These Terms & Conditions relate to items purchased online from this website.
1. Information About Us
1.1. www.ims.ie is an internet site operated by SMB Print Limited trading as IMS Labels and IMS International. SMB Print Limited trading as IMS Labels and IMS International is registered in the Republic of Ireland under company number 110338 with our registered office in the Republic of Ireland at Unit 53, Bracken Road, Sandyford Business Estate, Dublin 18, Ireland. Our Republic of Ireland VAT number is IE 4803653J. IMS International is registered in the UK at Wira House, P.I. Box 210, Kirk Ella, East Yorkshire, Going forward each entity is referred to as ‘we’. Our email address is: email@example.com
2. Service Availbility
2.1. We generally accept orders from corporations or individuals in the UK, European Economic Area ("EEA") (the "Serviced Countries") USA, Canada, Australia, New Zealand and United Arab Emirates. Some restrictions are placed on the extent to which we accept orders from other specific countries. These restrictions can be found on our delivery page.
3. Your Status
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
4.3. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
4.4. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. Availability and Delivery
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances which are outside of our control.
6. Price and Payment
6.1. The price payable for the Products shall be as shown on the Website. The prices displayed on the Website include ROI VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
6.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
6.3. Prices are subject to change without notice but changes will not affect orders which we have already accepted.
6.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
6.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO, ELECTRON. We also accept payments via PAYPAL.
6.7. The cost of products and services may fluctuate. All prices advertised are subject to such changes.
6.8. Only one promotion code can be used per order.
7. Our Refund Policy
7.1. For details on refunds, please refer to our Returns Policy.
8. Our Liability
8.1. If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
8.1.1. make good any shortage or non-delivery or incorrect delivery; or
8.1.2. replace or repair any Products that are damaged or defective; or
8.1.3. refund to you the amount paid by you for the Products in question.
8.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
8.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
8.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
8.5. Nothing in this contract shall exclude or limit your statutory rights.
8.6. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
9.1 You agree to indemnify, defend and hold harmless SMB Print Limited, 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 breach of these 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.
10. Import Duty
11.1. If you order Products from our site for delivery outside ROI, UK or EEC, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Events outside of our control
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
11.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.2.1. Strikes, lock-outs or other industrial action.
11.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.2.5. Impossibility of the use of public or private telecommunications networks.
11.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
11.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12. After Sale Service
12.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org
12.2. If you have any complaints these should be addressed in writing to IMS Labels, Unit 53, Bracken Road, Sandyford Business Estate, Dublin 18, Ireland.
13. Default or Insolvency of Customer
13.1 In case of (a) breach by the customer of any of the terms and conditions of a contract or thier part or to be performed or observed and such breach remaining unremedied for 7 days following written notice by IMS Labels specifying such breach of (b) the customer becoming bankrupt or commiting any act of bankruptcy or (in case of a Company) going into liquidation or being wound up, IMS Labels shall be at liberty without prejudice to any other rights that IMS Labels may have forthwidth or any time thereafter (by notice in writing to the customer in the case of (b) above) to determine the contract and to seize and retake possession of the equipment and/or printed goods and for that purpose to enter on the premises where the equipment and/or printed goods shall be located without being liable for any damage thereby occasioned and the customer shall indemnify IMS Labels against any claim or demand made against IMS Labels in respect of such damage.
14. Reservation Of Title
14.1 The property in the goods supplied shall remain in the Seller until the Seller has received payment in full for all sums due and owing on any account whatsoever by the Buyer to the Seller.
14.2 If the Buyer shall sell or otherwise dispose of the goods before payment in full has been made to the Seller the Buyer shall in such case act on his own account and not as an Agent for the Seller and shall hold all monies received by him from such sale or disposal in trust for the Seller and shall on request furnish the Seller with the name and addresses of the persons to whom such disposals habe been made together with all necessary particulars to enable the Seller to recover any outstanding sum due from such persons.
14.3 So long as the property in the goods shall remain in the Seller, the Buyer shall hold the goods as Bailee for the Seller and shall store the goods so as to clearly show them to be the property of the Seller and the Seller shall have the right, without prejudice to the obligations of the Buyer to purchase the goods, to retake possession of the goods and for that purpose to go to enter upon any of the premises occupied by the Buyer.
14.4 Nothing in this Clause shall confer any right upon the Buyer to return the goods. The Seller may maintain an action for the price notwithstanding that the property in the goods shall not have vested in the Buyer.
15.1 If any question, dispute or difference whatsoeer shall arise between IMS Labels and its customer upon, in relation to, or in connection with, a contract either party may give the other notice in writing of the existence of such question, dispute or difference and same shall be referred to the arbitration in Dublin of a person mutally to be agreed upon or failing agreement of some person appointed by the President for the time being of the Law Society, Dublin, The Republic of Ireland.
16.1 Any notice to be given under the terms of these Conditions of Sale shall be served by sending the same to the other party's last known place of business or in the case of a company to the registered office and such notice shall be deemed to have been received by the party to whom it was addressed in the normal course of post.
17. Entire Agreement
17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).