GENERAL CONDITIONS OF SALE DEFINITIONS


1.1 In these conditions

Buyer - means the person or company from whom the order is received.
Conditions - means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
Goods - means the articles which the buyer agrees to buy from the seller.
Order - means the order placed for goods excluding carriage, packing, insurance and vat.
Seller - means OFFICE WIZ

1.2 Any references in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

CONDITIONS APPLICABLE
2.1 These conditions shall apply to all contracts for the Sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions which the Buyer may purport to Apply under any purchase order, confirmation of order or similar document.

2.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a duly authorized Representative of the Seller.

THE PRICE AND PAYMENT
3.1 The price of the goods shall be the Seller’s quoted price, which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quotation within the 30 days or where no such quotation shall have been given the price of the goods shall be price stipulated in the Seller’s price list current at the date of delivery of the goods.

3.2 Payment of the price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence. The price is exclusive of VAT, which shall be due at the rate ruling on the date of VAT invoice.

3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day until the date of payment at a rate of 4% above Bank of Ireland bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

3.4 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of goods to reflect any increase in cost to the Seller which is due to any far beyond the control of the Seller and any change in delivery date, quantities or specification for the good requested by the Buyer.

WARRANTIES AND LIABILITES
4.1 The goods shall at the time of delivery be in accordance with the description given by the Seller. Except where express warranties are set out in these conditions all warranties condition or terms of every kind whether implied by statute or common law or otherwise are hereby excluded to the fullest extent permitted by law provided that nothing herein shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller.

4.2 The Seller shall not be liable for consequential loss or damage whatsoever whether caused by negligence or otherwise arising out of or in connection with the provision of any goods pursuant to this contract and the total liability of sale Seller for any loss of the Buyer in connection with this contract shall not under any circumstances exceed the price.

4.3 Without prejudice to the other provisions of this clause 4,The Seller may at it’s sole discretion replace any goods found to be defective under clause 4.1 provided that any such replacement goods shall be accepted by the Buyer in full and final settlement of any claims it may have against the Seller relating to such defective goods.

4.4 Every endeavour will be made to deliver the quantities as ordered, but where the goods are being manufactured or produced to specific requirements exact quantities cannot be guaranteed. The Seller reserves the right to deliver within 10% of the order either under or over in respect of such items in accordance with the usual trade custom. The Seller shall invoice the quantity ordered and may (at the Sellers discretion) issue a further invoice or a credit note (as the case may be) for any such excess or shortfall up to but not exceeding 10% of the quantity ordered.

DELIVERY (see Delivery and Returns)

REJECTION
6.1 The Buyer shall be deemed to have accepted the goods after 24 hours after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject goods not in accordance with this contract.

6.2 If the Buyer rejects the goods under clauses 6.1 hereof the Seller may elect to supply other goods complying with the order of Seller within 14 days of the date of notice of rejection and if those goods are not properly rejected by the Buyer the Seller shall be deemed to have complied with it’s obligations under this contract and no claim by the Buyer’s rejection of the original goods shall be against the Seller.

RETENTION OF TITLE

7.1 The good’s shall be at the Buyer’s risk as from delivery.

7.2 In spite of the delivery having been made legal and beneficial title in the goods shall not pass from the Seller until payments in full have been received.

7.2.1 For goods
7.2.2 For any other goods supplied to the Buyer by the Seller and
7.2.3 Of any other monies due from the Buyer to the Seller on any account whatever.

7.3 Until legal and beneficial title in goods passed to the Buyer in accordance with clauses
7.3.1 hold the goods and each of them on a fiduciary basis as bailee for the Seller and
7.3.2 Store the goods (at no cost to the Seller) separately from all other goods in it’s possession and readily identifiable at the Seller’s property.

7.4 At any time prior to legal and beneficial title in the goods passing to the Buyer the Seller may (without prejudice to any other of it’s right
7.4.1 Require delivery up to it not all or any part of the goods.
7.4.2 Retake possession of all or any part of the goods and enter any premises for that purpose (or authorize other to do so) which the Buyer hereby authorizes.

TERMINATION
8.1.1 This clause applies if:
8.1.1 The Buyer makes any voluntary arrangement with it’s creditors or becomes subject to an administration order or (being an individual firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or

8.1.2 An encumbrance takes possession of or a receiver is appointed to any of the property or assets of the Buyer

Or 8.1.3 The Buyer ceases, or threatens to cease, to carry on business, or

8.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly or

8.1.5 If the Buyer is in breach of the conditions.

8.2 If this clause applies then, without prejudice to any other or remedy available to the Seller, the Seller shall be entitled to determine this contract or suspend any deliveries under the contract without any liability to the Seller, and if any goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

GENERAL
9.1 All headings are for ease of reference only and shall not affect the construction of this contract.

9.2 Any provision of this contract which is or may be void are unenforceable shall to the extent of such invalidity or unenforceability be deemed severeable separate and distinct and shall not affect any other provision of contract.

9.3 No waiver of forbearance by the seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future

9.4 The seller may license or sub-contract all or any part of its rights and obligations under this contract without the buyers consent.

9.5 The seller shall not be liable for any defect due to Act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of the seller. 9.6 This contract shall be governed by Irish law and all disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of Ireland

 

GDPR


This is the Data Protection Policy for Officewiz 

During normal business activities, Officewiz collects, stores and processes a variety of types of personal information.  Officewiz recognises the need to treat such information in a secure and lawful manner.

 
Officewiz is committed to conducting its business in accordance with all applicable Data Protection laws and regulations, to being transparent about how it collects and uses the personal data of its employees, customers and clients, and to meeting its data protection obligations.  This policy sets out the Officewiz commitment to data protection, and individual rights and obligations in relation to personal data.

This policy applies to all cases where Officewiz processes a data subject’s personal data either in electronic form or where it is held in manual files that are structured in a way that allows ready access to information about individuals.  It applies to the personal data of job applicants, employees, clients and other personal data processed for business purposes.
Officewiz has appointed Paul Goodall, Head of Information Security, as the person with responsibility for data protection compliance within Officewiz. He can be contacted at sales@officewiz.ie for Questions about this policy, or requests for further information, should be directed to him.

Definitions
"Personal data" is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.
"Special categories of personal data" means information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.
"Criminal records data" means information about an individual's criminal convictions and offences, and information relating to criminal allegations and proceedings.
Data Protection Principles

 OfficeWiz will process personal data in accordance with the following data protection principles:
• personal data will be processed lawfully, fairly and in a transparent manner;
• personal data will be collected only for specified, explicit and legitimate purposes;
• personal data will be processed only where it is adequate, relevant and limited to what is necessary for the purposes of processing;
• personal data records will be kept accurate and up to date and all reasonable steps will be taken to ensure that inaccurate personal data is rectified or deleted without delay;
• personal data will be retained only for the period necessary for processing.  The periods for which OfficeWiz holds personal data are contained in its privacy notices to individuals.
• appropriate measures will be adopted to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.
 

Officewiz will inform individuals of the reasons for processing their personal data, how it uses such data and the legal basis for processing via its privacy notices. It will not process personal data of individuals for other reasons.
Officewiz keeps a record of its processing activities in respect of personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).
Subject Access Requests
Individuals have the right to make a subject access request. If an individual makes a subject access request, Officewiz will tell him/her:
• whether his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• for how long his/her personal data is stored (or how that period is decided);
• his/her rights to rectification or erasure of data, or to restrict or object to processing;
• his/her right to complain to the Information Commissioner if he/she thinks Officewiz has failed to comply with his/her data protection rights; and
• whether Officewiz carries out automated decision-making and the logic involved in any such decision-making.
Officewiz will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

To make a subject access request, the individual should follow the instructions in the associated privacy notices.  In some cases, Officewiz may need to ask for proof of identification before the request can be processed. Officewiz will inform the individual if it needs to verify his/her identity and the documents it requires.
Officewiz will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the Officewiz processes large amounts of the individual's data, it may respond within three months of the date the request is received. Officewiz will write to the individual within one month of receiving the original request to tell him/her if this is the case.

Other Individual Rights
Individuals have other rights in relation to their personal data. They can require Officewiz to:
• rectify inaccurate data;
• stop processing or erase data that is no longer necessary for the purposes of processing;
• stop processing or erase data if the individual's interests override Officewiz legitimate grounds for processing data.
• stop processing or erase data if processing is unlawful; and
• stop processing data for a period if data is inaccurate or if there is a dispute about whether the individual's interests override Officewiz's legitimate grounds for processing data.

To ask Officewiz to take any of these steps, the individual should follow the instructions in the associated privacy notices.
Complaints Handling
Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to the Head of Information Security.  An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case.  The Head of Information Security will inform the data subject of the progress and the outcome of the complaint within a reasonable period.  If the issue cannot be resolved through consultation between the data subject and the Head of Information Security, then the data subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
Data Security
Officewiz takes the security of personal data seriously. Officewiz will adopt physical, technical, and organisational measures to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.
Where Officewiz engages third parties to process personal data on its behalf, such parties do so based on written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data in line with prevailing data protection legislation and guidance from the Information Commissioner.
Officewiz will enter into an adequate processing agreement with the third party.  The agreement must require the data processor to protect the personal data from further disclosure and to only process personal data in compliance with Officewiz instructions.  In addition, the data processor will be required to implement appropriate technical and organisational measures to protect the personal data, procedures for providing notification of personal data breaches, and submit to audits and inspections by the data controller.
Impact Assessments

Data Breaches
A personal data breach means a breach of security leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.  If the Officewiz discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Officewiz will record all data breaches regardless of their effect.
If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
International Data Transfers
Personal data may be transferred to countries outside the EEA.  Data is transferred outside the EEA based where the organisation receiving the personal data has provided adequate safeguards in accordance with all applicable Data Protection laws and regulations.
Individual Responsibilities
Individuals are responsible for helping the Officewiz keep their personal data up to date. Individuals should let the Officewiz know if data provided to Officewiz changes, for example if an individual moves to a new house or changes his/her bank details.
Individuals may have access to the personal data of other individuals, customers and clients during their employment.  Where this is the case, Officewiz relies on individuals to help meet its data protection obligations.
Individuals who have access to personal data are required:
• to access only data that they have authority to access and only for authorised purposes;
• not to disclose data except to individuals (whether inside or outside Officewiz) who have appropriate authorisation;
• to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
• not to remove personal data, or devices containing or that can be used to access personal data, from the Officewiz's premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device; and
• not to store personal data on local drives or on personal devices that are used for work purposes.

Further details about Officewiz's security procedures can be found in its Information Security Policy.
Any member of staff who considers that this policy has not been followed in respect of personal data about themselves or others should raise the matter initially with their line manager, who is responsible for notifying the Head of Information Security.
Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under Officewiz's disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal.
Training
Training will be provided to all individuals covering their data protection responsibilities as part of the induction process and at regular intervals thereafter.
Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
Policy Maintenance
The Head of Information Security is responsible for the maintenance and accuracy of this policy.

 

 

 

 

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