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Sunday, 20 September 2020

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Terms and Conditions

1. Introduction

1.1 This Agreement governs Your use of the Irish Stamps Shop service. Please read these terms and conditions carefully as they explain Your rights and responsibilities to Us and Our rights and responsibilities to You.

2.  Definitions

In these terms and conditions the following expressions have the following meanings:

2.1 ‘Collector Account’ means the record of Your Collectors Account Payment Methods;

2.2 ‘Intellectual Property Rights’ means any copyrights, future copyright, database rights, inventions, patents, patentable material, designs, trade secrets, confidential information, know-how, trade marks, service marks or other industrial or intellectual property rights, and any applications for any of the foregoing (whether registered or not and whether registerable or not);

2.3 ‘Collectors Account’ means that part of the Website accessible by You with the Security Credentials where You can use the Service;

2.4 ‘Collectors Account Payment Method’ means to a) withdraw money from Your credit card/laser card and to pay it into Your Collectors Account or b) to pay money into Your Collectors Account by any of the payment methods in Schedule One;

2.5 “Payment Instruction” means a Collectors Account Payment Method and/or Product Purchase Payment Method;

2.6 “Product Purchase Payment Method” means Your instruction to Us to a) withdraw money from Your credit card/laser card and to use the money withdrawn to purchase Products, or b)  to obtain the value from one of the payment methods in Schedule One and to use the value obtained to Purchase Products, or c) use money in Your Collector’s Account to purchase Products;

2.7 ‘Products’ means the products and services available for purchase on the Website;

2.8 ‘Security Credentials’ means the user identification, password and password hint supplied to You by Us to enable You use the Service securely;

2.9 ‘Service’ means the service on the Website permitting You to purchase Products;

2.10 ‘We’, ‘Us’ and ‘Our’ means An Post having its registered office at GPO, O’Connell Street, Dublin 1 trading as Irish Stamps;

2.11 “Website” means the website at the universal resource locator beginning;

2.12 ‘You’ and ‘Your’ means You, the customer using the Service.

2.13 These terms and condition apply to opening and operating a Collectors Account, Payment Instructions and purchasing Products on the Website and prevail over the other terms and conditions applying to the Website in the event of conflict.

3.  Access to the Service
3.1 You are responsible for obtaining and maintaining Your computer system and for ensuring that it is compatible with the Service. We have no responsibility or liability with respect to Your computer system. We will notify You of the minimum specification of computer system required to enable You to access and use the Service.

3.2 We may change the minimum specification You require to access the Service at any time. We will notify You of such a change by placing a message on the Website. We do not accept responsibility if any such change in specification results in Your computer system becoming incompatible with the Service or becoming unable to perform within the Service all of the functions previously performed.

3.3 You will be responsible for the cost of all charges You incur in accessing and using the Website.

3.4 We cannot guarantee the speed with which You will be able to access and use the Service or that You will have uninterrupted or continuous access to the Service.

3.5 You must not:

3.5.1 introduce or attempt to introduce any virus or any other contaminant to the Service or any of Our computer systems;

3.5.2 in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website or any of Our computer systems;

3.5.3 interfere with the use of another person’s access to or use of the Website;

3.5.4 obtain access to information relating to another person which is on Our computer system;

3.5.5 use or attempt to use the Website or any of Our computer systems for any unlawful or immoral purpose.

3.6 We may suspend or terminate Your access to and use of the Service, including but not limited to any Payment Instructions, at any time with or without notice if there is a valid reason in Our opinion for Us to do so, including but not limited to performing fraud checks.

3.7 You are responsible for getting an appropriate connection with an Internet Service Provider in order to access the Service.

3.8 We shall control, direct and establish technical procedures for using the Service (and We may vary it from time to time). You agree to follow Our instructions and adhere to Our procedures when using the Service as notified to You from time to time.

3.9 We shall be entitled to make operational changes to and alter the facilities available under the Service at any time. We will notify You of significant changes.

3.10 You agree that any material and/or information downloaded or otherwise obtained through the use of the Service is at Your own discretion and that You will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and/or data.

3.11 We shall use reasonable endeavours to keep the Service free from viruses and corrupt files but We do not warrant that the Service is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that where practicable You ‘virus check’ information sent to You by Us. We shall not be liable for any corrupt information sent to You by Us or for any corrupt information You send to Us.

3.12 You undertake to co-operate fully with Us in any investigation We may wish to carry out in relation to the use of the Service.

3.13 We may place messages or directions on the Website and You should from time to time check the Website for such messages or directions. You must ensure that You update Us on any changes in Your e-mail address.

3.14 You must notify Us immediately if You become aware of any error or any suspected error in the Service or in any transaction resulting from using it.
4.  Payments through the Service
4.1 You can pay money into Your Collector’s Account by any of the Collectors Account Payment Methods.
4.2 You can pay for Products by any of the Product Purchase Payment Methods.
4.2 On receipt of the value of the Product Purchase Payment Methods We will send you the Products purchased.  An Post will use reasonable efforts to send you the Product with three working days but will not be liable for any failure to send You Products within this time.  Our obligation to send you the Products is subject to their availability and availability is not guaranteed.
4.3 On the closure of a Collectors Account the balance in the Collectors Account will be repaid to You on request.  No interest will be payable on the balance in a Collectors Account.
5.  Security and Links
5.1 To register for a Collectors Account You must choose Your Security Credentials.  You must keep Your Security Credentials secret. You may not reveal Your Security Information to anyone and You may not permit anyone to access Your Collectors Account.
5.2 Some pages on the Website may contain hypertext links to websites not maintained by Us. You are reminded that when You enter other websites via such hypertext links, You will not be subject to these terms and conditions and You will not benefit from the protections afforded to You in using the Website. We will not be liable in any way for the content, availability or use of such link to websites and You use such links entirely at Your own risk.
5.3 No third party is permitted to link any other website to the Website without obtaining Our prior written consent.
5.4 The use of the Website or the distribution of information on the Website may be restricted by local law or regulation in certain jurisdictions and the Website is not intended for use nor the information intended for distribution in such jurisdictions and the persons accessing the Website should inform themselves about and observe any such restrictions.
6.  Warranties and Limitation of Liability
6.1 Your warranties
You warrant to Us that:
6.1.2 You are entitled to issue Payment Instructions;
6.1.5 You will use the Service in a lawful and proper manner;
6.1.6 Your use of the Website complies with all applicable laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy or tortious interference.
6.2 Your indemnity
6.2.1 You shall indemnify Us and keep Us fully and effectively indemnified on demand from and against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which We may sustain or incur, or which may be brought or established against Us by any person, which in any case arise out of or in relation to, or by reason of:
 (a) Giving Payment Instructions without authority to do so;
 (b) Your fraud.
6.3 Limitation of Our liability
6.3.1 You agree that We are not liable to You for any loss or damage (other than that which cannot be excluded by law) which You may suffer as a result of:
 (a) Service for any reason being unavailable;
(b) The acts or omissions or both by Your internet service provider or aggregation service;
(c) Your failure to exercise reasonable care;
 (d) Your failure to follow security requirements in these Legal Terms or  otherwise notified by Us to You.
6.4 We will not be liable for any errors or delay for failure to meet a purchase of a Product if this is due to anything beyond Our control, for example industrial action; fire; flood; explosion; government act; act of God; or the failure, directly or indirectly, of any power supply, machine, data processing system, data transmission link, or telephone link or due to suspension or termination under clause 3.6.
6.5 In addition You acknowledge that no data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect such information We do not warrant and cannot ensure the security of any information which You transmit to Us. Accordingly, any information which You transmit to Us is transmitted at Your own risk.
6.6 Any liability We have to You will be limited to the value of the transaction for the purchase of Products during the course of which such liability arose.  We will not be liable to You in any circumstances for any loss or damage (other than that which cannot be excluded in law) which is not direct, or is beyond Our reasonable control, or which We could not reasonably foresee. All implied warranties are excluded to the fullest extent permissible under law.  This does not affect Your statutory rights.
7.  Intellectual Property Rights
7.1 The Intellectual Property Rights in the Website and the information set out on it belongs to Us or Our licensors and may not be copied, transmitted or reproduced without Our prior consent. All copyright, trademark and other proprietary notices must be left intact.
7.2 Save as otherwise specified the contents of all the pages contained in the Website are copyright of Us or Our licensors.
7.3 Reproduction of part or all of the contents of the Website in any form is prohibited other than in accordance with the following permissions. You are granted a non-exclusive, non transferable licence solely for the purpose of using the Website and any services available on the Website. You may make one electronically stored, transient copy of these pages of the Website for the exclusive purpose of on-line viewing. You may make one hard copy of these pages for exclusively non-commercial purposes.
7.4 Save where otherwise specified the author(s) of the literary and artistic work set out in the pages contained in the Website has/have asserted his/her/their moral rights to be identified as the author of these works.
7.5 This licence does not permit incorporation of the material or any part of it in any other work or publication, whether in hardcopy or electronic or any other form. In particular (but without limitation) no part of the Website may be distributed or copied for any commercial purpose.
7.6 No part of the Website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval.
8.  Data Privacy and Protection
8.1 You acknowledge that We will receive information which is confidential to You and accept that this will be used only for the provision of the Service and will not be divulged to any third party for any reason other than to ensure the normal operation of the Service. Please click here to read Our privacy statement
9.  Notices

9.1 Any notice to be served on You may be sent by electronic mail to the electronic mail address notified by You to Us and shall be deemed to be received by You 72 hours after being sent. Any notice to be served on Us may be sent by electronic mail to the electronic mail address notified by Us to You and shall be deemed to be received by Us 72 hours after being sent.

10.  Termination

10.1 You can terminate Your use of the Service by giving Us written notice by traditional post or such other means as We may agree with You.

10.2 We may end Our agreement with You at any time. We will give You at least 30 days prior notice if We wish to end Our agreement with You. However We may give You a shorter period of notice (provided that such notice is reasonable in all the circumstances): where security requires it; or in circumstances beyond Our control; or in the event of fraud; or Your failure to observe and comply with these Legal Terms.

10.3 If the Agreement is terminated for any reason, it shall continue in force to the extent necessary to give effect to those of its provisions which expressly or implied have effect after termination.

10.4 Upon termination We shall at Our discretion either carry out or refuse to carry out any outstanding Payment Instruction You may have given to Us.

11.  Amendments to these terms and conditions
11.1 The contents of the Website including these terms and conditions are subject to change by Us by notification on the Website and/or to the e-mail address notified by You to Us at Our discretion.
12.  General
12.1 Each of these Legal Terms is separate from all other Legal Terms, so that if one Legal Term is found to be invalid or unenforceable this will not affect the validity of any of the other Legal Terms.

12.2 If We do not enforce any of the rights We have under these Legal Terms, or if We delay in enforcing them, that does not stop Us from taking any action to enforce Our rights in the future.

12.3 The headings used in these Legal Terms are for ease of reference only and shall not affect the meaning of these Legal Terms.
13. Governing Law and Jurisdiction
13.1 The Website is established in Ireland in accordance with the laws of Ireland and will be governed by the laws of Ireland. When You use the Website, You accept that Your use of the Website and any information on the Website will also be governed by the laws of Ireland and if any claim or dispute arises from Your use of the Website or any information on it, You agree that the Irish Courts will have non-exclusive jurisdiction over all such claims or disputes.
Schedule One

1. Cheque/bank draft in euro drawn on a bank in the euro zone.
(Euro cheques and drafts, over €275, drawn on a non Irish bank will incur bank charges).

2. Cash (Euro, Sterling and US dollars) - by registered mail only.

3. Cheque in US dollars drawn on a US bank.

4. Cheque in Canadian Dollars drawn on a Canadian Bank.

5. Cheque in Sterling drawn on a UK Bank.

6. Euro Giro Service – Check with you local Postal Operator.

7. Bank Transfer using the following details:
Irish Stamps IBAN No: IE51 BOFI 9000 1770 9738 87
                   Irish Stamps BIC Code: BOFIIE2D at Bank of Ireland, College Green, Dublin