list.

2.8. To respond to any Support Requests received from Customers. Professional and respectful language must be used at all times when dealing with customers. Abusive language will not be tolerated and may lead to your account being disabled by www.shopinireland.ie

2.9. To complete the purchase of any goods via our website where the customer contacts you via our website and/or facebook group. Any links referring customers to purchase the goods on your own personal website will be removed. Repeated breaches of this term, may lead to the vendor account being deactivated without further notice to the Vendor. 

2.10. To comply with the buyer terms of sale at https://www.shopinireland.ie/terms-and-conditions-of-sale-buyer/ at all times.

2.11. To comply fully with e-commerce and distance selling regulations at all times, in addition to any Irish and EU regulations which apply to the sale of goods in any form, as may exist from time to time.

3. Product Upload Requirements

3.1. Products being sold do not have to be handmade or manufactured in Ireland. However, if the products are imported, they must be sold by an Irish business.

3.2. Each product being sold must be accompanied by at least one Main image which will be the cover image viewable by the customer. It must be an image taken by the Vendor of the item for sale and Vendor must own the rights to that image. No stock images will be accepted.

3.3. Products must have price listed.

3.4  Product search on the homepage searches for keywords in product name and in product short description. Your short description must be completed to include these keywords. 

3.4  Products must be assigned a maximum of two categories. Shopinireland.ie reserves the right to reallocate categories as deemed appropriate. 

4. Prohibited products

4.1. The following products are prohibited;

  • Tobacco, medical drugs or drug paraphernalia
  • Products of a pornographic or sexually graphic nature
  • Illegal/banned substances or products, any item that promotes illegal activity.
  • Items that promote violence
  • Any item that promotes discrimination in any form.
  • We don’t allow listings or products advertising multi-level marketing programs, matrix, pyramid, Ponzi schemes. This includes any business where you receive income from your own sales and income from your recruited members. · Further items to be determined by www.shopinireland.ie

4.2. In the event that any prohibited products listed for sale, you may be automatically suspended from using our website at our discretion.

5. Sale of Alcohol 

5.1. Any Vendor who wishes to sell alcohol on www.shopinireland.ie must ensure that they have a valid licence to do so. Examples: Full Off Licence, a Publicans Licence,         a Wine Retailers On Licence or a Wine Retailers Off Licence or other.

5.2. All Vendors must comply in full with all legislation controlling the sale of intoxicating liquor, to include but not limited to, the Intoxicating Liquor Act 2008,                      Intoxicating Liquor Act 2003, Intoxicating Liquor Act 2000, the Licensing Act 1872 together with any and all Regulations regarding Distance Selling and the sale of              Alcohol online.

5.3. The Vendor must ensure that the transaction for the sale of alcohol takes place at the licensed premises.

5.4. The Vendor must show he is in control of the delivery and that proper methods are used to ensure that the actual person who bought the alcohol takes delivery of it         and that the buyer must be over 18 years old. Failure to do so is a criminal offence.

5.5. Delivery of alcohol is restricted to those time and days when alcohol is permitted to be sold in physical premises for consumption off the premises.

5.6. Failure to comply with any of the above provisions will lead to the Vendor account being deactivated by shopinireland.ie without prior notice to the Vendor.

6. Coupons/Discounts

Vendor may allow discounts if multiple products are purchased together. This is fully at the discretion of the Vendor and can be controlled through the Vendor Dashboard.

7. Stripe Payments

7.1. All Vendors will be required to set up a Stripe Account when setting up their Vendor account on www.shopinireland.ie. This payment provider will fully facilitate and         automate the purchase transaction from beginning to end. ShopinIreland.ie is not affiliated with Stripe. 

7.2. Once a customer purchases an item, the Vendor will immediately receive the nett balance of the purchase amount and shipping costs, less the commission fees and        Stripe transaction fee. This will be instantly viewable by the Vendor on his Stripe Dashboard. Payouts to the Vendors business or personal bank account will also be          automated by Stripe through their Stripe account.

7.3. Transaction fees will be charged by Stripe at the point of sale and will be automatically deducted from the amount being deposited to the Vendor Stripe Account. 

7.4. For a detailed breakdown of Stripe charges please visit https://stripe.com/ie/pricing

7.5. The Vendor shall be responsible for their own VAT charges, payments and all matters associated with VAT relating to the sale of their goods.

8. Fees

8.1. SUMMARY OF CHARGES FROM 1ST OF FEBRUARY 2021

Listing Fees Per Product

No Fees per listing – You can list an unlimited number of products for sale

ShopinIreland.ie Commission

5% commission paid at point of sale.

Commission not charged on shipping costs.

Stripe Fees per Transaction

1.4% commission charge & €0.25 on payouts for European cards.

For more information on stripe charges go to  https://stripe.com/ie/pricing.

 

Monthly Subscription fee

7.99 plus VAT @23% = 9.83 per month

8.2. There will be no listing fees chargeable to Vendors.

8.3. A commission of 5% of the total sale price (excluding delivery) will apply on any sales made by the Vendor via our website. When you make a sale through our website, our payment provider Stripe will automatically deduct our 5% commission and their Stripe fees from the purchase price and you will receive the Nett Payment in your stripe account. 

8.4. There will no limit to the products that a Vendor can upload to www.shopinireland.ie 

8.5. In an effort to keep commission fees as low as possible, www.shopinireland.ie have introduced a monthly subscription charge of €7.99 plus VAT @23% = €9.83 per month. Please read the full terms below:

8.5.1 Subscription Terms

Subscription Price €9.83 (7.99 plus VAT 23%) per month

  • Subscription Service

We are offering a rolling month by month subscription service for €7.99 plus VAT at 23% per month. Each Seller (Vendor) can upload an unlimited number of products to ShopinIreland.ie for sale to the general public. Subscription entitles each vendor to exclusive access to advertise on our Facebook group of the same name ShopinIreland.ie. (one post every 3 days max)

  • How payment is to be made:

Payment will be made by way of credit card or debit card. Monthly Payment will be automatically deducted from the Vendors card every month on the same date that they subscribed. You must choose to opt out through your dashboard to avoid future payments being deducted.

  • Recurring Payments 

You warrant that in using the online payment facility you are authorised to use the debit or credit card for the payment or payments you are making. You are authorizing the deduction of the subscription cost amount from your credit/debit card on a recurring basis (monthly). If the card supplier declines payment, we are under no obligation to bring this fact to your attention. It is your responsibility to check with the Card Supplier that payment has been deducted from the debit or credit account. ShopinIreland.ie will not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, depict or any other legal theory and whether or not advised of the possibility of such damages. You agree that there will either be sufficient availability under the credit card limit or sufficient funds in the debit card account to make the recurring card payments when they fall due under the instalment terms. If a recurring card payment ShopinIreland.ie will make subsequent attempts at collection.

  • Minimum Duration

of Subscription The minimum duration of the subscription is one calendar month

  • If I sign up to the Subscription but later want to cancel, how do I do it? 

Each Vendor will be given the option on their Vendor dashboard to cancel their subscription. Once cancelled, the Vendors account will remain live and active for selling for the remainder of the subscription period that they have paid for. Once this subscription period lapses, their account will be deactivated for selling.

  • Will I get a refund for the remainder of the month if I cancel during my subscription period?

No refunds will be given if a vendor chooses to cancel their subscription in the middle of an active subscription period. All accounts will stay live for selling until the subscription period lapses, at which point the vendor account will be deactivated.

  • My vendor accountis deactivated but I still have some orders I need to fulfill. 

If a Vendor has any outstanding orders by the time their subscription period lapses and their account is deactivated, they will still have access to log into their account and retrieve the order information. Deactivation simply means that they are deactivated from selling further. All Vendors still have access to log into www.shopinireland.ie Vendor Dashboard to see all of their previous order and sales information. Once all orders have been fulfilled, each Vendor should notify info@shopinireland.ie for our records.

  • Cost of Communication & After Sales

Customer Service There is no charge for aftersales services. Each Vendor can email info@shopinireland.ie at any time with their vendor account queries and customer service team will be in touch to assist with any queries they may have.

9. Shipping

Each Vendor is required to set their own shipping costs through their Vendor Dashboard. The Vendor is fully responsible for arranging for the shipping and delivery of the product. The Company will have no responsibility for same. It is important that you represent accurate shipping timeframes, including providing a tracking link to each customer (where applicable). Once a product has been shipped, the Vendor must mark the order as completed. This will send automatic email to the Customer to notify them that the package has been sent.

10. Refund, Returns and Cancellation Policy

10.1. Each Vendor is responsible for creating their own refund, returns and cancellation policy. The Vendor will comply with the Buyer Terms of Sale and all e-commerce          regulations in this regard.

10.2. All returns or refund requests will be dealt with directly between the Vendor and the Customer through the Customer and Vendor Dashboard, Support Section.

10.3. If the customer wishes to request a refund or return of the item, they will contact the Vendor directly through the Support section on the Vendors dashboard.

11. Vendor Misconduct

11.1. Failure to deliver the products to the customer or repeated complaints against a Vendor may lead to www.shopinireland.ie disabling the Vendor Account without              further notice.

11.2. Professional and respectful language must be used at all times when dealing with customers and with ShopinIreland.ie staff. Abusive language will not be tolerated         and may lead to your account being disabled by www.shopinireland.ie without further notice to you.

12. Reviews and Testimonials 

12.1. The Company does not moderate reviews. Reviews can increase your ability to sell the product by enabling the Purchaser to see the quality and nature of your product. You have the option to enable or disable reviews. You are on notice however that we do not moderate negative reviews. Reviews are permitted at your own risk. You may submit a complaint to the Company in respect of a particular review which the Company may or may not delete, acting reasonably.

12.2. With regard to reviews, the Company is granted by the Buyer a non-exclusive royalty free licence to use any of the reviews provided by customers and any responses thereto on its website, newsletters, catalogues, emails or other customer communications or materials or for any other marketing purposes. The Company will have no obligation to pay any party for use of this reviews.

13. Disclaimer

13.1. Content and information on the Site is for general information purposes only and does not constitute advice of any kind or nature whatsoever. You should not assume that the content on the Site is continuously updated or otherwise contains current and/or accurate information. www.shopinireland.ie makes no warranty or representation as to the accuracy of any information or content contained on the Site.

13.2. While every effort has been made to ensure the accuracy of all material and information on this Site, the Company makes no representation or warranty, express or implied, concerning any material, content and information on this Site whatsoever and the site is provided “as is”. www.shopinireland.ie expressly excludes all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of this Site or any information provided through this Site.

13.3. This Site including all its contents has been prepared to the best of our knowledge and is subject to change. This Site is only intended as a general guide to www.shopinireland.ie, our services and our activities. www.shopinireland.ie shall have no liability for any omissions, inaccuracies or errors contained in the site whatsoever.

13.4. Any use of the Site that is fraudulent or is in conflict with these Terms shall entitle us to refuse you access to the Site itself, and activities offered and arranged by us. 13.5. The Company shall not be liable for any indirect or consequential loss, or for any direct or indirect loss of any kind, including loss of profit, data, opportunity or reputation, or any other incidental, punitive, special, exemplary loss or damage howsoever arising from the use of (or failure to use) or reliance on the Site.

13.6. This limit does not apply to any liability we may have for death, personal injury or resulting from any negligent or fraudulent misrepresentation or in any other manner in which we are not permitted to exclude liability under applicable law.

13.7. The disclaimer in this section shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.

14. Photographs and Illustrations

We provide pictures, photographs and other illustrations on the Site for the purposes of giving you a depiction activity on our platform, goods and services. These pictures, photographs and other illustrations are for information purposes only and www.shopinireland.ie makes no representation or warranty, express or implied in respect of them, including but not limited to their accuracy.

15. Intellectual Property and Materials

15.1. You agree and acknowledge that all intellectual property including but not limited to, copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future in and relating to the Site, www.shopinireland.ie (the “Intellectual Property”) belong and shall belong exclusively to the Company.

15.2. You may not copy, reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trade marks, names or logos of third parties are the property of their respective owners and www.shopinireland.ie makes no representation or warranty in connection with same. Nothing on this website or contained in these terms shall constitute a licence to use the Intellectual Property.

15.3. The design of the Site, text, graphics, photographs, content and software thereof are copyright of the Company.

15.4. You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the website, your breach of these terms of use, and/or the terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

16. Third Party Links

16.1. The Site may contain links to other websites. The Company makes no warranty or representation regarding any content or use of third party websites. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

16.2. If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. The Company makes no representation or warranty whatsoever about any other website which you may access through the Site.

16.3. The Company is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.

16.4. If you would like to create a link to this website, you may only do so with our prior written consent.

16.5. We reserve the right to display advertisements on the Site and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.

17. Complaints

If you have a problem with any matter relating to our Site, you might please contact us at info@shopinireland.ie . We will endeavour to resolve any complaints or issues in good faith. In the

alternative, we will provide you with the right to cancel or withdraw from your subscription as a Vendor on our platform.

18. Limitation of Liability

The Company shall have no liability to you in respect of any matter relating to any order for goods by a customer to you or otherwise in connection with the website, save such items as arise due to the negligence or breach of duty or statutory rights by the Company. We will not under any circumstances be liable to you by reason of any dispute with any customer whatsoever. We do not seek to exclude any liability for fraudulent misrepresentation by us, our employees or agents or otherwise as restricted under applicable law.

19. Law and Regulations 

For the avoidance of doubt, the Company is multi-vendor platform to facilitate the sale of goods and services. The Company therefore has no responsibility or obligation to comply with the e-commerce regulations, sale of goods legislation or regulation, or intellectual property legislation in respect of the sale of any goods on its website. It is the responsibility of the individual Vendor to comply with any provisions of all applicable law in relation to the sale of its goods via our website and the Vendor hereby indemnifies and agrees to keep indemnified the Company against all claims, costs, expenses, loss or damage arising on foot of any issue of non-compliance or otherwise in respect thereof.

20. General

20.1. These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Site.

20.2. We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.

20.3. We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.

20.4. If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

20.5. We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party without notice to you.

20.6. We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

20.7. We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. We give no warranties as to the availability, performance or accessibility of the website.

20.8. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other internet connected device. Any such action will constitute a breach of these terms of use and the Company reserves its position in this regard.

20.9. We may at any time suspend or terminate your use of this website without notice to you if you fail to adhere to these terms of use, or the privacy policy, or our terms and conditions of sale.

Copyright (c) Shopinireland.ie November 2020