Terms of Service
Introduction
The following Terms and Conditions define how You make use of our online store. Please read these Terms and Conditions carefully before You start to use the online store and before You make a purchase. By using this online store, You indicate that You accept these Terms and Conditions, You understand that You are bound by them and You agree to abide by them. If You do not agree with these Terms and Conditions, please refrain from making purchases.
The Comms online store is available at the web address https://startcomms.com (hereinafter referred to as “Website”) is operated by:
Comms eCommerce Limited
Office 1, Unit 17, Western Parkway Business Centre, Lower Ballymount Road
D12X8KC Dublin
Ireland
VAT: 3809189MH
Business number: 705310
Contact email: info@startcomms.com
(hereinafter referred to as “Comms” or “us” or “we”).
Every time a purchase is made on this Website, a contract is formed between that User and us. This contract is subject to these Terms and Conditions, making these Terms and Conditions an integral part of the contract. If any product or service is described on the Website with provisions differently than in these Terms and Conditions, those specific provisions will prevail.
All visitors of this website, whether as guests or registered users are referred to as Users. We may revise these Terms and Conditions at any time, and without prior notice. You are expected to check them from time to time to take notice of any changes we made, as they are binding on You as a User. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website. We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely, without any liability whatsoever.
Access
We reserve the right to withdraw or amend the services and/or products we provide on our Website without prior notice. We will not be liable if for any reason our Website is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of our Website, or our entire site. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to temporarily or permanently disable any user identification code or password, whether chosen by you or provided by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Intellectual Property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties that are valid around the world. All copy and similar rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The relationship with Users
The products and/or services that are available for purchase on our Website can be single items or multiple items packaged together. In any case, the price always includes our administration and handling.
By using our Website, the User can already be provided with a service. When a purchase is made on our Website a contract is formed between us and the User, who is in that case also a customer.
Pricing
Full details of what is included in the price of products and/or services are shown on our Website. Anything not specifically described on our website as being included in the price is not included and can not be interpreted as included. Taxes and payment fees are included in the prices unless if it is stated otherwise.
We reserve the right to change the prices displayed on our Website at any time, however not after the purchase has been confirmed. The final price of Your purchase will be confirmed before You proceed with the purchase, together with any applicable taxes and fees.
Normally, purchases are paid in advance. In accordance with applicable legislation in regards to advance payments, all prices for products and services already include the value of the interest calculated at the rate valid for tied savings deposits.
Payments
In order to make a purchase, You must pay the total or partial value of Your purchase, depending on the availability of payment plans, at the time of purchase, together with the service fee if applicable. The purchase is confirmed when we receive the first payment from You.
We accept one or multiple payment methods. Please check the details on our Website. We take all reasonable care to ensure that our Website is secure and to ensure that it is not possible for any third party to access Your payment or other personal data. However, we will not be liable in the event that any third party obtains personal data or information in an unauthorized manner, unless due to our own negligence. By entering any payment-related information, You confirm that the payment details belong to You as the purchaser.
For any refunds that are possibly granted to Users we will carry them out within 30 days of the approval of a refund.
Service fee
We might charge a fee for providing our service related to the maintenance and upkeeping of our online store. If a service fee charge applies it will be clearly stated in Step 2 of the purchase process along with the value of the service fee. The service fee is a separate service charged only for confirmed purchases at a fixed or flexible rate (e.g. percentage of the total value of the purchase). In case of amendments or cancellations of Your purchase, the service fee will remain charged and shall not be refunded. By agreeing to these Terms and Conditions You forfeit the right to demand a refund of the service fee(s) unless agreed otherwise.
Changes or cancellations by You
You can request a change or cancellation of your purchase in your user account or by email. Please note that products and/or services purchased on our Website are subject to changes and/or cancelations only according to the applicable legislation. Please note that the “cooling off period” of 14 days cancellation possibility granted by the European Union legislature does not apply for any services such as event tickets, hotel purchases, transfer, and similar events and tourism-related services.
In some exceptional cases, we might approve a cancellation and refund of Your purchase. Please contact us by with reasons and supporting evidence if you feel you are entitled to cancellation.
Complaints and claims
If You have a complaint or claim in relation to any part of our service You must state this at the time the issue occurs, as most problems can be solved quickly and easily. Please communicate any complaints or claims you might by email. This will help us to quickly identify Your concerns and speed up our response to You. If You fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify Your complaint and this may affect Your rights under Your contract.
Our liability
We promise to make sure that all products and/or services that are part of your contract with us are fulfilled with reasonable skill and care.
In relation to all purchases, we will not be liable for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; (b) the act(s) and/or omission(s) of a third party not connected with the provision of your purchase and which were unforeseeable or unavoidable; and (c) unusual and unforeseeable events or circumstances beyond our or our suppliers’ control, the consequences of which could not have been avoided even if due care had been exercised, including without limitation, exceptional or severe weather conditions, industrial action or fire.
Privacy and data processing
In order to process Your purchase and performing the service(s) meet Your requirements, we need to use the personal data You provide us, such as your name, surname, address, email, phone number, and/or any personal data that has been exchanged. We shall ensure that proper security measures are in place to protect Your information and we will comply with applicable legislation. Please see further details of our Privacy Policy.
Viruses, hacking and other offenses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.
By breaching this provision, you would commit a criminal offense. We will report any such breach 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 our 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 programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Breach of Terms and Conditions
If we consider that a breach of these Terms and Conditions has occurred, we may take any action as we deem appropriate, including, without limitation, all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use our Website; Immediate, temporary or permanent removal of any posting or material uploaded by you to our site; the issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we feel is necessary. We exclude liability for actions taken in response to breaches of this policy.
Governing law and jurisdiction
Any dispute, claim or other matter of any description that arises out of or in connection with this contract is governed by and shall be construed in accordance with the law of Ireland. The courts of Ireland shall have jurisdiction to decide any dispute or claim that arises out of or in connection with this contract.