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Terms & Conditions
By using our website and puchasing from Trackershop Ireland, you agree to be bound by Trackershop's Terms & Conditions, as stated below.
CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES
The display of goods on the Trackershop site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and Trackershop unless, and until, an email is sent by Trackershop to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by Trackershop of your offer to buy goods or services from Trackershop and this acceptance is effective regardless of whether or not you receive the e-mail.
Trackershop is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.
SITE INFORMATION
Trackershop is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Trackershop disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Trackershop does not represent or warrant that the information accessible via this site is accurate, complete or current. Prices shown on the website are inclusive of V.A.T at the current Ireland rate (23% as of the 1st November 2013)
PROCESSING OF ORDERS
Credit cards are debited before items are shipped or before services are provided by Trackershop.
DELIVERY
Every effort will be made by Trackershop to post items ordered before 3pm that day by An Post Special Delivery. When circumstances deem that this is occasionally not possible Trackershop will post items as soon as absolutely possible and accept no liability for the delay in posting. All deliveries will be made by An Post Special Delivery (Insured) unless specifically requested otherwise. In the event that an item is out of stock or otherwise unavailable Trackershop will contact you and offer you another product, delivery time or a full refund.
CANCELLATION OF ORDERS PRIOR TO DELIVERY
Orders may be cancelled by phone or email prior to the day of delivery. The cost of the purchase will be refunded to the payment credit/debit card. As payment will have been processed by the credit/debit card services the refund will be made to reflect a cancellation fee of 5% of the initial purchase price. This is to cover our merchant services costs levied as a result of the purchase.
DISTANCE SELLING REGULATIONS
Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations must do so within 7 days of the point at which the goods were received. Please contact us for further details by email or phone or simply filling out the contact form or the returns form.
Customers are liable to pay the cost of this return postage. As long as the goods have been returned in original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 30 days of the date of return. Any actual use of a GPS tracker (switching it on and obtaining tracking information) or other equipment by a customer is a breach of the customers duty to take reasonable care of the product and will negate their right to return under these regulations.
LIMITATION OF LIABILITY (GENERAL)
Except as specifically stated on this site, neither Trackershop nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Partners and employees of this company may not be held liable for damages relating to either the capital cost of any equipment purchased from Trackershop Ireland, or consequential costs associated with fitting and operation of the same when issues arise from the non-availability of GSM and GPRS network coverage. It is the reponsibility of the purchaser to take whatever steps necessary to establish that the necessary and appropriate network coverage is available and that the equipment works efficiently at the location intended for use. It is recommended that purchasers verify effective operation in countries ouside the Republic of Ireland by operating a single tracker unit initially, and prior to purchasing further units. Trackershop Ireland will happily provide full support for these testing processes.
Trackershop Ireland does not guarantee that their tracking products will operate successfully in all parts of the world. Variations in GSM and GPRS network make this impossible, and accepts no liability for any loss in connection with failure of tracking service. Every effort will be made to assist in developing the required tracking but it remains the responsibility of the customer to ascertain if network coverage and tracking is possible in any particular global location.
ILLEGAL ACTS
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. Products purchased from Trackershop may be governed by laws prohibiting their use; it is the sole responsibility of the purchaser/user to comply with these laws and no liability can be implied.
CHANGES IN TERMS
Trackershop reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Trackershop web site. The mapping site is updated and altered periodically without notice.
RETURNS
All items purchased from Trackershop are guaranteed for 12 months of use. Due to the nature of this equipment no refunds will be given. If you find that there is a problem with any item please return it to us. We will have it carefully examined and will be happy to replace it if it is found to be faulty. Any obvious physical damage or evidence of other misuse found will naturally nullify this guarantee and offer of replacement. Our warranty does not cover the batteries associated with our products which are vulnerable to outside conditions outside of our control. Trackers may be returned to us by arrangement for re-programming and resetting (including the changing of location reporting periods). There is a charge of €60 for this service which covers time and multiple postage fees.
Any refund made to customers following the return of a tracker (for any reason) will not include any payment made for additional location or SMS credits paid for either at the time of the tracker purchase or after that date. Top up credit purchases will not and can not be refunded.
Any work carried out on behalf of and paid for by clients which involves any custom designing of the mapping panel or other associated features is undertaken by contractors on behalf of Trackershop Ireland and payment cannot be refunded upon cancellation once the work is completed, irrespective of any other tracker fault/warranty issue or claim for refund.
WEBSITE PRODUCT DESCRIPTIONS
Trackershop reserve the right to supply equipment which may differ in appearance from items shown on the website but which have the same use, function and facility
RELATING SPECIFICALLY TO TRACKING
Notwithstanding any other provision in these Terms:-
(1) Trackershop Ireland accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided with a tracking device.
(2) Without prejudice to the other exclusions and limitations in these Terms, Trackershop Ireland’s liability in connection with any order (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the purchase price of the goods ordered. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Trackershop Ireland.
(3) Trackershop Ireland is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from use of any tracking product, including without limitation in circumstances in which the product fails to function.
(4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of goods or services) are expressly excluded. The Customer‟s sole remedies in connection with such matters in relation to goods supplied shall be in accordance with these Terms.
(5) Nothing in these Terms excludes or limits Trackershop Ireland’s liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Trackershop Ireland (save in relation to the technical description, as provided by these Terms). In addition, Trackershop Ireland shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, Trackershop accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the failure of a device to track if this is caused by lack of credit on a “Pay as you Go”SIM card supplied by the customer or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) Trackershop may (at its discretion) provide support in connection with the Service at the rate of €60 plus VAT per hour.
(9) Customers may not operate their trackers in any way without having valid location credit applied for any period longer than 5 consecutive days. Doing so can produce conflict errors with the tracker software and it's connection with the mapping panel. Such action will be considered as nullifying any existing warranty.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING:
Notwithstanding any other provision in these Terms:-
(1) Trackershop accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided in relation to the installation and use of the Software.
(2) Without prejudice to the other exclusions and limitations in these Terms, Trackershop’s liability in connection with any Software or mapping panel access (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the value of the licence fee most recently paid by the Customer to Trackershop. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Trackershop.
(3) Trackershop is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from the use of the Software or mapping panel access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or mapping panel. The mapping panel remains the property of Trackershop and can only be used by customers who have purchased tracking credits through Trackershop.
(4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of the Service) are expressly excluded.
(5) Nothing in these Terms excludes or limits Trackershop’s liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Trackershop. In addition, Trackershop shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in anticipation of an order which have been provided in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, Trackershop accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service to collect tracking data which is caused by lack of credit on a “Pay as you Go” SIM card or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) Trackershop has no liability under these Terms in relation to loss or damage resulting from failure to track occasioned by the failure of any wireless device to perform its function.
(9) Trackershop accepts no liability whatsoever in connection with use of the Software on devices which do not comply with the minimum specifications stated in these terms.
(10) Magnetic trackers are supplied with strong industrial magnets which have been tested to support the tracking device if properly fitted. The customer is responsible for where and how the product is fitted. Trackershop Ltd is not liable if the device is lost or damaged.
TRACKING HISTORY
Tracking history held on the Trackershop will be maintained on the mapping server only so long as the tracker is active/live/in use. Inactive trackers will be removed from the mapping server occasionally and entirely at the discretion of Trackershop. It is solely the responsibility of the tracker user (customer) to save their tracking history using the file facility on the history page of their mapping panel. Trackershop has no liability under these terms for tracking history lost or deleted from the mapping server.
SERVICE / GSM NETWORK AVAILABILITY
Trackershop reserves the right to carry out regular maintenance of the Tracking Panel, which may affect the availability of the Service. Trackershop will use its reasonable endeavours to ensure that apart from scheduled maintenance, the panel is available for use at all other times.
ACCEPTABLE USE
The Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. In addition, the Service may not be used in conjunction with SIM cards or tracking devices which have not been supplied by Trackershop (other than mobile wireless devices). The Customer indemnifies Trackershop in relation to any legal liability which may be incurred purely as a result of the Customer’s use of the Service. A contract on these Terms can be transferred to a new device, if they have been lost, stolen or beyond repair and replacement devices are purchased with prior agreement by Trackershop.
The Customer may allow third parties (including its employees and contractors) to access the online tracking service, but this will be at the Customer’s own risk. Access will be subject to the user agreeing to Trackershop’s terms of use from time to time as published on the website from which the online service is provided to the Customer.
CANCELLATION BY CUSTOMER
Trackershop may terminate this agreement at any time, without notice, if the Customer breaches these Terms. No contract on these Terms may be terminated by the Customer, except in circumstances in which the Customer has lawfully terminated the contract (or part thereof) under which the device to which these Terms relate was supplied, in accordance with these terms.
All other rights of termination which the Customer might otherwise have under the general law are expressly excluded.
DATA CHARGES
In return for a fee in accordance with Trackershop’s price list from time to time, Trackershop will provide credit equal to 2MEG per calendar month to each SIM card supplied for a 12-month period. If the Customer makes use over and above this level, the Customer shall be responsible for all additional charges and fully indemnifies Trackershop in respect thereof. In addition, this shall constitute misuse of the SIM and Trackershop shall be entitled to immediately terminate this agreement. The annual data licence fee shall be payable in full immediately upon acceptance of the Customer’s order. Time shall be of the essence of the Customer’s obligation to pay the licence fee.
Customer agrees that Trackershop may monitor use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM card roaming agreements, subject to prior agreement is necessary and should be arranged through Trackershop. Trackershop reserves the right to charge for over usage while roaming.
LOCATION CREDIT
Location amd SMS command credits purchased and applied to a tracker have a "shelf life" of 12 months from the date of purchase. After this period, if unused, they will be cleared from any inactive account. We cannot transfer credits which are older than 12 months from one tracker to another.
If products are re-sold by Trackershop customer the Location and SMS credits linked to the product become void and the new owner must register with Trackershop and purchase new credits.
LOST/STOLEN SIMS
Trackershop should be informed immediately regarding any loss or stolen SIM card, if the Customer suspects or should reasonably suspect the SIM card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up to the time of said notification. Trackershop requires evidence of alleged loss or theft in the form of a Police report. Trackershop will terminate or suspend service of the tracking panel if Trackershop suspects any wrong doing.
SIM CARDS AND CALL CHARGES
In conjunction with the supply of tracking devices and the provision of our online tracking service, Trackershop may loan SIM cards to the Customer subject to these Terms where call credit is purchased through Trackershop. The SIM cards will remain the property of Trackershop and will be returned to Trackershop on the termination of this agreement howsoever arising. The Customer acknowledges that SIMs supplied by Trackershop may only be used in Trackershop tracking devices which are providing data to Trackershop’s mapping servers. Any other use shall constitute a breach of these terms.
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