MUSGRAVE GROUP

TERMS OF USE OF WEBSITES

1          GENERAL TERMS FOR USE OF SITES

1.1            WHO ARE WE?

Musgrave Limited trading as Musgrave Retail Partners Ireland Limited of Ballycurreen, Airport Road, Cork and/or Musgrave SuperValu Centra NI Ltd trading as Musgrave Northern Ireland of Belfast Harbour Estate,1-19 Dargan Drive, Belfast BT3 9JG (“Musgrave”, “we”, “our”, “us”) . We are committed to protecting and respecting your privacy. Our Privacy Policy is set out separately here and our cookie policy is set out here. Our data protection officer may be contacted by emailing dpo@musgravegroup.com.ie. This Policy (together with the Terms and Conditions for particular applications or services and any additional terms of use as may be applicable from time to time) applies to your use of Musgrave Web sites and any other provision of information to us by You including (but not limited to) the following Web sites: SuperValu.ie; centra.ie, musgrave.ie, musgravegroup.com, musgravemarketplace.ie; noshandco.ie, mood.ie, laroussefoods.ie, cjoloughlin.ie maceni.co.uk, daybreakireland.ie, frankandhonest.ie, chipmongers.com and any other Web sites to which these terms are extended (“Sites”) or services which are supplied to you through your use of the Sites (“Services”). YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE OF THE SITES INCLUDING THIS POLICY. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITES WITHOUT NOTICE OR LIABILITY

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Sites, including, without limitation, modems, hardware, software, and long distance or local telephone service. Any of the Sites may contain additional terms (for example conduct guidelines) that further govern the use of that Site, including without limitation particular features or offers (for example competitions). If any Terms and Conditions contained in this agreement conflict with any Terms and Conditions contained within a particular Site, then the Terms and Conditions in this agreement shall prevail. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

1.2            INTELLECTUAL PROPERTY

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by us or our suppliers. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

2          REAL REWARDS TERMS

Collecting Real Rewards Points (Points) in Store or Online

2.1            Real Rewards Key Fobs (“Key Fobs”) are issued by Us or your local SuperValu.

2.2            To collect Points a customer must present his/her Key Fob at the checkout during a transaction. To collect Points on purchases made with SuperValu online you will be required to quote your Real Rewards number.

2.3            There must be a total spend of at least €1 in a single transaction for that transaction to qualify for the collection of Points.

2.4            At the date of this Policy the redemption value of Points is one Point equals one cent. We reserve the right to vary the redemption value at any time.

2.5            Points and/or vouchers will only be awarded upon the purchase of Qualifying Products as defined in section 6 of this Policy Other products and ranges may be excluded at any time and without prior notice and such changes will be at the discretion of your local SuperValu store or Musgrave or as may be required by law.

2.6            Points collected cannot be exchanged for cash and cannot be sold or in any way traded. Redeemed Points cannot be used again.

 Money Back Vouchers

2.7            In order to qualify for vouchers entitling you to a reduction in your bill for products purchased from Us (Money Back Vouchers) you need to have accumulated a minimum of 250 Points in a collection period. (Musgrave reserve the right to vary the points collection period and the minimum level of points per collection period).

2.8            Money Back Vouchers greater than €5 will be mailed with a statement at the end of each collection period. Money Back Vouchers less than €5 will be made available via the App and Web only.

2.9            Money Back Vouchers expiry dates and terms and conditions can normally be found on the back of a voucher.

2.10         Insufficient Points to qualify for Money Back Vouchers/Points left over after your vouchers have been issued will be “carried over” to the next collection period.

2.11         You may nominate if you want to receive Money Back Vouchers electronically, to do this go to My Account.

2.12         Money Back Vouchers can only be redeemed on qualifying purchases in participating SuperValu stores in the Republic of Ireland, when shopping online with SuperValu and with Programme Partners. Key Fobs bearing the same serial number as the Money Back Voucher must be presented when redeeming. For purchases that do not qualify see section 3.5 above and the terms and conditions on the back of the Money Back Vouchers.

2.13         Money Back Vouchers may be used for full or part payment of a transaction, no change will be given. Money Back Vouchers cannot be exchanged for cash or gift cards.

2.14         Lost or stolen Money Back Vouchers can only be reissued provided they have not expired or they have not been cashed.

2.15         It is your responsibility to ensure all of your personal details are up to date and to contact the Real Rewards helpline if you have not received a Money Back Voucher mailing in 12 months.

Spend & Save Vouchers

2.16         Vouchers may be issued from time to time as an additional offer where a minimum amount of spend on qualifying products must be made in a single transaction to qualify for a price reduction or other benefit. e.g. Spend €70 & get €11 off. (Spend & Save Vouchers)

Collecting and Redeeming Points with Programme Partners

2.17         Points can also be collected by a customer where the customer transacts with one of Our programme partners (Programme Partners). Points are awarded when one of our Programme Partners tells us that you have undertaken a relevant transaction with them. Our Programme Partners determine the particular transactions on which Points can be earned and the number of Points to be earned per transaction. As our Programme Partners may change, an up to date list of Programme Partners is available for you to view at any time on www.supervalu.ie.  You will have to inform the Programme Partner of the Key Fob number in order for any Points to be awarded.

2.18.        Points collected when transacting with a Programme Partner are added to your Points balance, although this will not occur immediately and it may take a few days for your balance to be updated.

2.19         During a collection period Points earned can be redeemed for products/services/discounts offered by some Programme Partners before they are converted into Money Back Vouchers. Points redeemed in this way cannot be used again and will not qualify for Money Back Vouchers.

2.20         Transactions with Programme Partners and the collection of Points via Programme Partners are subject to all applicable rules and terms and conditions of the Programme Partner (e.g. booking, cancellation, returns, warranties etc.). We are not responsible for the delivery, standard, quality or otherwise of any goods and services received or supplied by the Programme Partner.

2.21         Points cannot be redeemed until they have been credited to your Key Fob. Programme Partners will take different periods to notify us of Points to be credited. We are not responsible for a failure, delay or error by a Programme Partner notifying us of Points to be collected.

Promotional Rewards

2.22         From time to time you may be able to earn tokens for promotional rewards (Tokens) such as, (but not limited to), local Christmas half price turkey and/or other types of local or national promotions (i.e. luggage, cutlery, glassware (Promotional Rewards)).

2.23         Tokens for Promotional Rewards are awarded when shopping in a participating SuperValu store when €1 is spent in a single transaction. One Token will be issued for every €1 spent. This rate may vary depending on the Promotional Reward on offer.

2.24         Tokens will only be issued for the duration of a Promotional Reward programme. Unused Tokens will expire when the Promotional Reward ends.

2.25         Enough Tokens must have been accumulated to cover the full requirements of individual Promotional Reward offers.

2.26         All Promotional Rewards are subject to availability and may be altered or withdrawn by us.

Local Offers

2.27         From time to time local offers may be available to Key Fob holders from local businesses (e.g. hairdressers, dry cleaners, restaurants etc.) through your local store and any specific terms to these offers will be available from your local store.

General Terms & Conditions for Real Rewards

2.28         Both your local SuperValu and Musgrave reserve the right to decline to issue or withdraw the Key Fobs/Points/Tokens at any time, or to alter, amend or terminate the Real Rewards Programme at any time without prior notice and participants in the Real Rewards Programme may be removed from the Programme at any time at the discretion of your local SuperValu or Musgrave.

2.29         All participants in the Real Rewards Programme must reside in the Republic of Ireland or Northern Ireland and must be at least 18 years old on the date of issue of their Key Fob.

2.30         The Key Fob is non-transferable. It can only be used by the original applicant or by a member of that applicant’s immediate family, provided they are over 18 years of age and reside at the same address as the applicant.

2.31         The Key Fob can be used in all SuperValu stores in the Republic of Ireland participating in the Real Rewards Programme.

2.32         The Real Rewards Programme is for consumer participation only.

2.33         The Key Fob is not a credit, payment or cheque guarantee card.

2.34         Key Fob holders are responsible for the proper use and security of the Key Fobs and the Points accumulated on them. If the Key Fob is lost or stolen you should contact the Real Rewards helpline immediately and a replacement Key Fob will be made available. It is the customer’s responsibility to make it known to the statement member providing the new Key Fob, that it is to replace a lost Key Fob, in order to allow them to transfer the balance from the lost Key Fob onto the new one. Musgrave will not be responsible or liable for any unauthorised use of Points or lost or stolen Money Back Vouchers and/or Tokens.

2.35         We may close any Real Rewards account on which no Points have been earned or redeemed for a continuous period of 12 months. A customer can close his/her account at any time by notifying us. When an account is closed the right to redeem points from that Key Fob will be lost.

2.36         The promoter of the SuperValu Real Rewards Programme is Musgrave Limited trading as Musgrave Retail Partners Ireland, Ballycurreen, Airport Road, Cork. Company Reg. No. 1776.

3          ONLINE SHOPPING TERMS

3.1            SuperValu Service: When you shop online at SuperValu or one of our other branded stores you’ll enjoy the same products as when you call into us for your shopping. If you have any queries you can ask in store or call us on LoCall 1890 456 828 or 01 9068880

3.2            SuperValu Online: When you shop online with us you are buying delivered goods from your local store (the “Store”) which you nominate at registration or when you begin shopping when you register or start shopping. Your order is sent through to the Store, the goods on your order are picked at that Store and then they are delivered to your home. There must be somebody of at least 16 years of age present to accept a delivery except where an order contains any alcoholic products when there must be a person of at least 18 years of age present to accept delivery. All prices on the Site are specific to your local Store and you will pay the same on-line as you would do in your local Store at the time the order is sent to you for delivery together with an additional amount to cover the cost of delivery and all delivery charges will be made clear to you on the website on which you make your purchases. The delivery charge will be made clear to you as soon as you confirm which Store you arer ordering from. In addition there is a minimum order value and you will be advised of this when you are making your orders. No payment will be taken and no delivery will be made for goods ordered below this minimum order value.

3.3            The on-lline shopping website and the ordering process are operated by Us to enable you to shop online in the same way as you would if you were in-store. Please be aware that while we will try to meet all orders placed through the Site, we reserve the right to refuse to accept any order at any time.

3.4            For more information on our online sales policies see our About Online Shopping page or the website on which you ordered your goods.

3.4            Quality of Products:  products will be picked to have the longest available shelf life. Where you are not happy with the quality of any of your products, please talk to your delivery person or contact our helpdesk to arrange for a refund and collection of the products. Please be aware that we cannot accept returns of fresh or perishable products or on products that have been packed specifically for you (for example meat products from our butcher), but where any product is not fit for its intended use we will arrange for a refund.

3.5            Substitution Policy:  On the rare occasion that we don’t have the item you have ordered we promise to substitute with the closest match available. If the substitute is less expensive you will of course only be charged for the cheaper item. If the substitute is more expensive you will have the opportunity to return the products to our delivery staff when they are delivered to you.

3.6            Customer Service: We promise to address any issue you have in relation to your use of this site for online shopping with your Store in a timely and courteous fashion.

3.7            Delivery Policies: If due to exceptional circumstances our delivery is going to be late getting to you, we will phone to ensure that you will be available to accept delivery or arrange an alternative delivery slot. If a customer is not present during the agreed delivery slot phone contact will be attempted to arrange an alternative delivery arrangement.

3.8            For help with SuperValu Online Shopping please call 1890 456 828 or visit our Help section.  These terms and conditions do not affect your statutory rights.

3.9            Registration:  In order to avail of SuperValu Online Shopping you are required to register with Musgrave for Real Rewards. You must complete the simple registration process and all the information supplied must be complete and accurate. You must supply a valid Real Rewards number or sign-up for Real Rewards as part of the registration process. You will be asked to choose a password, and the responsibility for maintaining the privacy of this account and password is entirely yours. Furthermore, you are responsible for all activities that occur under your registration and you agree to immediately notify SuperValu Online Shopping of any unauthorised use of your registration details or breach of security. All transactions made on the Sites are subject to the terms of this policy which will apply to all transactions using our on-line supermarket service

3.10         You may only use your own registration details, and cannot use anybody else's registration details without their prior express permission. You agree to notify us immediately of any unauthorised use or any other breach of security. By registering for our on-line supermarket Service, you agree and confirm that the details provided by you on registration, or at any time, are correct and complete. You must inform us of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.

3.11         Once set up, your registration will continue indefinitely, regardless of usage levels, unless terminated by you, or Musgrave. You can terminate your registration with SuperValu Online Shopping by contacting our Helpdesk. Musgrave can terminate your account registration without prior notice at the discretion of management. Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with our grocery service, you accept that your email address may be used to supply you with such information.

3.12.        Pricing: Please note that all listed prices are guide prices only. Prices charged will be those in the store on the day the order is scheduled for delivery. These prices may be higher or lower than those advertised. Please note that all offers and promotions available in Store will also be applied and our pickers are trained to always choose the best available value for an ordered product.  Where you consider that the difference between the actual price of goods and the guide price which was set out on this Site is unacceptable, your local SuperValu will provide a full refund on return of the goods. Your driver will be happy to discuss any issues you have or you can contact our Helpdesk. Prices displayed online are store specific and do not reflect the prices across all SuperValu stores. The weight of some goods may vary marginally from that ordered and the price may change to reflect actual weight - if it weighs a little less you pay a little less and if it weighs a little more you pay a little more.

3.13         All prices charged and all prices set out on this Site are inclusive of VAT. Service charges (Delivery or Collection) where applicable will be added to the total price of all goods and are not included in individual item prices.

3.14.        Availability of Items.  Your local SuperValu is constantly working to ensure that only items available in Store are shown online, however neither your local SuperValu store nor Musgrave can guarantee availability of any item, and cannot be held liable for non-delivery of unavailable items. Your local SuperValu will when possible, substitute unavailable items with similar items or identical items in alternative quantities unless instructed otherwise. Any substituted items will be clearly marked on your delivery docket and the delivery staff will notify you of these items. You will have the opportunity to accept or refuse these substituted items and will be refunded for any items you do not accept and return to the delivery staff. Substituted items will be charged at the price of the substitute item in the Store on the day of delivery. Customer Quotas may apply on promotional lines.

3.15         We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3.16         Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those that we consider are for commercial or non-domestic purposes, or subject to onward delivery by a 3rd party.  Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

3.17         We are unable to offer a discount on bulk purchases or fulfil orders for wholesale purposes. Your order is for your own use as a consumer, and is subject to normal pricing and availability while stocks last.

3.18         Transactions involving alcohol may only be made during normal licensing hours.

3.19 Quality of Produce.    All of our fresh products will be expertly picked to have the longest available shelf life. Where you are not happy with the quality of any of your products, we are happy to arrange a refund. This can be arranged at the time of the delivery by bringing it to the attention of the delivery staff, or by contacting the Helpdesk. Please be aware that we cannot accept returns of fresh or perishable products or on products that have been packed specifically for you (for example meat products from our butcher), but where any product is not fit for its intended use we will arrange for a refund.

3.20 Delivery:        For your security, SuperValu Online Shopping will deliver only to the address given for any particular order. There must be a person over 16 years of age to sign for each order. Where there are any alcoholic products in an order then the person who signs for the order must be over 18 years of age. Delivery will not be made to public areas such as driveways, yards, apartment stairways or vehicles. Only occupied residences will be accepted for delivery.

3.21         Only addresses within specified townlands or areas in the delivery area of your local Supervalu store will be accepted for delivery. Where an order is accepted to an address to which delivery is not possible, contact will be made and no charge will be made. Neither SuperValu nor Musgrave will be liable for any non-delivery. All region maps on our Site are for guidance only and should not be considered binding. If you feel your area should be included for delivery, please talk to your local SuperValu; they’ll do everything they reasonably can to accommodate you.

3.22         Delivery will be made any time during the agreed delivery period. Where a delivery is attempted but not possible, the delivery staff will leave notification of attempted delivery and will make contact to re-arrange. A charge may apply where a return visit is required for delivery, however every attempt will be made to deliver without a need to re-charge. Please note that where your order includes alcoholic drink or any other product that is regulated by the Intoxicating Liquors act, delivery may only be made within certain hours. The times at which such products can be delivered are set out below. This term is subject to change, at our discretion and/or at the discretion of the individual store or if there is a change in the law.

Day                                                                Opening                   Closing

Monday to Saturday                              10.30 a.m.              10.00 p.m.

Sunday and St Patricks Day                 12.30 p.m.              10.00 p.m.

Eve of Good Friday                                 10.30 a.m.              10.00 p.m

Good Friday                                               Closed                       Closed

23rd December (if it falls on a Sunday)10.30 a.m.        10.00 p.m.

Christmas Eve                                           10.30 a.m.              10.00 p.m.

Christmas Day                                           Closed                       Closed

Whilst every endeavour will be made for a timely delivery SuperValu will not be liable for any late delivery caused by circumstances beyond our control. In the case of a late delivery contact will be made to ensure that delivery can be made at a suitable time.

3.23. Voucher Redemptions:             Standard terms and conditions apply to Online voucher redemptions. The voucher entitles the owner to the discount value promoted if the minimum spend is above the threshold indicated on the promotional piece. The minimum spend can only be earned through spend on Qualifying Products as defined in Section 6 of these terms and conditions. Discount cannot be applied retrospectively. One of each voucher valid per customer only. Validity dates apply to date of delivery. Enter the code provided at the online checkout to receive your discount.

3.24. Proof of Age:                You must be capable of proving that the person accepting delivery of the goods is over the age of 16 or over the age of 18 where the order contains any alcoholic drink or other product governed by the intoxicating liquors act, to the satisfaction of the person delivering the goods on behalf of SuperValu. The acceptability of the proof provided will be at the absolute discretion of the person delivering the goods on behalf of SuperValu. If you will not be there for your allocated delivery time, please either change your delivery time or contact the Helpdesk as no goods will be delivered without satisfactory proof of age being provided where requested.

3.25. Returns / Exchanges:                 If you have a problem with anything you buy using SuperValu Online Shopping we will be happy to arrange a refund/exchange where appropriate. Any problem with goods noticed at time of delivery should be brought to the delivery staff’s attention immediately. Any problems noticed after delivery should be reported to the Helpdesk who will be happy to arrange a refund or replacement. Please be aware that we cannot accept returns of fresh frozen or perishable products or on products that have been packed specifically for you (for example meat products from our butcher) or on baby food, newspapers and magazines, but where any product is not fit for its intended use we will arrange for a refund. We will not be responsible for any loss or damage caused to the goods after delivery. Otherwise, our liability to you shall be limited in contract and/or tort to the value of the order only, unless we have been negligent and that negligence has caused death or personal injury.

3.26         We reserve the right to remove Real Rewards Points from returned items.

3.27         Not all of our stores take part in our online delivery service.  It may be that your local store isn't the delivery store for your area. Each store has its own range tailored to its size and customer base, so sometimes products are available in your local store but not in the store which delivers your online shopping.

3.28 Contract        No contract will exist between you and the local SuperValu store for a sale to you of any product or service unless and until the goods are delivered and signed for by you (or your authorised representative) to the satisfaction of your local SuperValu Store. Your order is an offer to buy from your local SuperValu Store and nothing we do or say will constitute an acceptance of that offer until we actually deliver the goods to you. At any time up to then we may decline to supply you with any products without giving any reason. All deliveries are at the sole discretion of your local SuperValu store and any order can be refused at its discretion. Payment will be processed in-store between the time of picking and delivery. Payment is only acceptable by Credit or Debit cards accepted in-store.

3.29 Changes to Terms & Conditions:              Musgrave and your local SuperValu reserve the right to change the terms, conditions, and notices under which SuperValu Online Shopping services are offered. You are responsible for regularly reviewing these terms and conditions and for additional terms posted on this Site.

3.28 Linked / External Sites:              We may from time to time provide links to other sites (Linked Sites). The information contained on Linked Sites, including but not limited to the price of goods and services supplied, is the responsibility of those third parties and you undertake to separately adhere to and review the terms and conditions and privacy statement of those sites. Neither Musgrave nor your local SuperValu accepts any liability in relation to the information or charges of Linked sites.

3.29         You may receive information from time to time from Musgrave or your local SuperValu, please see our privacy policy at Section 3 above for further details. You can unsubscribe from this informational service at any stage.

3.30         Unsubscribing. To unsubscribe from SuperValu emails and text messages, follow the unsubscribe instructions at the end of every email and text message. To unsubscribe from SuperValu emails, click the "To Unsubscribe click here" link at the bottom of any email. To unsubscribe from text messaging from SuperValu, text the word REMOVE to 50015 (Do not reply to the text message). Alternatively, you can change your privacy options in your account details.

3.31         RE-subscribing. To resubscribe to SuperValu emails and text messages simply log into your account here and check the boxes for receiving email and text messages. Double check your email address and mobile phone number are correct and update your details by clicking the Update Account button at the bottom of the page. It will take up to 4 days to begin receiving email or text messages from SuperValu again.

4          INSURANCE TERMS

4.1       General

This Terms of Business document is intended to give you important information concerning our approach to arranging insurances for customers and how we handle your insurance.  If any points are unclear, please contact us on 1890 11 11 11 or email supervalu.insurance@musgrave.ie  for Home, Motor and Travel.

The terms and conditions of our insurance offerings are set out atsupervalu.ie/insurance

5          E-SHOPS TERMS

5.1            We maintain our e-shops Site as a service to its visitors. By using this Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right from Us to obtain information from or otherwise use this Web site. Failure to use this Site in accordance with the following terms of use may subject you to civil and criminal penalties. 

5.2            Our e-shop Site and the Sites may contain links to other Web sites that are not under the control of Musgrave.  Musgrave has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites' users.

Limited Right to Use

5.3            You may only use this Site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).

Editing, Deleting and Modification

5.4            We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.

Accuracy of Information

5.5            Product specifications and other information have either been made accessible by suppliers, manufacturers, retailers, publications, publicists; or been gathered from public-domain sources. Our intention is that all information on our e-shops website should be as accurate and up-to-date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. We try insofar as is possible to ensure the accuracy of product and pricing information displayed on our site. However, we urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. e-shops.com cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided. We can also not be held responsible for any loss or damage resulting from any business conducted with any company listed on e-shops.com. If you want to report an error or have any questions please contact Us at https://supervalu.ie/about/contact-us.

No Endorsement

5.6            Mention of third-party products or services being sold by third parties through our e-shops Site (Vendors), including the use of trademarks or links to the web sites of Vendors, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with e-shops.com.

Payment

5.7            There is no charge payable to e-shops.com for use of the e-shops Site during the continuance of these Terms and Conditions. We shall have no responsibility for transmission of funds due to any third party Vendor provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party Vendor provider or distributor.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

5.8       THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH OUR E-SHOPS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, E-SHOPS.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

6          GENERAL

6.1            We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any Service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.  We also reserve the right to change the terms of this Policy from time to time.  Any changes we may make to this Policy in the future will be posted on www.musgrave.ie and where appropriate, notified to you in the context of your use of the Services.

6.2            For the purposes of these Terms and Conditions the term Qualifying Products means products sold by us other than Lotto and lottery tickets, phone top-up vouchers, call cards, GAA tickets, gift vouchers, postage stamps, savings stamps, tobacco products, certain medicines and infant formula products. No Real Rewards Points will be earned in respect of purchases of products which are not qualifying Products and any requirement for a minimum spend in relation to any offer or voucher must be met through the purchase of Qualifying Products other than in respect of the minimum order requirement for online shopping.

6.3            If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

6.4            Our failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of those or any other rights or remedies.

6.5            Neither Musgrave nor any Musgrave affiliated retailer shall be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident.

6.6            Site Usage:             As a condition of your use of the Sites and/or the Services, you will not use the Sites/Services for any purpose that is unlawful or prohibited by these terms and conditions.

6.7              You may not use the Site in any manner which could damage, disable, overburden or impair any Site/Service or interfere with any other parties use and/or enjoyment of those Sites/Services

6.8             You may not attempt to gain unauthorised access to the Sites or Services, other accounts, computer systems and networks connected to any Site/Services, through hacking, password mining or any other means.

6.9             Neither Musgrave nor your local SuperValu will be liable for any costs incurred by you to access the Site such as telephone, computer or other.

6.10         Privacy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy which is incorporated into these terms by this reference. In accessing this Site each user accepts that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, we cannot guarantee the privacy or confidentiality of any information relating to any user passing over the Internet.

6.11         Availability of Services: Neither Musgrave nor any Musgrave retailer can be held liable for any interruption in the availability of the Site or the availability of delivery with respect to the supply of delivered goods or other Services provided by Musgrave or your local Musgrave retailer and any inconvenience or loss this may cause other than as may arise under law or under these terms and conditions. In particular, on-line shopping and e-shop Services are provided on an “as is” and “as available” basis and we cannot guarantee that the service will be fault free.

6.12         Limitation of Warranties: Neither your local Musgrave Retailer nor Musgrave makes any representations or warranties of any kind, whether express or implied, as to the operation of the Sites (including this Site), the information, content, materials or products, included on or in their sites/services. To the full extent of the applicable law, Musgrave and your local Store disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Musgrave nor your local Store will be liable for any damages of any kind arising from the use of the Sites and/or the Services including (but not limited to ) the SuperValu Online Shopping service, and including (but not limited to) direct, indirect, consequential, incidental and punitive damages except in respect of death or personal injury caused by a negligent act or omission of Musgraves or your local Store. No oral advice or written information given by Musgrave, its affiliates, agents, directors, employees. agents, or the like, shall create a warranty, nor shall you rely on any such information or advice. Nothing in this paragraph applies to Musgrave or its local retailer’s liability in respect of products sold to You.

6.13         Miscellaneous: We are pleased to hear from users and welcome your comments regarding products sold by us and/or the Services and/or the Sites (“Comments”). You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Musgrave or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We. take no responsibility and assumes no liability for any Comments posted by your or any third party.

6.14         All materials incorporated in or accessible through the Sites, including, without limitation, text, prices, product details, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Musgrave Retail or its permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Sites in the ordinary course or as a resource for purchasing the products and/or services offered through the Sites. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trade marks on the Sites may not be used without our prior written permission. Any person wishing to link to any of the Sites should contact us, to apply for consent to make such a link. Making use of other facilities that may be provided on the website, use of any automated system or software to extract data from this website for commercial purposes (“screen scraping”) is prohibited, except in cases where third parties have entered into a written Licence Agreement directly with Musgrave which permits that third party to access Musgrave’s price, product details and other information for the sole purpose of price comparison.

Musgrave, Musgrave Marketplace, SuperValu, Centra and Daybreak are Registered Trade Marks of Musgrave.

6.15         The terms of this Policy and this Agreement shall be governed by the laws of Ireland without regard to choice of law principles and the courts of Ireland shall have jurisdiction to hear any dispute in relation to it. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Musgrave's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

CONTACT US

Questions, comments and requests regarding this Policy are welcomed and should be addressed to dpo@musgrave.ie