Terms of use

The relationship between P.J. Carroll & Company Limited ("we", "us", "our", "the Company") and our customer is governed by these Terms of Use, any Trading Agreement, the Terms and Conditions of Sale, our Privacy Statement and our Cookies Policy (together, the "Agreement"). By accessing our website and/or online ordering system you agree to these Terms of Use and confirm that you are authorised to use the website and/or the online ordering system for and on behalf of a customer, bound by an Agreement, of P.J. Carroll & Company Limited.

We would draw your particular attention to the limits and exclusions to our liability as set out in the "Limitation of Liability" section of these Terms of Use.

1. GENERAL

1.1. P.J. Carroll & Company Limited is an Irish registered company with company number 67771, whose registered office is at The Greenhouse, 6th Floor, Block E, Mountain view, Leopardstown, Dublin 18. The Company's VAT number is IE8Z19149J.

1.2. Please read these Terms of Use, the Terms of Sale, any Trading Agreement, our Privacy Statement and Cookies Policy before you use this website or online ordering system, register with P.J. Carroll & Company Limited and/or order any of our products online.

1.3. The terms “British American Tobacco”, “the Group” and “British American Tobacco Group” are used to refer to British American Tobacco p.l.c. and the group of companies constituting its direct and indirect subsidiaries worldwide, including P. J.  Carroll & Company Limited.

1.4. When you use this website and/or the online ordering system the latest version of these Terms of Use will apply to the Agreement.

1.5. The Customer should print a copy of these Terms of Use or save them to a computer or device for future reference. We will retain an electronic copy of these Terms of Use and the Customer's agreement to same. You may request a copy of these Terms of Use in writing to us.

1.6. If we amend these Terms of Use, and you are one of our registered users, we will email you with updated Terms of Use when we make changes to them. These Terms of Use were last updated on 24 July 2017.

1.7. The Agreement is made only in the English language.

1.8. This website and online ordering system is provided to you free of charge, without any warranties or guarantees unless specifically stated.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All copyright, trade marks, and other intellectual property rights used as part of this website and online ordering system are vested in British American Tobacco and/or P.J.Carroll & Company Limited and/or their licensors. You acquire no rights in the website or online ordering system other than the limited right to use the website and online ordering system in accordance with these Terms of Use. You may not offer for sale or sell or distribute over any medium, any part of this website or online ordering system, or the content on them.  However, you are permitted to print out or download information and content from this website or online ordering system for your own personal, non-commercial use only.  Other than as stated in these Terms of Use, you may not make any part of the website or online ordering system available as part of another website, whether by scraping, crawling, hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by  P.J. Carroll & Company Limited.

2.2. You agree not to infringe our intellectual property rights or those of any third party in relation to your use of the website and/or online ordering system.

3. CONFIDENTIALITY

3.1. The information contained on the website and online ordering system is confidential and proprietary to P.J. Carroll & Company Limited. You agree to treat the information as confidential and not to disclose it to any third party without the prior written consent of P.J. Carroll & Company Limited.

4. USE OF THE WEBSITE AND ONLINE ORDERING SYSTEM

4.1. You shall not use this website or online ordering system for any illegal purposes or in any manner inconsistent with these Terms of Sale and in particular you agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person.

4.2. You agree not to act fraudulently or maliciously for example by hacking into or inserting malicious code such as viruses or data into the website or online ordering system.

4.3. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of the website or online ordering system or with the enjoyment of the website or online ordering system by other visitors.

4.4. You agree not to use the website or online ordering system in a way that could damage disable, overburden, impair or compromise our systems or security or interfere with other users.

4.5. You agree not to collect or harvest any information or data from the website or online ordering system to attempt to decipher any transmissions to or from the servers running the website and online ordering system.

5. ALTERATION OF WEBSITE AND ONLINE ORDERING SYSTEM

5.1. We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this website and/or online ordering system and to restrict or prohibit access to them, including where there is a breach of these Terms of Use.

5.2. From time to time we may automatically update the website and/or online ordering system to improve performance, enhance functionality, or address security issues. Alternatively we may ask you to install updates for these reasons. You hereby agree to promptly install such updates as requested by us.

6. SUSPENSION AND TERMINATION

6.1. P.J. Carroll & Company Limited may suspend or block your access to this website and/or online ordering system and refuse to provide you with any further access, including where there is a breach of these Terms of Use.

7. YOUR ACCOUNT

7.1. You must keep the information on your account accurate and up-to-date. You must provide us with comprehensive and clear information. P.J. Carroll & Company Limited will not be responsible for delays, losses or costs caused by incorrect or inaccurate information provided by you.

7.2. The Customer represents that anyone who places an order on behalf of the Customer has authority to do so on behalf of the Company.

8. ONLINE ORDERS

8.1. Each order placed by the Customer with the Company constitutes an offer which the Company is free to accept or reject as it chooses and accordingly any price list or quotation constitutes no more than an invitation to the Customer to offer to purchase the Company's products.

8.2. Please follow the onscreen prompts to place an order.

8.3. Our online order process allows you to check and amend any errors before submitting an order. Please check the order carefully before confirming it. You are responsible for ensuring that orders are complete and accurate.

8.4. When you place an order, you will receive a notification from us acknowledging that we have received it, but please note that this does not mean that the order has been accepted. Our acceptance of the order will take place either expressly or by our conduct by dispatching the products.

9. LIABILITY

9.1. Except as expressly provided for on this website, P.J. Carroll & Company Limited is not responsible for the content or use of any web pages or any messages sent or received by you.

9.2. P.J. Carroll & Company Limited publishes this website and makes available the online ordering system "as is" and "as available" without any warranty or any kind, express or implied, as to the operation of the website or online ordering system, the accuracy of the information or the products or services referred to on the website or online ordering system (in so far as such warranties may be excluded under any relevant law).

9.3. Except in the case of personal injury or death caused by its negligence or for fraud, to the extent permitted by law, neither P.J. Carroll & Company Limited nor any other company in the British American Tobacco Group shall be liable for any losses or damage whether in contract, tort (including negligence) or otherwise and whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, incidental or special that may result from access or use of this website or online order system, howsoever arising.

9.4. Your sole and exclusive remedy is to discontinue using this website or online order system.  

9.5. P.J. Carroll & Company Limited's total liability under the Agreement shall be governed by the Terms and Conditions of sale and any Trading Agreement.  

10. SEVERABILITY

10.1. If any part of these conditions of use is found to be unenforceable as a matter of law, all other parts of these conditions of use shall not be affected.

11. DATA PROTECTION

11.1. Any personal data collected from individuals by us will be kept in accordance with our Privacy Statement, a copy of which is available at Privacy Policy.

12. ASSIGNMENT

12.1. We may assign or otherwise transfer our rights and/or obligations under these Terms of Use to any third party from time to time. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

13. JURISDICTION AND APPLICABLE LAW

13.1. These Terms of Use shall be governed by the laws of the Republic of Ireland and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.

14. CONTACT DETAILS

14.1. If you have any queries about these Terms of Use, or have any queries or problems in relation to the site, and/or the online ordering system, please contact us at info@b2b.pjcarroll.ie.