1. Use of The Food Store Website

The Food Store website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using The Food Store website you agree to be bound by these Terms and Conditions.

These Terms and Conditions govern your use of The Food Store website and all services provided in connection with it.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to customers via a suitable announcement on The Food Store website. The changes will apply to the use of The Food Store website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use The Food Store website and the online store. If you continue to use The Food Store website after the date on which the change comes into effect, your use of The Food Store website indicates your agreement to be bound by the new Terms and Conditions.

3. Registration

To register with The Food Store you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

4. Password and Security

When you register to use The Food Store website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by calling (094) 9362091 or emailing info@thefoodstore.ie immediately.

If The Food Store has reason to believe that there is likely to be a breach of security or misuse of The Food Store website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

5. Excluded Services

The services provided by The Food Store website do not include the provision of computer or other necessary equipment to access The Food Store website. To use The Food Store website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

6. Intellectual property

The content of The Food Store website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of The Food Store website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on The Food Store website without written permission from The Food Store.

No licence is granted to you in these Terms and Conditions to use any trade mark of The Food Store.

7. Limitations

You may not use The Food Store website for any of the following purposes:

• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person’s use or enjoyment of The Food Store website
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to The Food Store website
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

The Food Store reserves the right to refuse to post material on The Food Store website or to remove material already posted on The Food Store website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of The Food Store website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of The Food Store website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of The Food Store website by you.

8. Availability of The Food Store website

Although The Food Store aims to offer you the best service possible, The Food Store makes no promise that the services at The Food Store website will meet your requirements. The Food Store cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to The Food Store staff at your earliest convenience via (094) 9362091 or email info@thefoodstore.ie and we will attempt to correct the fault as soon as we reasonably can.

Your access to The Food Store website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Food Store will attempt to restore the service as soon as it reasonably can.

9. The Food Store’s right to suspend or cancel your registration

The Food Store may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using The Food Store website. The suspension or cancellation of your registration and your right to use The Food Store website shall not affect either party’s rights or liabilities.

Paragraphs 9, 10, 13, 14, 17 and 19 of these Terms and Conditions shall survive cancellation.

10. The Food Store’s liability

The Food Store website is provided by The Food Store without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The Food Store website provides content from other Internet sites or resources and while The Food Store tries to ensure that material included on The Food Store website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Food Store will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with The Food Store website. If The Food Store is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of The Food Store website with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of The Food Store website
• unsuitability, unreliability or inaccuracy of The Food Store website
• inadequacy of The Food Store website to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to The Food Store website.

Nothing in this paragraph applies to The Food Store liability in respect of products sold through The Food Store website.

Nothing in these Terms and Conditions shall exclude The Food Store liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

11. Third Party Websites

As a convenience to The Food Store customers, The Food Store website includes links to other web sites or material which are beyond its control. The Food Store is not responsible for content on the Internet or World Wide Web pages external to their site.

12. Advertising and Sponsorship

Part of The Food Store website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on The Food Store website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

13. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.

14. International Use

The Food Store makes no promise that materials on The Food Store website are appropriate or available for use in locations outside the Republic of Ireland, and accessing The Food Store website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.

15. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and The Food Store ignores this, The Food Store will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

The Food Store shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

16. Availability

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.

17. Order Acceptance

There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods.

18. Gift Vouchers

Gift Vouchers can be personalised with a message if requested at the time of order being processed.

We will endeavour to process all postal gift vouchers within 48 hours of the order being placed, provided the order is received by 4pm Monday to Friday.

Gift Vouchers cannot be returned once purchased and cannot be exchanged for cash or other gift cards.

We cannot take responsibility for any gift vouchers that are lost, stolen or used by someone other than your recipient after delivery. Please make sure your recipient has received their Gift Voucher, as it is their responsibility to keep the Gift Voucher safe.  We use reliable postal services however we shall be under no liability for any delay or failure to deliver the parcels within the estimated timescales.

19. Delivery

Delivery will be made to the address specified by you on the completed order form. Delivery times will be agreed with you at the time of placing your order. Whilst we make every effort to deliver your goods at the agreed time, we will not be liable if we fail to do so due to circumstances beyond our control.

20. Payment

You can pay via Paypal or using any Mastercard or Visa credit card or debit card through the Paypal platform. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

21. General

These Product Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.

If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law