Terms and Conditions

Terms and Conditions of Sale

These Terms and Conditions do not affect your statutory rights.

You should read these Terms of sale carefully before commencing trading with Pack Publishing Limited. Please retain a copy for future reference.

1. Definitions

"Buyer" means the organisation or individual who contracts to buy goods from FunPacks.ie, PackPublishing or via AmazingForFundraising.com.

"Consumer" means the person who eventually uses the goods for the purpose intended

"Seller" means "Fun Packs / Pack Publishing", which may be denoted as; - "Fun Packs"; "Pack Publishing"; may also be "we" or "us".

"Terms of Sale" means the conditions set out in this document. We may change the Terms and Conditions of Sale for any future order without notice.

Only those Terms existent at the time of placing an order shall be applicable to any Contract.

"Contract" relates to the goods described in the order, but only to that part of those goods for which we issue a Confirmation.

2. Contracts.

2.1 No contract exists between a customer (Buyer or Consumer) and us for specific goods, unless we have received an order, accepted it and sent a confirmation by fax, letter or email. It is Buyer’s responsibility to ensure that they order the correct goods for the purpose intended. It is Buyer’s responsibility to check the Confirmation, as this will form the basis for the delivery and the Contract. Buyer must inform us within 24 hours of the receipt of the Confirmation of any error or variation.

3. Orders

3.1 The placing of an order shall be deemed to be the acceptance of these Terms and Conditions

3.2 An acknowledgement of an order is not a confirmation of the order. An order is only accepted on the issuing of a Confirmation of the order. This is then the Contract.

3.3 The price of the goods shall be deemed to be that in force at the time of the Contract. Prices of goods not delivered within 30 days of the Confirmation may be adjusted by the Seller. In such case Buyer shall have the right to cancel the order for such goods or to re-confirm the order in writing. Prices of goods delivered within 30 days will not be affected.

3.4 The prices of all goods on an order shall be that listed on Seller’s website or on the relevant, concurrent price list advised to the buyer. Where Buyer purchases goods for resale, the discount price for the order shall be that listed in the current trade price list applicable to that Buyer’s business.

3.5 VAT is levied on all goods sold within the Republic of Ireland however due to the educational nature of Fun packs, these products are exempt from having VAT added at source.

4. Delivery

4.1 Delivery charges are applicable to all deliveries, except where waived by Seller in the confirmation. Contracted Franchisees have special delivery conditions as detailed in their Franchise Contract. The conditions relating to delivery detailed in that Contract shall supersede these Terms and Conditions.

4.2 Buyer or Consumer shall pay delivery charges for goods returned to Fun Packs, irrespective of reason for return. Special conditions shall apply to Franchisees as detailed in Franchisee Contract, which shall supersede these Conditions.

4.3 Where a specific delivery date has been agreed by Seller and not met, Buyer shall have right of cancellation of the Contract and have a full refund of payments where applicable.

While delivery is not of the essence and Seller shall make every reasonable effort to meet same, Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer or Consumer arising directly or indirectly from late delivery.

4.4 Where there is no-one available to accept a delivery, Seller will attempt to contact Buyer or Consumer to make a prompt arrangement. Where this is not possible, Buyer or Consumer shall become liable for additional costs arising from a corrective or delayed delivery.

4.6 Unless otherwise specified in the order, delivery shall be to the last address notified to Pack Publishing by the order or by any preceding communication.

5. Risk and Title.

5.1 Risk in the goods shall pass to Buyer on delivery.

5.2 Title in the goods shall pass to Buyer on receipt by Seller of payment of the price in the Contract.

6. Warranty.

6.1 All goods supplied by us are warranted free from defects. This warranty does not affect your consumer rights.

6.2 This warranty does not apply to defects arising from goods wrongly handled or stored by the buyer or Consumer.

6.3 Under no circumstances shall our liability under warranty exceed the purchase price of the goods shipped and claimed under warranty.

6.4 All claims under warranty shall be notified to us in writing by post or email within 72 hours of their discovery. Goods which have been modified without notice will be deemed to void warranty.

6.5 The company shall have the right of inspection of all goods claimed under warranty.

6.6 The company reserves the right to make the final decision on the warranty claim subject to this inspection and to proof that the goods have been handled and stored appropriately.

6.7 Force Majeure. The company shall have no obligation to provide a remedy where the defect, fault or loss is caused by forces outside the company’s control.

6.8 Where a claim is deemed to be malicious or baseless, we reserve the right to recover our costs and expenses in investigating and treating the claim.

7 General

7.1 The waiver by us of any clause of these Terms in a contract shall not be construed as a permanent waiver of the clause(s).

7.2 If any clause should be held to be invalid or unenforceable by a competent authority, the validity of all other clauses shall not be affected.

8. Governing Law.

The performance and completion of these Terms and Conditions and any contract made there under shall be subject to Irish Law and to the jurisdiction of the courts of the Republic of Ireland.

Pack Publishing Limited, Jan 2008.

Pack Publishing Limited, Company registration number: 395779
Registered address: Fun Packs, 8 Vicar Street, Kilkenny City, County Kilkenny, Ireland.
Pack Publishing Limited; 8 Vicar Street, Kilkenny City, County Kilkenny, Ireland

Phone: +353 (0)1 4433359
Fax: +353 (0)59 9720231
Email: info@funpacks.ie
Web: www.funpacks.ie

Right to Return

If for any reason you wish to return your Fun Pack products to us, please contact Fun Packs directly on +353 (0)1 443359 within 14 calendar days (remorse period) of receiving your order. The transportation charges set out in the FunPacks.ie terms and conditions will apply to such returns. Full details of the right to return and any exceptions are set out in the terms and conditions found on the Fun Packs web site.