Shoes For Crews Terms and Conditions For Sale and Supply To Business Customer

Shoes For Crews Terms and Conditions For Sale and Supply To Business CustomerSHOES FOR CREWS (EUROPE)LIMITED
GENERAL TERMS AND CONDITIONS FOR SALE AND SUPPLY TO BUSINESS CUSTOMERS
  SCOPE; APPLICABILITY
1 These general terms and conditions for the sale and supply of products to business customers (“these GTC”) of Shoes For Crews (Europe) Limited, a private company incorporated in Ireland with registered company number 324291 and having its registered office address at 4135 Atlantic Avenue, Westpark Business Campus, Shannon, Co. Clare, V14 A599, Ireland (“we”, “our” or “us”) apply only to orders from business customers (“you” or “your”). These GTC exclusively contain all terms and conditions applicable to the agreement between you and us in respect of our supply of products to you, to the extent these are not amended by way of written agreement between you and us.  These GTC are the entire agreement between you and us in relation to their subject matter.  You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these GTC. Any diverging or contradictory terms and conditions will not be accepted unless we expressly agree to them in writing.  These GTC are made only in the English language.
2 You will be notified of changes to these GTC in writing, by fax or by email. Your silence is your deemed consent to such changes and the changes will be considered accepted by you if you do not object to the change within four weeks after receipt of the notice of change.
  REGISTRATION AS USER               
1 Your registration with our online shop is free of charge. There is no obligation on us to admit you to or register you as a user of our online shop. Only customers with full legal capacity to contract with us are permitted to register on our online shop.  In order to register, please electronically fill out the registration form on our website https://www.sfceurope.com/retail/registration/default.aspx and submit it to us. In order to register and open an account with us you must provide us with: (i) the information necessary in order for you to place orders with us; and (ii) any other information that we may notify to you as being required from time to time. At the time of registration you will chose a personal user name and a password. The user name may not infringe upon third party name or brand rights. You are obligated to keep your password confidential and to under no circumstances make it known to third parties. 
2 Apart from the declaration of consent with the applicability of these GTC your registration as a user of our online shop does not entail any obligations on you, other than as expressly set out in these GTC.
3 You are responsible for updating your account registration information in case of any changes by you. All changes to your account can be made online after logging in under “My Account”.
DATA PROTECTION
  Our collection, processing and recording of personal data provided by you to us or collected by us will be done in accordance with the provisions of Irish data protection law and our privacy statement.
OUR PRODUCTS
  The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The colour of your products may vary slightly from those images.  The packaging of your products may vary from that shown on images on our site.
CONCLUSION OF THE AGREEMENT               
1 Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2 The online presentation of our products as well as the corresponding prices do not constitute a binding offer by us and are subject to change from time to time. It is your order of products via our online shop, via email to orders@sfceurope.com, per telephone at 00353 61 479200 which constitutes such a binding offer to enter into an agreement for the sale of such products by us to you. In case of an order via our online shop, we will confirm receipt of your order electronically. Please note that this confirmation of receipt does not constitute acceptance of your offer to enter into an agreement for the sale of the products by us to you. Acceptance of your offer shall take place only if we provide you with an order confirmation in writing or by email for the products confirmed therein, or, in the alternative, upon delivery of the products to us. 
3 If we are unable to supply you with products for any reason, we will inform you of this by email or phone and we will refund you the full amount including any delivery costs charged.
PRICE, PAYMENT CONDITIONS; CREDIT ACCOUNT; SUSPENSION
1 The prices of the products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. We sell a large number of products through our site. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the products correct price is less than the price stated on our site, we will charge the lower amount when dispatching the products to you.
2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
3 Payment for delivered products is due without deduction within 30 days from the date of the invoice. However, delivery on account is only available in the event we have granted you a credit account. By submitting the completed customer account form to us, you authorize us to request information about your payment history and creditworthiness from third parties (such as credit reporting agencies and other online retailers) and to use and disclose the submitted data for this purpose. Credit facilities will only be granted by us to you if you are considered by us (in our absolute discretion) to be an approved applicant. For the avoidance of doubt, you have no claim against us for not granting you a credit account.
4 In the event of an overdue account or in the event that you place orders in excess of the limit of your credit account, your credit account shall be placed on hold. For the duration of the suspension, delivery of ordered products shall be contingent upon advance payment by you (see clause 6.6). We reserve the right to demand compensation for possible damages to us resulting or arising directly or indirectly from you placing orders for products in excess of the limit on your credit account.
5 If you fail to pay to us any amount payable to us under these GTC on the due date, then you shall pay to us, on demand from time to time (as well after as before any judgment), interest on that amount, from the due date for payment until the date of payment in full, at the rate per cent per annum of five percentage points plus EurIBOR (at the three month rate, reckoned at three monthly intervals, in each case for the three months next succeeding the day of reckoning, and first reckoned on the due date for payment for first three months).  All such interest shall accrue from day to day and shall be compounded quarterly.
6 If no credit account pursuant to clause 6.3 of these GTC is granted by us to you, ordered products will not be dispatched until payment has been received by us in advance (bank transfer, cheque or common credit card is acceptable for this purpose). The purchase price is due immediately upon order confirmation by us. Payment by bank transfer must be made into the relevant bank account nominated by us for that purpose as per invoiced currency. The ordered products will be dispatched only upon prior receipt by us of full payment to our bank account nominated for that purpose. Verification of  payment can be accepted only in the event that you submit a copy of bank transfer verified by your bank via fax or email.
INVOICING       
1 We will issue an invoice dated on the day the products are dispatched to you. In the event of credit card payment, you will receive a copy of the invoice for your records. Queries relating to invoice issues must be directed to our customer service department orders@sfceurope.com within 30 days of the invoice date.
2 As a principle, invoices are issued by us in Euro. Only where a Pound Sterling (GBP) account is set up upon your registration and maintained by you, are invoices issued by us in Pound Sterling (GBP).
RETENTION OF TITLE and risk    
1 The products will remain our property until receipt by us of complete payment in full including delivery charges. We have the right to withdraw from our agreement to supply you with products and to demand the return of the products in the event of a delay in payment of more than 10 days.
2 Delivery is complete once the products have been unloaded at the address for
3 delivery set out in your order and the products will be at your risk from that time.
TERMS OF DELIVERY         
1 We will deliver the products according to our written agreement with you. Accrued shipment fees are listed with on the checkout page and will be noted separately on the invoice. Delivery dates and deadlines are only binding if confirmed to you by us in writing. Usually, the following delivery times apply, depending on the place of delivery, reckoned as of the date of shipment of the products: (i) Ireland: 3 - 5 working days; (ii) United Kingdom (mainland): 2 – 5 working days; and (iii) Europe (mainland): 2 – 5 working days.
2 Should you wish to change your order after having entered into a binding purchase agreement with us, but before the order is shipped, this can only be accepted prior to the order being packed.
3 If you fail to take delivery within 10 days after the day on which we notified you that the products were originally delivered to you or ready for delivery (whichever is the earlier), we may resell part of or all the products and refund the any price paid by you for such resold products.
EXCHANGE; RETURNS          
1 If for any reason you are not completely satisfied with your products, we will, within 60 days of delivery in accordance with these GTC, gladly: (i) take them back for a free-of-cost exchange (see clause 10.2); or (ii) in the alternative, refund the purchase price to you after deduction of shipping costs (see clause 10.3). You must return your products to us unsoiled and in their original packaging. We provide customers with a return facility https://crossborderreturns.com/Customer/Shoes_for_Crews/Consumer/Create/. Simply indicate to us if you want a free exchange or a refund of the purchase price.
2 In the event you want a free exchange, please select a new product from any of the products within the same price level and we will ship your new products to you at no additional charge once we receive your returned products. You can exchange the size from the same style or select another suitable style on the same price level.
3 If your request a refund, please note that you can make use of our easy return system by contacting us to drop off your products and we will ensure full refund minus shipping cost (if charged) Alternatively, if you decide to send the products back at your own expense without using the free drop off, no deduction for shipping costs will be made. Where possible, we will use the same method of payment as used by you to process your refund
WARRANTY               
1 We warrant that the products will not be defective upon transfer of risk in the products to you in accordance with these GTC. Subject to Clause 11.3, if the products are defective upon transfer of risk in the products to you in accordance with these GTC then you may: (i) require performance by us of our relevant obligations under these GTC in accordance with their terms; (ii) withdraw from the agreement between you and us and return the products to us whereupon we will refund the purchase price for the products returned to us; or (iii) reduce the purchase price payable in respect of the defective products.
2 The limitation period in respect of a claim for a breach of the warranty in clause 11.1 is 6 months from the date of transfer of risk in the products to you in accordance with these GTC.
3 In the case of a defect of a delivered item, please return the item to us accompanied by a Goods Returns Authorization form. This form can be obtained by contacting us at [returns portal link]. You will be asked for proof of the date of purchase. On return of the products they will be inspected by our warranty department. Only products found by us to be defective will be credited or exchanged.
4 Please note that our products are specifically designed to provide maximum protection against slip(s) and falls. In the event of constant or significant exposure to caustic cleaning agents, animal fat and/or acidic acids, durability as related to wear and tear may be significantly reduced. We are not liable for damages to the product(s) which occur due to or arising from (directly or indirectly) improper handling or care, including (but not limited to) the improper care or handling identified in this clause
LIMITATION OF LIABILITY
1 Our total liability to you for all demands, claims, proceedings, suits, judgements, losses, liabilities, costs, expenses, fees, penalties or fines arising under or in connection with these GTC or the supply or non-supply of products hereunder or in connection herewith, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the price of the products actually paid by you.
2 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these GTC or the supply or non-supply of products hereunder or in connection herewith for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
3 Except as expressly stated in these GTC, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these GTC by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these GTC that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these GTC: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under these GTC will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the agreement affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
5 The aforementioned limitations of liability are not applicable in the event of death or bodily injury. Any liability according to mandatory law remains unaffected and un-excluded.
FINAL PROVISIONS        
1 If we do not insist that you perform any of your obligations under these GTC, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
2 These GTC are governed by Irish law and each party irrevocably agrees to submit all disputes arising out of or in connection with these GTC to the exclusive jurisdiction of the Irish courts.
3 If individual provisions of these GTC should be invalid or be held inapplicable because of a contradiction to mandatory regulations, then this shall not affect the remaining agreement. The invalid provision will be jointly replaced by the contractual parties by a provision which is closest to the economic meaning and purpose of the invalid provision. The foregoing provision applies accordingly to contractual gaps.
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