This User Agreement applies at the time of its acceptance by users who register for a Shopnet account.
The following describes the terms on which Shopnet offers you access to our services.
In this Agreement, unless the context clearly indicates otherwise the following words and expressions shall have the meaning ascribed:
1.1 Shopnet will mean Peak Eastwell Trading Ltd. t/a: Shopnet
1.2 “Shopnet.ie” and “the website” will refer to the website and the service therein provided.
This User Agreement, the Shopnet Privacy Statement, and all policies posted on our sites set out the terms on which Shopnet offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here. All policies, including the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
In using our site Shopnet.ie you are entering into a contract with Peak Eastwell Trading LTD, Eastwell, Cappataggle, Ballinasloe, Co. Galway. H53 KV08.
Shopnet.ie is a marketplace that allows users to purchase products from a variety of different retailers.
Shopnet does not have possession of anything listed or sold through Shopnet.ie and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
Shopnet does not review users' listings or content. While we may help facilitate the resolution of disputes, Shopnet has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers authorize Shopnet to automatically charge fees from payments received, if payments or amounts owed to Shopnet cannot be completed in this way, you remain obligated to pay Shopnet for all unpaid amounts and Shopnet reserves the right to seek reimbursement through other means plus any additional cost incurred by Shopnet in seeking reimbursement.
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to deliver items sold by you, unless you have a valid reason as set out in a Shopnet policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- post false, inaccurate, misleading, defamatory, or libellous content;
- transfer your Shopnet.ie account to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of customers for any purpose other than in relation to a specific Shopnet.ie transaction (which includes using this information to send marketing materials directly to Shopnet.ie customers unless the customer has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Shopnet, or the interests or property of Shopnet.ie users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with Shopnet as a business entity, you represent that you have the authority to legally bind that entity.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Shopnet community or reduce our or another Shopnet.ie user's exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make full payment of any fees due for our Services by your payment due date.
The fees we charge for using our Services are outlined in our Retailer Agreement. We may change our fees, or introduce new fees from time to time by notifying the retailers by email 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
When listing an item, you agree to comply with the following rules. You agree that:
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with Irish law.
- content that violates any of Shopnet's policies may be modified, obfuscated or deleted at Shopnet's discretion;
- we may revise product data associated with listings to supplement, remove, or correct information;
- Meta-tags and URL links that are included in a listing may be removed or altered so as to not affect third party search engine results;
When buying an item, you agree to comply with the rules for buyers and that:
- you are responsible for reading the full item listing before making a purchase;
- you enter into a legally binding contract to purchase an item when you commit to buy an item.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub licensees or our assignees.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Shopnet users). You may use that content solely in your Shopnet listings. Shopnet may modify or revoke that permission at any time in our sole discretion.
We try to offer reliable data but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Shopnet is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
To protect against the risk of liability, Shopnet may determine to restrict funds in your Shopnet account.
We try to keep Shopnet and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Notification functionality in Shopnet's Services may not occur in real time. Such functionality is subject to delays beyond Shopnet's control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by Shopnet;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Shopnet Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Shopnet section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
You accept sole responsibility for your actions and undertake to ensure compliance with all laws that may apply. By entering this agreement, you are deemed to understand all laws that might apply to your use of this site and you further agree to indemnify Shopnet against any actions either, regulatory, criminal or civil in respect of all uses of the site.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Shopnet cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) 100 euros.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Shopnet's Services or your breach of any law or the rights of a third party.
If a dispute arises between you and Shopnet, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Ireland. You and Shopnet both agree to submit to the non-exclusive jurisdiction of the Irish Courts.
In simple terms, "non-exclusive jurisdiction of the Irish courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in Loughrea, Ireland.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in Shopnet.ie user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the Shopnet group (including, without limitation, in respect of any services provided by any member of the Shopnet group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from a Shopnet credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email or by posting the amended terms on www.Shopnet.ie. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a Shopnet representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Shopnet site.
The User Agreement, the Shopnet User Privacy Notice and all policies posted on our site are the entire agreement between you and Shopnet and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Peak Eastwell Trading Limited, Eastwell, Cappataggle, Ballinasloe, Co. Galway. We shall send notices to you by email to the email address you provide to Shopnet during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.