Terms and Conditions

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WEBSITE TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.edubills.ie (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should save a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" before placing any order if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

1.              Information about us

www.edubills.ie is a site operated by Edubills Limited (we).  We are registered in Ireland under company number 483286 and with our registered office at Docklands Innovation Park, 128-130 East Wall Road, Dublin 3. 

 

2.              Your status

By placing an order through our site, you warrant that:

(a)        You are legally capable of entering into binding contracts; and

(b)        You are at least 18 years old.

 

3.              How the contract is formed between you and us

3.1           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 acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms that your offer has been accepted (the Acceptance Confirmation).  The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation. 

3.2           The Contract will relate only to those orders we have confirmed in the Acceptance Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the acceptance of the order of such other Products has been confirmed in a separate Acceptance Confirmation.

 

4.              Our status

4.1           Please note that in some cases, we accept orders as an agent on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller.  You should carefully review the terms and conditions of such third party seller(s) applying to the transaction.

4.2           We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that products and/or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller. 

 

5.              Consumer rights

5.1           If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after the Products have been distributed by the school in accordance with clause 6 below.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). 

5.2           To cancel a Contract, you must inform us in writing and we will inform you of the address to where the Products should be returned by you. You must also return the Product(s) to us, or to such other address as we may advise you, immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

6.              Availability and delivery

6.1           Your order will be fulfilled by the delivery of the Products to the relevant school and the school shall be responsible for informing you when the Products are available for collection.

6.2           The Products will be delivered to the relevant school packaged and/or labelled in such a way so that the school in question may distribute the Products to the appropriate pupil(s).  The relevant school shall be responsible for distributing the Products to the appropriate pupil(s) or to someone else, whom you may nominate, on your behalf.

 

7.              Risk and title

7.1           The Products will be at your risk from the time of delivery to the relevant school.

7.2           Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.

 

8.              Price and payment

8.1           The price of any Products and any additional fees will be as quoted on our site from time to time, except in cases of obvious error.

8.2           Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

8.3           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.

8.4           We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.5           Payment for all Products must be by credit or debit card. 

 

9.              Our refunds policy

9.1           When you return a Product to us:

(a)        because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost paid by you of sending the item to you, if any.  However, you will be responsible for the cost of returning the item to us.

(b)        for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges paid by you, if any, for sending the item to you and the cost incurred by you in returning the item to us. 

9.2           We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

10.           Our liability

10.1        We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

10.2        Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.

10.3        This does not include or limit in any way our liability:

(a)        For death or personal injury caused by our negligence;

(b)        For fraud or fraudulent misrepresentation; or

(c)        For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4        We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a)        loss of income or revenue

(b)        loss of business

(c)        loss of profits or contracts

(d)        loss of anticipated savings

(e)        loss of data, or

(f)          waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.

10.5        Where you buy any Product and/or service from a third party seller through our site, the seller's individual liability will be in accordance with the seller's terms and conditions.

 

11.           Activities Provided through the School and other Services

11.1        Our site may facilitate you where you wish to pay for activities provided through the relevant school, including, but not limited to, sports and activities, attendances at events, school trips, tours, coaching of any description, participation in music, dance, theatre, speech and drama or any other matters, or matters related to the curriculum or in any instance where a school may seek payment, either voluntary or obligatory, of money to it, either for itself or on behalf of any other party, or to a third party. 

11.2        You acknowledge that our role in regard to the matters set out in 11.1, or other similar matters, is strictly limited to facilitating the payment by you of money to third parties and that we neither vouch for, warrant or accept any responsibility or liability whatsoever in connection with the delivery or non-delivery of such services and your contract shall at all times be with the school and/or the person to whom such money is being paid and shall be upon such terms and conditions as may be agreed between you.

 

12.           Written communications

Applicable laws may require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

13.           Notices

All notices given by you to us must be given to Edubills Limited at its registered office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.  Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

14.           Transfer of rights and obligations

14.1        The contract between you and us is binding on you and us and on our respective successors and assigns. 

14.2        You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

14.3        We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

15.           Events outside our control

15.1        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). 

15.2        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:

(a)        Strikes, lock-outs or other industrial action.

(b)        Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)        Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)        Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)        Impossibility of the use of public or private telecommunications networks.

(f)          The acts, decrees, legislation, regulations or restrictions of any government.

15.3        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.

16.           Waiver

 

16.1        If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2        A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3        No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

 

17.           Intellectual Property

17.1        You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to our site (hereinafter referred to as "Intellectual Property") are solely owned by Edubills Limited.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property.

17.2        All website design, text, graphics, the selection and arrangement thereof and all software are copyright material of Edubills Limited. ALL RIGHTS RESERVED.

 

18.           Data protection

18.1        We purchase certain Products including, but not limited to, schoolbooks which third parties and we arrange for such Products to be labelled with pupils’ names and delivered to the relevant schools and in such circumstances we may disclose the personal data to the third party seller.  You acknowledge that you have the requisite consent, if any, required to provide us with such personal data as are required to facilitate performance of this Contract.

18.2        You acknowledge and agree that details of the name of the child for whom or on whose behalf an order is made, your name, your address and your payment record may be transmitted by us to a third party supplier but only to the extent required in order to facilitate performance of this Contract.

 

19.           Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20.           Entire agreement

20.1        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 any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

20.2        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.

20.3        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.

 

21.           Our right to vary these terms and conditions

21.1        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. 

21.2        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 Acceptance 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).

 

22.           Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.