Terms & Conditions of Service
TERMS & CONDITIONS OF SERVICE
COPYRIGHT NOTICE: All graphic images, photographs, videos and written text on this website, and in all Benz Softwash Ltd publications and on all Benz Softwash Ltd products, are the legal intellectual property of Benz Softwash Ltd.
Copying of any such intellectual property, including unauthorised publication on another website, social media, email, or online or offline advertisement, is expressly forbidden without the prior written consent of Benz Softwash Ltd and is illegal under international copyright law.
TRADE PRODUCTS
SHORT DESCRIPTION: Benz Bio Cleanze and Benz Lightning Cleanze are not for sale to the general public and are intended for trained professional use only.
All biocide products are only for sale to customers over the age of 18.
Trade exclusivity does not apply to other Benz Softwash products. The general public, and all organisations, are free to purchase all other Benz Softwash products.
DETAILED DESCRIPTION: Under EU, IE, and UK regulations Benz Bio Cleanze and Benz Lightning Cleanze are available only to bona-fide tradespeople and companies, who have the necessary understanding and training in their safe use and application.
These products are clearly represented as being for TRADE SALES ONLY on the relevant Product Page Descriptions. These products are not for sale to the general public and any attempt to purchase by a member of the public will be refused.
Formulations allowed by EU, IE, and UK regulations to be sold to the general public are not marked as being for TRADE SALES ONLY on their Product Page Descriptions. Purchases by the general public, and all organisations, of these products are welcomed. They can also be used by the staff of cleaning contractors and property maintenance companies.
Safe use: Always treat a test patch on a customer's property before using any chemical cleaning product and obtain your customer's agreement that the effect of the applied chemical is acceptable and safe for the surface before cleaning the entire property. Always adhere to our SDS and follow our product labelling instructions, and guidance on this website, to ensure protection of our environment and avoidance of human and animal injury.
DELIVERY DELAYS
We cannot be held responsible for any Liquidated Damages or other contractual penalties or for delays in shipping or receiving of product or for any other delay or problem including any costs incurred in receiving of product whatsoever and howsoever caused.
HEALTH & SAFETY GUIDELINES
* Do not pour water into undiluted biocide. Always half-fill your tank with water, add the required quantity of biocide, then complete filling your tank with water.
* NEVER mix Lightning Cleanze/Tornado Cleanze with Bio Cleanze/Perma Cleanze because toxic chlorine gas may be produced.
* ALWAYS thoroughly rinse application equipment and tanks before changing from Lightning Cleanze/Tornado Cleanze to Bio Cleanze, and vice-versa.
* The public, customers, children and animals should be excluded by barriers and tape from areas where spraying, mixing and storage of chemicals is taking place.
*Children and animals must be excluded from the treated area until the chemical treatment is COMPLETELY dry (in the case of Bio Cleanze/Perma Cleanze) and FULLY rinsed and declared safe in the case of Lightning Cleanze/Tornado Cleanze.
* Barriers and human safety "spotters" must be positioned either side of the working area to ensure the general public, customers, children and animals do not gain access.
* Apply Bio Cleanze at a maximum dilution of 50:1 – and Perma Cleanze at 4:1 – on horizontal surfaces that children and animals may walk or play on.
* Brush away all "pooling" to allow the surface to dry completely.
* Use respiratory protection in confined or poorly ventilated areas: Appropriate breathing apparatus, as designated in the relevant product SDS, must be worn if biocides are used in a confined or poorly ventilated area.
The purchaser and/or end users are solely responsible for ensuring that these products are used in line with industry Approved Codes of Practice. All operators must be trained in using and applying any Ministry Approved professional product. Always read the label and product information before use. Please be aware that by proceeding you are purchasing a professional biocide product. You must ensure the end user of these products complies with the PRCD/HSE Code for the safe use of biocides. By law, everyone who uses biocides professionally must have received adequate training in using biocides safely and be skilled in the work they are carrying out.
When working with chemicals always keep equipment and personal protection equipment (PPE) clean. Take care to protect yourself from accidental contact with your eyes and skin.
We recommend wearing chemical resistant protective gloves, chemical resistant clothing that covers your whole skin surface, and a full face visor that includes protection for your hair. Wash all PPE with fresh water before breaks, smoking, eating and at the end of the working day.
Test areas: With their prior permission always treat a test patch on a customer's property before using any chemical cleaning product and obtain your customer's agreement that the effect of the applied chemical is acceptable before cleaning the entire property.
During use and application always adhere to the SDS and follow the product labelling instructions and the product information supplied on this website to ensure protection of our environment and avoidance of injury to humans and animals.
Training: Study the written and video how-to guides published on the Benz Softwash Ltd website before using and applying any product you purchase from us. We are happy to clarify any questions arising about the use and application of our products – contact us by email via the Contact Page of this website.
By reading these Terms & Conditions of Service and continuing with your purchase of Benz biocides you confirm that you have received appropriate and adequate training in the handling and use of biocides and other chemical products you may buy from Benz Softwash Ltd.
RETURNS POLICY
In general our products are sold on a "Non-returnable, Non-Refundable" basis. This applies absolutely to all chemical products.
However, in certain circumstances, and entirely at our discretion, we may offer a "goodwill" refund of the price paid – minus all our shipping and handling costs – on certain non-chemical, non-book products. Postage for returning products is the responsibility of the customer. This policy lasts for a maximum of 30 days. If 30 days have gone by since a purchase we cannot offer a refund or exchange.
To be eligible for a return, an item must be UNUSED and in the SAME CONDITION in which a customer received it. It must also be in the ORIGINAL PACKAGING and be suitable for RE-SALE.
Several types of goods are exempt from being returned:
Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products for return that are intimate or sanitary goods, hazardous materials, BIOCIDES, CLEANING CHEMICALS, AND CLEANING PRODUCTS OF ANY KIND, or flammable liquids or gases.
Additional non-returnable items:
* Gift cards
* Downloadable software and digital products
* Some health and personal care items
* BENZ SOFTWASH EQUIPMENT that has been damaged, used or tested in any way
* Books in any condition
* CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
* Any item not in its original condition, is damaged, or missing parts for reasons not due to our error, and is thus not suitable for resale
* Any item that is returned more than 30 days after delivery
To complete your return, we require that you send us your receipt or proof of purchase.
Do not send a purchased product back to the original manufacturer.
Refunds (if applicable):
Once a return is received and inspected, we will send an email notification that we have received the returned item. We will also send email notification of the approval or rejection of a refund.
If a refund is approved, then it will be processed and a credit automatically applied to the credit card or original method of payment as soon as possible.
Late or missing refunds (if applicable):
If a refund notification has not been received, first check the relevant bank account again.
Then contact the relevant credit card company as it may take some time before a refund is officially posted.
Next contact the relevant bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund, please contact us at sales@benzsoftwash.com
Sale items (if applicable): Only regular priced items may be refunded. SALE ITEMS CANNOT BE REFUNDED.
Exchanges (if applicable):
WE ONLY REPLACE ITEMS THAT ARE DEFECTIVE OR DAMAGED. If you want to exchange it for the same item, send us an email at sales@benzsoftwash.com and send your item to: Benz Softwash Ltd., Corkbeg Terrace, Trabolgan Road, Whitegate, Middleton, Co Cork, Ireland, P25 PR50.
Gifts: If the item was marked as a gift when purchased and shipped directly, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he or she will find out about your return.
Returns address: To return your product, you should mail your product to: Benz Softwash Ltd., Corkbeg Terrace, Trabolgan Road, Whitegate, Middleton, Co Cork, Ireland, P25 PR50.
SHIPPING/POSTAGE COSTS: You will be responsible for paying for your own shipping/postage costs for returning your item. SHIPPING COSTS ARE NON-REFUNDABLE. If you receive a refund, the cost of shipping will be deducted from your refund.
The time it may take for your exchanged product to reach you may vary depending on the geographical location of your address.
Tracking: You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item and will not be responsible for any losses or damage incurred during transit or for it's non-arrival at our premises.
FRANCHISES
Benz Softwash Limited is not a franchise opportunity and is not promoted as such. Therefore our customers are free to promote their legal and financially independent businesses without the limitations of geographical territories or any other limitations to the marketing of their professional services.
While we are happy to answer our customer's questions and share our experience of the best soft wash practices – and are more than willing to do what we can to help and support our customers – we cannot offer the level of marketing and general business support offered by a franchisor.
Similarly, we do not promote our customer's independent businesses for them, nor offer exclusive territories or rights. Our professional customers value their independence and freedom from all legal, geographical, and other contractual obligations to Benz Softwash Limited.
OVERVIEW
This website is operated by Benz Softwash Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Benz Softwash Ltd. Benz Softwash Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read our Terms & Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our GDPR Privacy & Cookie Policy is available on this site.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2a – TRADE PRODUCTS
Under EU, IE, and UK regulations certain strong formulations of Benz Bio Cleanze, Benz Lightning Cleanze and other chemical products we create and sell, are available to bona-fide tradespeople and companies only whom have the necessary understanding and training in their safe use and application. These products are clearly represented as such in the relevant Product Descriptions. These products are not for sale to the general public and any attempt to purchase by a member of the public will be refused.
Formulations that are allowed by EU, IE, and UK regulations to be sold to the general public are also clearly described as such in the Product Descriptions. Purchases by the general public of these products are welcomed.
Always treat a test patch on a customer's property before using any chemical cleaning product and obtain your customer's agreement that the effect of the applied chemical is acceptable before cleaning the entire property. Always adhere to our product SDS and follow our product labelling instructions, and guidance on this website, to ensure protection of our environment and avoidance of human and animal injury.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon, or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own discretion and risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. But we cannot guarantee that your computer monitor's display, or photographic representation, of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction of our choosing. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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, per company, 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control over nor input into.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may, at any time, offer new services and/or features and/or products through the website. All such new features and/or services and/or products shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We cannot be held responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We cannot be held liable for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g. contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us 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 assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please familiarise yourself with our Privacy Policy if you have any doubts about the wisdom of proceeding with the use of this website and purchasing our products.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after an order has been submitted).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole discretion and risk.
The Service and all products and services delivered through the Service are (except as expressly stated by us) provided "as is" and "as available", without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Benz Softwash Ltd., our directors, officers, employees, affiliates, consultants, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred by yourself or any third party as a result of the use of the service or any content (or product) posted, transmitted, sold, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
DELIVERY DELAYS
We cannot be held responsible for any Liquidated Damages or other contractual penalties or for delays in shipping or receiving of product or for any other delay or problem including any costs incurred in receiving of product whatsoever and howsoever caused.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Benz Softwash Ltd and our parent, subsidiaries, affiliates, partners, consultants, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or from the incorrect, illegal, or unprofessional use of any of our products in any way whatsoever and howsoever caused.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
SECTION 19 - CHANGES TO TERMS & CONDITIONS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – LEGAL DISCLAIMER
Always do your own research and consult a qualified solicitor, accountant, or other relevant professional about any regulatory and legal matter concerning your independent business before making financial and business decisions and before taking actions that could impact yourself, employees, sub-contractors, customers, children, animals and the general public.
All legal and legislative information on this website was obtained from various European Union, Irish and UK Government agencies. Downloading and use of this information and relevant product information does not mean in any way however or whatsoever, and does not imply in any way however or whatsoever, that we are offering legal advice, and should not be construed in any way however or whatsoever to mean that we could be acting as your authoritative and competent legal or professional adviser.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via support@benzsoftwash.com or mailed to Benz Softwash Ltd., Corkbeg Terrace, Trabolgan Road, Whitegate, Midleton, Ireland, P25 PR50.