Terms & Conditions
YOUR USE OF THE SITE
The contents of the Site such as text, graphics, images, photographs, code and other material (“Material”), are protected by copyright, trade mark and other laws in both Ireland and overseas. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute,sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose or otherwise in breach of these terms and conditions. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are the property of Tuniper Technologies or its suppliers.
If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material.
Tuniper Technologies LIABILITY
The following provisions set out Tuniper Technologies entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; (“Event of Default”). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law.
Tuniper Technologies shall not be liable and shall not otherwise be deemed to be in breach of this Agreement for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Tuniper Technologies does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Tuniper Technologies is not responsible for those costs.
The Site and Material are provided on an “as is” basis without any warranties of any kind. Tuniper Technologies and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. Tuniper Technologies and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, Tuniper Technologies does not warrant that the use of the Material by you will not infringe third party rights.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Tuniper Technologies, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment,whether based on statute, contract, or any other legal cause and whether or not Tuniper Technologies is advised of the possibility of such damages.
YOUR OBLIGATIONS
You agree:
that any information provided by you will be true, accurate, current and complete;
and confirm that you are the authorised holder of any credit/debit card you may use on the Site;
to notify us immediately of any changes to any information you have submitted to the Site; and
to be available for delivery and to take delivery of any products ordered by you from the Site.
PRODUCT DESCRIPTION
Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. Tuniper Technologies does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.
PLACING YOUR ORDER WITH TUNIPER TECHNOLOGIES
Any order made by you shall be deemed to constitute an offer to purchase. No contract shall exist between you and Tuniper Technologies for the sale by it to you of any product unless and until Tuniper Technologies accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Tuniper Technologies sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland.
While every effort is made to ensure the availability of products and to fulfil all orders, Tuniper Technologies cannot guarantee the availability of any product displayed on the Site. Tuniper Technologies reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Tuniper Technologies cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered we will promptly correct them and the amended provision will apply. Tuniper Technologies reserves the right to change or amend prices or promotional offers at any time without notice.
PRICES AND PAYMENT
Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT at the current rates.
Tuniper Technologies accepts VISA, LASER & AMERICAN EXPRESS. Tuniper Technologies uses SSL to securely transmit your Credit Card information to Realex Payments. Customer Credit Card Information is not stored by Tuniper Technologies on our servers.
DELIVERY
Tuniper Technologies will endeavour to have your product delivered within 1 working days, for example an order placed on Monday would normally arrive on Tuesday and an order placed on Friday would normally arrive on Monday.
INDEMNITY
You agree to defenindemnify, and hold harmless Tuniper Technologies, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Tuniper Technologies shall provide notice to you promptly of any such claim, suit or preceding and shall assist you, at your expensie in defending any such claim, suit or proceeding.
OUR PRIVACY POLICY
Tuniper Technologies respects your right to privacy. As part of the e-store facility Tuniper Technologies will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Data Protection Act 1988. Tuniper Technologies may use your personal data for the following purposes:
to fulfil your order;
if there are any queries on your order or if there is a problem with fulfilling your order;
to advise you of any promotional offers that may be of interest to you;
to facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site;
GENERAL
This Site is controlled and operated by Tuniper Technologies from its location in Ireland. Tuniper Technologies makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, Tuniper Technologies may seek provisional or protective relief in the courts of another State prior to during or after any substantive proceedings have been instituted in Ireland and Tuniper Technologies may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
This agreement constitutes the entire agreement between you and Tuniper Technologies with respect to the use of the Site.
Tuniper Technologies may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice for any valid technical, operational or commercial reasons.