Scope

ShopNearBuy (Dublin, Ireland) created and owns this site www.ShopNearBuy.ie for Your use to provide an on-line eCommerce service. Your access and use of this site are subject to these terms of use (TOU). By accessing or using this site You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU or you are aged under 18 years of age, You must not attempt to access or use this site. If You are using this site on behalf of Your employer You represent and warrant that You have the authority to act on behalf and bind Your employer to these terms of use.

Changes and notices

ShopNearBuy reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of this site at any time. ShopNearBuy may notify You of any changes to this TOU, the site via email, or by updating the TOU which can be viewed via the Terms link on this site.

Uploaded information

All uploads by You into this site shall be at Your own risk and ShopNearBuy takes no responsibility for the use or misuse of any such uploaded information by any user of this site. You further agree that ShopNearBuy shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content or services available on this site and/or through any links to 3rd party sites. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message or posting to any forum, wiki, or blog on this site e (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content

Copyright policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder rights. You agree that You will not use this site to infringe the Intellectual Property Rights of ShopNearBuy or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of the software or any Content accessed on the site.

Service provider

ShopNearBuy does not become party to an agreement between You and any 3rd party including but not limited to nominated retailers, delivery organisation(s), consumers or any other parties but only provides the site as a service/infrastructure provider. ShopNearBuy does not interfere with the contractual relationship between You and such 3rd parties and in case of conflicts You agree to solve any conflicts or issues with the relevant 3rd part

RETAILER

Your information, privacy, and data protection

You are solely responsible to provide Your complete, true, and current information about your shop and your items for sale (including prices, picture) and to keep Your information accurate and up to date. You will not include in your items for sale any items which are prohibited or You are not legally allowed to sell or any items which ShopNearBuy deem to be unsuitable for sale. If You wish to include alcoholic items then You must have a valid licence to do so and You must also comply in full with all legislation controlling the sale of intoxicating liquor.

You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that ShopNearBuy collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the services subject to ShopNearBuy’s Privacy Statement. You agree that ShopNearBuy may access, preserve and disclose Your account information and/or Content if required to do so by law or to:

comply with a legal process;
respond to claims that any content violates the rights of third parties or
protect the rights, property or personal safety of ShopNearBuy, Users, and the public.

You (as a retailer) understand that ShopNearBuy will use your shop details to include in a list of retailers presented to the consumer in order to help consumer select a retailer to place an order.

Order fulfilment

You will look after all aspects of fulfilling the orders provided to You by ShopNearBuy to the consumer and responding to any support requests from consumers in a professional manner.
You will comply fully with recognised e-commerce 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.

Delivery, returns, cancellations

You are required to set up your own preferred delivery options including rules for calculating the applicable charge to be added to the order for payment by the consumer. You are fully responsible for arranging for the shipping and delivery of each order. It is important that You provide consumer with accurate shipping timeframes, including updates, ideally by means of a tracking link to consumers (where applicable). Once a product has been shipped it is expected that You mark the order as completed.

ShopNearBuy may – in some locations – collaborate with a 3rd party same-day delivery organisation who can provide a same-day delivery for those orders where you request a same-day delivery service. You are under no obligation to use this same-day delivery service and You may elect to use whatever delivery means you prefer including collection by consumer from your premises.

You are responsible for managing returns, cancellations and refunds. If the consumer wishes to request a refund or return of the item, they will contact You directly. All returns or refund requests will be dealt with directly between You and the consumer. (see Consumers rights below under this agreement)

Failure by You to deliver the products to the consumer or repeated complaints against You may lead to ShopNearBuy terminating your participation without further notice.

Applicable fees

Access and use of this site may (but not necessarily) give rise to fees being applied. No fees apply to the following actions within the site:

provision by ShopNearBuy of a website to You
provision by ShopNearBuy of eCommerce functionality to You
Registration by You
Configuration, settings and data uploads by You

Fees will apply to the retailer only for the following action:

Any orders being successfully processed on your individual ShopNearBuy site by any consumer where the value of that order exceeds zero.

Uploaded information

Unless otherwise agreed in writing the fees charged by ShopNearBuy are calculated on the following basis of a Per order charge of 8% of the value of all order lines EXCLUDING any shipping charges PLUS any applicable tax. Separate to ShopNearBuy fees the processing of credit card payment attracts a fee of approx 1.5% of the total order value (including any shipping charges).

Payment of Fees by retailer

ShopNearBuy shall automatically collect the calculated applicable fees from You as orders are successfully processed. Failure to pay these invoiced fees may result in ShopNearBuy terminating this service to You. In the event of You ceasing to use or terminate this service then you shall pay to ShopNearBuy (1) any outstanding un-paid invoices issued to you and (2) any un-invoiced fees relating to orders processed prior to termination.

Contact Information

You agree to keep Your contact information up-to-date.

CONSUMER

Your information, privacy, and data protection

You are solely responsible to provide Your complete, true, and current user information and to keep Your user information accurate and up to date. You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that ShopNearBuy collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the services subject to ShopNearBuy’s Privacy Statement. You agree that ShopNearBuy may access, preserve and disclose Your account information and/or Content if required to do so by law or to:
comply with a legal process;respond to claims that any content violates the rights of third parties or
protect the rights, property or personal safety of ShopNearBuy, Users, and the public.
Orders
All orders processed through the Website are lodged directly with the registered retailer on our site. When You process an order, you enter into a contract directly with the retailer for the provision of the goods. ShopNearBuy is not a party to this contract.

Delivery

In the event that there is an issue with delivery, You must liaise directly with the retailer. The retailer is solely responsible for delivery and will use their utmost care and diligence in accepting and processing orders to deliver same to your designated address.

Cancellations & returns

In accordance with statute and regulation, you may cancel or return your order at any time prior to delivery of the products to you and for a period of 14 (fourteen) days after the delivery of the products to you without any reason. In that event, you must notify the appropriate retailer of your cancellation and arrange to return the products to them no later than thirty days after notifying them of your cancellation. The cost of returning such goods is a matter for You

In the event that You cancel your order, the retailer will refund to You the total amount paid by you in respect of the product together with the standard delivery charge on receipt of the goods from you. If You have not yet received your order, then the retailer will be obliged to refund the amount paid within 30 days together with the standard delivery charge. The retailer shall reimburse You using the same means of payment as used for the initial transaction.
For the avoidance of any doubt, ShopNearBuy does not process payments on behalf of any consumer or retailer. Accordingly, ShopNearBuy does not issue refunds directly. You must liaise with the particular retailer with regard to any potential refund.

In the event that You cancel your order and return goods to the retailer you are obliged to take reasonable care of the goods prior to returning them. You are also liable for any reduced value of the goods resulting from reasonable handling of them. In the event that there is damage to the goods on return from You, the retailer is entitled to withhold such portion of the refund due to You.

Complaints

If you have any problem with the service provided to You by a retailer or any product which you purchase, we recommend that you contact your retailer directly. If the retailer does not respond to your complaint, please contact us and we will endeavour to assist you. For the avoidance of doubt however the matter of cancelation of the contract or any refund or dispute in respect of the product must be dealt with directly with the retailer with whom you have entered into the contract for the sale of the goods.

Applicable fees

No fees apply to the following actions within the site:

Registration by You
Configuration, settings and data uploads by You
While the consumer must pay the retailer the value of each order placed by a consumer on a retailer there are NO
fees charged by ShopNearBuy to the consumer for use of this service.

GENERAL

Termination and accountability

In the event You are in material breach of these TOU ShopNearBuy may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of this site. ShopNearBuy may remove any Content posted on this site at ShopNearBuy’s sole discretion. ShopNearBuy shall not be liable to You or any third party for any termination or change to this site. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of this site or other Users computer system, ShopNearBuy may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws. You agree not to use this site to:
publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
impersonate any person or entity, including, but not limited to, a ShopNearBuy official, ShopNearBuy employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
download any file or Content posted by another User that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
promotes the use of alternative similar and potentially competitive sites (including owned or controlled by you)
interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
violate any applicable local, state, national or international law and any regulations;
harvest, collect, or store personal information or data of other site users.
copy, modify or store derivative works of this site or any related technology
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology or part thereof.

Indemnity

You agree to indemnify and hold ShopNearBuy, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Content or Your usage of the site or services, Your breach of this TOU or ShopNearBuy’s Copyright or Privacy Statements or Your alleged violation of any other rights of a third party.

Exclusion of software warranties

This site, content, and Services are being provided to You AS IS. To the fullest extent allowable by law, ShopNearBuy does not guarantee or warrant any features, qualities, or availability of the site, Content, or Services or give any undertaking with regard to any other quality. In particular, ShopNearBuy does not warrant that the site is available without interruption or on a permanent basis. ShopNearBuy does not warrant that You (as a retailer) will receive any specific level of orders placed by consumers. ShopNearBuy does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on this site, or the content obtainable on such web-pages or (ii) information provided by third parties on this site. ShopNearBuy will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication may remove the respective link and/or information. ShopNearBuy shall not be liable for damages caused by the use of the content and/or information.

Limitation of liability

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SHOPNEARBUY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SHOPNEARBUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE, SOFTWARE, OR SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SHOPNEARBUY SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THIS SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE SITE
ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SHOPNEARBUY AND IN CASE OF SHOPNEARBUY’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

Applicable law

This site is created and controlled by ShopNearBuy in Ireland. Therefore, the laws of Ireland will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

Survival

Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or ShopNearBuy’s written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.

Waiver and Severability

The failure of ShopNearBuy to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby