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Terms of Service

Elearning Devices Ltd t/a eLearning Services Conditions of Sale

Last updated 4th July, 2013

Thank you for shopping at the eLearning Services online shop.

At Elearning Devices Ltd, we want to make your experience of shopping online with us as easy as possible. Consequently, you will find a summary of heading that make up our agreement with you and these are:

  1. The Agreement
  2. About eLearning Services
  3. Services Countries
  4. Acceptance of Agreement
  5. Customer Status
  6. Description of Products
  7. Third Party Resellers
  8. Returns, Cancellations & Faulty Goods
  9. Prices & Payment
  10. Delivery
  11. Manufacturer’s Warranty
  12. Recycling - WEEE
  13. Liability
  14. Terms + Conditions for this Website

Please read this agreement carefully. It contains important clauses which impose obligations on you and which limit or exclude our liability to you. 

 

1. The Agreement

This page (together with the documents referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which Elearning Devices Ltd t/a eLearning Services supply any services and/or Products listed on the eLearning Services website from which you can access this page including, in particular, www.elearningservices.ie (called the “Website”)

You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of eLearning Services which is not set out in this Agreement. Nothing in this condition excludes or limits Elearning Devices Ltd liability for fraudulent misrepresentation.

The Agreement (including any documents referred to in it) may be revised from time to time by Elearning Devices Ltd. Therefore, the Agreement (including any documents referred to in it) should be read carefully before ordering Products from Elearning Devices Ltd each time you intend to make a purchase.

In this Agreement, “you” and “your” means both you and/or the person, organisation or entity on whose behalf you are acting.

 

2. About eLearning Services

All Help & Support issues should be accessible on this Website. If you feel they are not covered you can send your query to info@elearningservices.ie.

If you have any issues in relation to an order placed on the Website, please inform us via email to info@elearningservices.ie and we will endeavour to resolve it as quickly as possible.

 

3. Serviced Countries

This Website is intended for use only by persons legally resident in Ireland. eLearning Services does not accept orders from persons who are not legally resident in Ireland.

 

4. Acceptance of Agreement

Please read the Agreement (including any documents referred to in it) carefully before ordering any Products from eLearning Services. It should be understood that by checking the “I Accept” box and ordering any Products via the Website, you (including any person, organisation or entity on whose behalf you are acting) agree to be legally bound by the Agreement (including any documents referred to in it) and confirm your understanding of it. 

If you refuse to accept the Agreement (or any part of it), you will not be able to order any Products from this Website.

If you make any mistakes during your order, you can correct any input errors right up until you confirm payment.

After placing an order, you will receive an e-mail from eLearning Services acknowledging that eLearning Services has received your order and confirming the price, delivery charge and specification of the Product order. Please note that this does not mean that your order has been accepted by Elearning Devices Ltd. Your order constitutes an offer from you to us to buy a Product subject to this Agreement. 

All orders are subject to acceptance by Elearning Devices Ltd and availability. eLearning Services will confirm its acceptance of your order by sending you an e-mail that confirms that your order has been accepted (which e-mail is called the “Purchase Confirmation”) and not otherwise. A legally binding contract between eLearning Services and you (called the “Contract”) will only be formed when we send you the Purchase Confirmation. 

The Contract will relate only to those Products identified in the Purchase Confirmation. Elearning Devices Ltd is not obliged to supply any other Products which may have been part of your order until acceptance of your order in this respect has been confirmed in a separate Purchase Confirmation.

Elearning Devices Ltd accepts no responsibility and will not be liable in any way to you if the Products ordered are unavailable or if an order is rejected, not accepted or not rejected.

If we have made a mistake by unintentionally publishing inaccurate information on the Website (e.g. the price, description or availability of a product you have ordered). In this instance, we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.

If we have to cancel all or part of your order for any reason, we will email you to let you know.

Please note that no terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document or communication supplied by you form part of this Agreement or any Contract as a result of such document or communication being referred to in the Contract or otherwise. 

This Agreement prevails over any terms and conditions put forward by you and no conduct of eLearning Services constitutes acceptance of any terms or conditions put forward by you (unless eLearning Services expressly agrees to them in writing by express reference to this clause).

 

5. Customer status

By placing an order through this Website, you agree and warrant that:

 

6. Description of Products

You are solely responsible for using your skill and judgement to choose the Products (and their specification) which are suitable for your purposes and needs and ensuring that they are compatible with any other products or systems you have. 

Elearning Devices Ltd will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications and description of the Products is as set out in the Purchase Confirmation. 

All samples, drawings, descriptive matter, specifications and advertising issued or made available by Elearning Devices Ltd and any descriptions or illustrations contained in Elearning Devices Ltd' brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample.

 

7. Third Party Resellers

Elearning Devices Ltd may provide links on this Website to the websites of other companies and persons, whether affiliated with us or not. eLearning Services does not give any undertaking or assurance whatsoever that any products or services purchased from third party resellers through this Website, or from companies or persons to whose website Elearning Devices Ltd has provided a link on this Website, will comply with the terms of any third party reseller’s contract, will be fit for purpose, of merchantable quality and/or match its description. Any such warranties and any other terms, conditions and/or warranties expressed or implied by common law, statute or otherwise are expressly disclaimed and excluded by Elearning Devices Ltd.* 

*The disclaimer in the above immediate clause does not affect your statutory rights against the third party reseller. 

 

8. Returns, Cancellations & Faulty Goods

If for whatever reason you change your mind and would like to return your order after delivery, eLearning Services will refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 14 days after delivery.

Following the Distance Selling Regulations, Elearning Devices Ltd will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you return your goods within 7 working days* from the day of delivery. The goods must in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with it, at your sole risk and cost, within thirty (30) days of your cancellation of the Contract in order that Elearning Devices Ltd can resell it. The product must not have been used or installed or had any data inputted. Whilst the goods are in your possession you must take reasonable care of them and not use them. Memory cards and software must still be sealed.

* Working days means all days other than Saturday, Sunday and public holidays.

You can send the product back to us, then email info@elearningservices.ie, quoting your order number and we can make arrangements for refunding your purchase.

Elearning Devices Ltd reserves the right to take action against you if the Product returned has, whilst in your possession or control, become unfit for resale or damaged or you have not returned the Product and all relevant packaging included in or with the Product when it was delivered to you.

Elearning Devices Ltd will then give you a full refund for the cost of the product. However, we do have the right to retain any charge paid for services which have already begun or been completed. Refunds take 3-5 working days to be credited to your payment card.

When eLearning Services cannot refund/cancel your purchase:

There is a contract for services with the product and you have started using the services; this would include;

Should you wish to cancel your order before delivery please email eLearning Services at info@elearningservices.ie.

Elearning Devices Ltd takes every care to ensure your Product arrives to you in good condition on rare occasions a Product may get damaged in transit. If you do receive a damaged Product, please contact us straight away by emailing info@elearningservices.ie and we will arrange a free of charge collection and either a refund or replacement product. You should:

Not use the product, for your own safety; 

Inform us straight away

Should you suspect a fault with your product please make sure that you have read the troubleshooting section of the manual that accompanied the Product as it may be a common fault that can be easily resolved. Should you not be able to resolve the problem email us at info@elearningservices.ie. For all Products should the fault occur within 21 days from the date of delivery, you have the option of a refund or an exchange. Please note that we may ask to inspect the goods to confirm the fault or ask you to carry out a telephone diagnostic to make sure it is not a problem that can be resolved quickly.

 

9. Prices & Payment

All our prices are in Euro and include VAT. The total cost of your order will be the price of the products you order, the delivery charge, plus any additional services you choose, for example, installation, training, etc. You’ll see all these in your Shopping Cart before you submit an order.

Prices and delivery charges are liable to change or variation at any time but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.

Payment is deducted, via Paypal, once an order is submitted. Please visit Paypal's website for more information on the various methods of payment. No payment is deemed to have been received until eLearning Services has received cleared funds. 

All card transactions are processed and authenticated, on our behalf, by Paypal. This means that, for your own security, we try to ensure that only the owner of the card is able to use it. Please refer to Paypal's website for more details on the payment and authentication process.

We use identity checking to protect you and detect and prevent fraud. As part of our security checks we may call you to verify your details and your identity.

The consumer information we collect via the Website may include:

The details we collect help us:

 

10. Delivery

Any dates or times specified by us for procurement and/or delivery of the Products are an estimate only and time for supply of Products is not, and may not be made by notice, of the essence of this Agreement. See below an estimate of delivery times for the delivery of Products.

Elearning Devices Ltd will use reasonable efforts to supply Products pursuant to a Contract within the estimated date specified in the Purchase Confirmation or, if no date is specified, within a reasonable period which, if you are a Consumer (but not otherwise) will be no more than thirty (30) days from the date you submitted your order (unless otherwise agreed between you and us). 

You are not, subject to clause 9.4, entitled to terminate a Contract by reason of the failure of eLearning Services to supply Products by the estimated supply date and we are not liable to you for any losses whatever caused by such failure. 

If you are a Consumer and the delivery date cannot be met, and the revised delivery date is more than thirty (30) days from the date of the Purchase Confirmation, you can cancel the Contract without charge and obtain a full refund if you notify us, within two (2) days of being informed of the new delivery date, that you are not happy with the revised delivery date.

We can deliver all products to anywhere in the Republic of Ireland. Delivery is by An Post Registered Post and we will aim to have your product to you in 4 working days. Delivery is 5 days a week, Monday to Friday, usually from 9am - 3pm. The delivery can be tracked via An Post's website, we will issue you a tracking number as part of the Purchase Confirmation email.

You must take delivery, and make all arrangements necessary to take delivery, of the Products when they are made available by eLearning Services (or its agent) at the Delivery Point (your address) during the period for delivery confirmed in the Purchase Confirmation.

Delivery is deemed to take place on and from when the Products are made available by us (or our nominee) at the Delivery Point. We may deliver the Products at any reasonable time before or after the quoted delivery date and time, subject to prior notification.

You must examine the Products immediately upon receipt of them and notify us promptly of any mis-delivery. 

We aim to ensure your order arrives complete and in good condition. If the Product is missing, damaged or if the order is incorrect, please can contact us at info@elearningservices.ie. 

 

11. Manufacturer’s Warranty

All goods supplied carry a manufacturer’s warranty. This will deal with the repair of any product which was working at the point of receipt but developed a subsequent fault. Warranty varies with manufacturer and you should check your documentation and contact the manufacturer or their advised agent for help before returning goods to us. Our Customer Service Department can advise you on this. 

LCD screens: Pixel failure on LCD screens is not unusual and acceptable to a prescribed level under international standards. If you feel you are affected by this please contact our Customer Service Department

 

12. Recycle - WEEE 

Introduction:

Irish LegislationThe Irish government implemented the WEEE (Waste Electrical and Electronic Equipment) Directive 2002/96/EC in August 2005. From 13 August 2005, all Producers and Distributors (Retailers) of EEE must comply with the WEEE Regulations 2005.The purpose of this Directive is, as a first priority, the prevention of waste electrical and electronic equipment (WEEE), and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste. It also seeks to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment, e.g. producers, distributors and consumers and in particular those operators directly involved in the treatment of waste electrical and electronic equipment.

 

How does it work? 

Consumers from in the Republic of Ireland will be able to return waste electrical and electronic equipment to Elearning Devices Ltd free of charge on a one-to-one basis. This means that when purchasing an equivalent product, you can return your old version to us provided it is a like-for-like equivalent, or has fulfilled the same function as the newly supplied equipment. For example, you're entitled to send back a tablet computer, provided you purchased a comparable tablet computer.

 

Items you are returning as WEEE must be returned within a maximum of 30 days from the date of delivery

You can return your old product at the time of sale of the new product when you can call us to arrange to collect your old product within 15 days of the date of sale/delivery.

PLEASE NOTE:  If you are recycling a product that holds personal data, for example, a tablet computer, you will need to have removed the information from your old product prior to us receiving it as we will not carry out any data removal.

You can also bring your waste to your local civic amenity centre of which there are numerous located throughout the country. For your nearest centre please see the Environment, Community and Local Goverment website.

For more information about WEEE please visit www.weeeireland.ie

 

Batteries Regulations

Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free.

 

13. Liability

We offer no guarantee of suitability for the product you select and the onus lies with you to satisfy yourself in advance of purchase. 

We cannot accept responsibility for circumstances outside our control, such as in the case of strikes, fire, war, acts of terror, riots, violent disorder, natural disasters, shortages in stock or transportation, exchange fluctuations, currency shortages, governmental or regulatory action, or delays in deliveries from suppliers or manufacturers or the effect of such delays. In such an event the agreement for sale can be terminated by either party, without compensation, with written notification to the other after 30 days or any time thereafter.

We will seek to resolve any dispute amicably and where that is not possible then through an agreed third party and where such effort does not reach an outcome satisfactory to both parties then it should be referred to the relevant court of law.

We will not accept any responsibility or liability for customer data. It is the responsibility of the customer to ensure they have a copy of or have removed any data from a product before returning it to us. 

 

14. Terms + Conditions for this Website

Elearning Devices Ltd provides its content on this Website subject to the following terms and conditions (T&C). We may periodically change the T&C, we reserve all the right to change the T&C of use or policies regarding the use of the website at any time and not to notify you by posting an updated verion of the T&C of use on the website. By accessing and using this web site, you agree to these T&C. For an explanation of eLearning Services practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

We, Elearning Devices Ltd, and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

 

Copyrights

All content and functionality on the website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of eLearning Services and is protected by Irish and international copyright laws. All rights not expressly granted are reserved. Any communications between you and eLearning Services, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.

 

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the website are the registered and unregistered Trademarks of Elearning Devices Ltd. You agree that you will not refer to or attribute any information to Elearning Devices Ltd in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, eLearning Devices Ltd without written consent from eLearning Devices Ltd.

 

Use of Site Content

You may not reproduce, modify, distribute, transmit, post, or disclose the Website Content without eLearning Devices Ltd prior written consent. When you use the website, you can read and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the website by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by eLearning Services), and you agree not to post or use any Content in any manner that:

Though we strive to enforce these rules with all of our users, you may be exposed through the website or services to Content that violates our policies or is otherwise offensive. You may use the website and services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

 

Notices of Infringement

eLearning Devices Ltd prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the website, please write to eLearning Services, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. eLearning Services will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement. eLearning  Services contact for submission of notices under this Section is: info@elearningservices.ie

 

General rules of user conduct

It is our goal to make the use of our website and services a good experience for all of our users, so you agree not to do any of the following:

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Services in accordance with this Agreement. “eLearning Services” is our trademark. Other product and company names that are mentioned on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on eLearning Services, excluding all intellectual property of other sites obtained by way of API (Application Programming Interface) and linking and Content posted by our customers, is owned by eLearning Devices Ltd. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to eLearning Devices Ltd, subject to copyright and other intellectual property rights under Irish Law, the law of the jurisdiction where you reside, and international conventions. Content provided by Elearning Devices Ltd is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

 

Security and Privacy

Information, such as credit card information provided in connection with a purchase, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase, other than your credit card information, may be disclosed by us to the eLearning Services Merchant for their commercial purposes including provisioning the sale item.

You have a statutory right to a 7 day right to cancel (cooling-off period) when purchasing online. If the product is defective in anyway, please return it or notify us with a covering letter and we will deal with the issue.

 

Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT ELEARNING DEVICES LTD IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELEARNING DEVICES LTD AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. ELEARNING DEVICES LTD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER eLearning Services NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

 

 

Limitations of Liability

Your sole and exclusive remedy for any dispute with us is to discontinue your use of eLearning Services. We, our affiliates, officers, directors, agents, vendors, and merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants, shall be limited to the extent permitted by law.

 

Indemnity

You hereby agree to indemnify and keep indemnified Elearning Devices Ltd, its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Website, the Service, Products or any breach of these Terms of Use by you.

Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against eLearning Services or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.

 

Electronic Communications

The communications between you and Elearning Devices Ltd use electronic means, whether you visit the Website or send us emails, or whether Elearning Devices Ltd posts notices on the Website or communicates with you via email or Newsletter. For contractual purposes, you (a) consent to receive communications from eLearning Services in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Elearning Devices Ltd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

 

 

 

Third-Party Web Sites

We may provide links to third-party Web sites and applications, and some of the content appearing to be on this website is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Elearning Devices Ltd has no responsibility for these third-party Web sites and applications, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

 

 

Governing Law; Jurisdiction

These Terms are governed by the laws of the Republic of Ireland without reference to the principles of conflicts of laws thereof. Any dispute arising from these T&C shall be resolved exclusively in the Republic of Ireland.

 

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