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Conditions of Use

Conditions of Use

General Terms and Conditions of Site Use

These terms and conditions govern your use of the Kitchen Accessories Ltd trading as “Gowan Home” www.gowanhome.ie website, (the “Company Site”) and your relationship with Kitchen Accessories Limited (“the Company”, “we”, “us” or “Gowan Home”).  Please read them carefully as they affect your rights and liabilities under the law.  If you do not agree to these terms and conditions, please do not register for or use the Company Site.  If you have any questions on the terms and conditions, please contact sales@gowanhome.ie

 

  1. Information about Us


1.1 www.gowanhome.ie is a site operated by Gowan Home.  We are registered in Ireland under company no. 83226 and have our registered office at Gowan Group House, Herbert Avenue, Merrion Road, Dublin 4.  Our main trading address is Kitchen Accessories Limited, 4078 Kingswood Road, Citywest Business Campus, Dublin 24.  Our VAT number is 4625317B.  You may contact us at this address or by email to sales@gowanhome.ie or telephone us on 01 4136400.  Telephone calls to and from us may be recorded or monitored as part of our efforts to further improve services to our customers.  Unless otherwise stated, all calls to us using the number above will be charged at normal operator rates.

 

  1. Use of the Company Site


2.1 The Company Site is provided to you for your personal use subject to these Terms and Conditions.  By using the Company Site you agree to be bound by these Terms and Conditions. (References to these Terms and Conditions include our Sales Of Goods Terms and Conditions, our Website Privacy Policy, our Acceptable Use Policy and our WEEE Policy. – all seen below)

 

  1. Amendments


3.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site.  Any changes will be notified to you via a suitable announcement on the Company Site.  The changes will apply to the use of the Company Site after we have given notice.  If you do not wish to accept the new Terms and Conditions, you should not continue to use the Company Site.  If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the New terms and Conditions.

 

  1. Registration


4.1 To register on the Company Site you must be an existing trade customer of Gowan Home.

 

4.2 You must ensure that details provided by you on registration or at anytime are correct and complete.

 

4.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

 

  1. Password and security


5.1 When you register to use the Company Site you will be given a password and asked to amend that password after your first log on to the site.  In order to prevent fraud you must keep this password confidential and must not disclose it or share it with anyone.  If you know or suspect that someone else knows your password you should notify us by contacting sales@gowanhome.ie or 01 4136400 immediately.

 

5.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.

 

  1. Intellectual Property Law


6.1 The content of the Company Site is protected by copyright, trademarks, database rights and other intellectual property rights.  You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not on 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 Company Site without written permission from us.  If you print off, copy or down load any part of the Company Site in breach of these Terms and Conditions, your right to use the Company Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. Reliance on information posted


7.1 Commentary and other materials posted on the Company Site are not intended to amount to advice upon which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Company Site or by anyone who may be informed of any of its contents. 

 

  1. Availability of the Company Site


8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements.  We cannot guarantee that the service will be fault free.  If a fault occurs with the Company Site you should report it to h and we will attempt to correct the fault as soon as we reasonably can.

 

8.2  Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore the service as soon as we reasonably can.

 

  1. The Company’s right to suspend or cancel your registration


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

 

9.2 You can cancel your registration at any time by informing us in writing at sales@gowanhome.ie.  If you do so, you must stop using the Company Site.

 

9.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.

 

  1. Company’s liability


10.1 The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content.  If the Company is informed of any inaccuracies in the material on the Company Site, it will attempt to correct the inaccuracies as soon as we reasonably can.

 

10.2 If we are in breach of these Terms and Conditions we will only be responsible for any losses that you suffer as a result to the extent that they are foreseeable consequences to both of us at the time you use the Company Site.  Our liability shall not, in any event, include business losses such as, but not limited to, lost data, lost profits, business interruption, loss of revenue, loss of anticipated savings, loss of time.

 

10.3 This clause 10 shall not limit or affect our liability if something we do negligently causes death or personal injury.

 

  1. Third party websites


11.1 As a convenience to customers, the Company Site includes links to other web sites or material which are beyond our control.  The Company is not responsible for any content on any site outside the Company Site.

 

  1. Advertising and sponsorship


12.1 Part of the Company Site may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes.  We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

  1. Linking to our Site.


13.1 You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you.  The Company Site must not be framed on any other site, nor may you create a link to any part of the Company Site other than the homepage.  We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the contents standards set out in our Acceptable Use Policy (see below).  If you wish to make any use of material on the Company Site other than set out above, please address your request to sales@gowanhome.ie.

 

  1. Viruses, hacking and other offences


14.1 You must not misuse the Company Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Company Site, the server on which the Company Site is stored or any server, computer or database connected to the Company Site.  You must not attack the Company Site via a denial of service attack or a distributed denial of service attack.  By breaching this provision you will commit a criminal offence pursuant to the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act 2001.  We will report any such breaches to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Company Site will cease immediately.  We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Company Site or to your downloading of any material posted on it or any website linked to it.

 

  1. Uploading material to our site


15.1 Whenever you make use of a feature that allows you to upload material to the Company Site, or to make contact with other users of the Company Site, you must comply with the content standards set out in our Acceptable Use Policy.  You warrant that any such contribution does comply with those standards and you will indemnify us for any breach of that warranty.  Any material uploaded to the Company Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.  We also have the right to disclose your identify to any third party who is claiming that any material posted or uploaded by you to the Company Site constitutes a violation of their Intellectual Property Rights or of their rights to privacy.  We will not be responsible or liable to any third party for the content or accuracy of any material posted by you or any other user of the Company Site. We have the right to remove any material or posting you make on the Company Site if, in our opinion, such material does not comply with the contents standard set out in our Acceptable Use Policy (see below). 

 

  1. Jurisdiction and applicable law


16.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

 

  1. International use


17.1 We make no promise that materials on the Company Site are appropriate or available for use in locations outside the Republic of Ireland and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited.  If you choose to access the Company Site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.

 

  1. Information about You and Your visits to our site

  2. We process information about you in accordance with our Security and Privacy Policy (see below). By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

  1. Miscellaneous


19.1 You may not transfer any of your rights under these Terms and Conditions to any other persons.  We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

 

19.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company 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.

 

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

 

  1. Severability


20.1 If any provision of these Terms and Conditions is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not be impaired or affected in any way.

 

These Terms and Conditions were updated on February 28th 2012.

 

Your concerns
If you have any concerns about material which appears on our site, please contact sales@gowanhome.ie