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Terms & Conditions
Terms & Conditions
Your Use of This Web Site Is Governed by These Terms and Conditions.
Please take a few minutes to review these Terms and Conditions. In consideration of your use of and access to this Internet site (the "Eireskids.com website"), and the promises and obligations herein, and intending to be legally bound, YOUR USE OF THE Eireskids.com WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE RULES AND TO BE BOUND BY THEM. If you do not agree with any of these Terms and Conditions, do not use the eireskids.com web site.
This Web Site Is Owned and Operated by Eire's Kids Ltd. The mailing address for the eireskids.com web site is:
Eire's Kids Ltd
Deerpark Industrial Estate
Co. Galway, Ireland.
Telephone: 00353. 87.9977268
These Terms and Conditions May Change
Eire's Kids Ltd reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the eireskids.com web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
These Terms are effective until terminated by Eire's Kids Ltd. Eire's Kids Ltd may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the eireskids.com web site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination
Eire's Kids Ltd shall also have the right without notice and at any time to terminate the eireskids.com web site or any portion thereof, or any products or services offered through the eireskids.com web site, or to terminate any individual's right to access or use the eireskids.com web site or any portion thereof.
All of the content you see and hear on the eireskids.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Eire's Kids Ltd, one of its affiliates or by third parties who have licensed their materials to Eire's Kids Ltd. The entire content of the Eire's Kids Ltd ( eireskids.com ) web site is copyrighted as a collective work under copyright laws, and Eire's Kids Ltd owns a copyright in the selection, coordination, arrangement and enhancement of the content. Eire's Kids Ltd has carried out specific enhancement and other qualitative techniques and processes in ensuring images of appropriate dimensions, file size and quality. No part, segment or piece of any photographic image or data, no matter how small, may be used or merged in connection with other images or artwork so as to create a new image.
The content of the eireskids.com web site, and the site as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the content, provided (1) no specific restrictions are displayed, (2) you only use these copies of the content for your own personal, non-commercial use, (3) do not copy or post the content on any network computer or broadcast the content in any media, and (4) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Eire's Kids Ltd reserves complete title and full intellectual property rights in any content you download from this Web site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Eire's Kids Ltd.
The user shall indemnify and keep fully indemnified Eire's Kids Ltd from and against all actions, proceedings, claims, demands, costs (including any legal costs or expenses properly incurred and any compensation costs and disbursements paid by the user on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach by the user of any of the user's undertakings, warranties or obligations under the above conditions.
Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Eire's Kids Ltd of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Eire's Kids Ltd, and is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Links to eireskids.com web site from Third Party sites
Any hyperlinks to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
Prices, Orders and Correction of Errors
Prices displayed on the eireskids.com site may be quoted in a range of currencies. Eire’s Kids Ltd may restrict delivery to addresses within certain geographical areas, as specified from time to time. Eire's Kids Ltd will add shipping and handling fees and applicable sales/use tax. Eire’s Kids Ltd reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the eireskids.com web site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the eireskids.com web site do not imply endorsement of that product or service, or constitute a warranty, by Eire's Kids Ltd.
The receipt by you of an order confirmation does not constitute Eire’s Kids Ltd.'s acceptance of an order. Prior to Eire’s Kids Ltd.'s acceptance of an order, verification of information may be required. Eire’s Kids Ltd reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Eire's Kids, for any reason. Eire’s Kids Ltd reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Eire’s Kids Ltd shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Eire’s Kids Ltd shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Promotion and Offers
Promotions and offers at Eire's Kids Ltd retail outlets may not always be available on the eireskids.com web site and promotions and offers listed on the eireskids.com website may not always be available at Eire's Kids retail outlets. Individual promotions or offers are not available in conjunction with other separate individual promotions or offers.
The eireskids.com payment pages uses encryption technology to provide security of payments. SSL (Secure Socket Layer) transactions can take advantage of encryption technology. Eire's Kids Ltd has taken precautions to ensure the security and confidentiality of the customer's transaction and cannot guarantee beyond this. The user agrees that the payment information provided by him may be held by Eire’s Kids Ltd and may only be given to payment partners (such as a bank) and only to any other party with the users express permission (save where the laws of the citizenship, domicile or residence of the user prohibit such information).
Claims must be made within 30 days of ordering. Claims not brought within 30 days of ordering are excluded and no liability shall be accepted under any circumstances in respect of such claim.
Disclaimers and Limitation of Liability
Users of this website expressly agrees that use of eireskids.com web site is at the user's sole risk. Neither Eire's Kids Ltd, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the eireskids.com web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of eireskids.com web site.
Whilst every effort has been made to ensure the accuracy of the information and material contained on the eireskids.com web site, Eire’s Kids Ltd, its directors, employees or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided on the eireskids.com web site or service, or merchandise provided through the eireskids.com web site and does not accept any liability whatsoever arising from any errors or omissions.
THIS SITE IS PROVIDED BY EIRE'S KIDS LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. EIRE'S KIDS LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EIRE'S KIDS LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EIRE'S KIDS LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EIRE'S KIDS LTD NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Eire's Kids Ltd. will accept no liability or responsibility for any loss or damage arising as a consequence of delayed delivery or non-delivery of orders. Under no circumstances shall Eire's Kids Ltd, its suppliers or their respective directors, officers, employees or agents or any other party involved in creating, producing, or distributing the eireskids.com web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the eireskids.com web site, including but not limited to reliance by a user on any information obtained from the eireskids.com web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Eire's Kids Ltd records, programs, or services, whether or not damages are based on statute, contract, tort, or any other legal cause, and whether or not Eire’s KidsLtd is advised of the possibility of such liabilities. Users of the eireskids.com web site hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the eireskids.com web site. Because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and states liability is limited to the fullest extent permitted by law.
We welcome your comments regarding the eireskids.com web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to the eireskids.com web site shall be and remain the exclusive property of Eire's Kids Ltd. Your submission of any such comments shall constitute an assignment to Eire's Kids Ltd of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Eire's Kids Ltd will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We have done our best to display as accurately as possible the colours of the products shown on the eireskids.com website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
You agree to defend, indemnify, and hold harmless Eire’s Kids Ltd.'s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the eireskids.com. The foregoing indemnification obligation shall survive termination of these Terms and the eireskids.com web site and any product or service provided to you arising out of or relating to your use of the eireskids.com web site.
Eire's Kids Ltd respects your right to privacy
. As part of the operations of the eireskids.com web site we will retain certain information including your name, address, phone numbers, e-mail address, IP address, billing address and shipping address and product selection.
This information will be retained in accordance with our obligations under the Irish Data Protection Acts. Eire's Kids Ltd. may use your personal data for the following purposes:
* to fulfil your order;
* if there are any queries on your order or if there is a problem with fulfilling your order;
* to advise you of any promotional offers that may be of interest to you;
* to facilitate ease of use of eireskids.com web site by you so that you do not have to input all your details again should you re-visit the eireskids.com web site;
Eire's Kids Ltd may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mails, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer services. Such companies and individuals will have access to personal information needed to perform these functions, but may not use it for any other purposes and are required to process the data in accordance with the Irish Data Protection Act 1988.
Your information will be held by Eire's Kids Ltd (or its successors, assigns or purchasers). If you do not wish to receive information from Eire’s Kids Ltd. about our promotional offers from time to time please email firstname.lastname@example.org to remove.
Eire's Kids Ltd. shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Any disputes, claims or proceedings arising out of or in any way relating to the eireskids.com web site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the eireskids.com web site. Without prejudice to the foregoing, Eire’s Kids Ltd. may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Eire's Kids Ltd. may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.