General Terms & Conditions
Welcome to Emily Dublin. The terms "we", "us" and "our" refer to Emily Dublin. Emily Dublin operates this store and website, including all information, content, features, tools, products and related services, in order to offer you a considered shopping experience (the "Services"). Emily Dublin is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions set out below, together with any policies referenced in this document (these "Terms and Conditions" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty exclusions and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions and by our Privacy Policy https://emily-dublin.com/pages/privacy-policy. If you do not accept these Terms and Conditions or the Privacy Policy, you must not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By accepting these Terms and Conditions, you confirm that you are at least the age of majority in your country or region of residence, and that you have given us your consent to allow any minor in your care to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all the necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those represented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Emily Dublin reserves the right to accept or reject your order for any reason, at its discretion. Your order is not considered accepted until Emily Dublin confirms such acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Emily Dublin may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting you via the email address, billing address and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy https://emily-dublin.com/pages/refund-policy
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
SECTION 4 — PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless otherwise stated, published prices do not include taxes, shipping, handling, customs or import charges.
The prices published in our online stores may differ from the prices offered in physical stores or in online stores or other outlets operated by third parties. From time to time we may offer promotions on the Services that could affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the card information you provide is true, correct and complete, (ii) you are duly authorised to use such card for the purchase, (iii) the charges you incur will be honoured by your card issuer, and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade marks, brands, text, presentations, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are the property of Emily Dublin, its affiliates or licensors, and are protected by patents, copyright and other applicable intellectual property laws.
These Terms permit you to use the Services solely for personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a licence or other rights under any patent, trade mark, copyright or other intellectual property of Emily Dublin, Shopify or third parties. Unauthorised use of the Services may constitute an infringement of applicable intellectual property laws. All rights not expressly granted herein are reserved to Emily Dublin.
The names, logos, product and service names, designs and slogans of Emily Dublin are trade marks of Emily Dublin or its affiliates or licensors. You must not use such marks without the prior written consent of Emily Dublin. The Shopify name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trade marks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranty, representation or condition of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use you make of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms and Conditions.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not responsible for any damage or loss related to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, requests, concerns or questions relating to third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Emily Dublin is powered by Shopify, which enables us to provide you with the Services. However, any sale and purchase made in our Store is made directly with Emily Dublin. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Emily Dublin, including any damage, loss or liability arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Emily Dublin.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here https://emily-dublin.com/pages/privacy-policy, and some personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. The information you submit to the Services will be transmitted to and shared with Shopify and with third parties who may be located in countries other than the one in which you reside, in order to provide you with services. Please see our Privacy Policy https://emily-dublin.com/pages/privacy-policy for more details on how we, Shopify and our partners use your personal information.
SECTION 11 — COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, the "Comments"), you grant us a perpetual, worldwide, sub-licensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium and for any purpose, including commercial use. We may, for example, use our rights under this licence to manage, provide, evaluate, improve and promote the Services.
You further represent and warrant that: (i) you own or have all the necessary rights to all the Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of Comments; and (iii) your Comments will comply with these Terms. We are not and will not be obliged to (1) keep your Comments confidential; (2) pay any compensation for your Comments; or (3) respond to your Comments.
We may, but are not obliged to, monitor, edit or remove Comments that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringe the intellectual property of any party or these Terms and Conditions.
You agree that your Comments will not infringe any third-party rights, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene content, nor computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you provide and for its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or about the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, 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 is inaccurate at any time without prior notice (even after you have submitted your order).
SECTION 13 — PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach local, international, federal, provincial or state regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Emily Dublin, Shopify or the users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, or engage in phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services (or any part of it) at our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Warranty Exclusion, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that, by its nature, should survive termination.
SECTION 15 — WARRANTY EXCLUSION
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY EMILY DUBLIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION DOES NOT AFFECT ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMILY DUBLIN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO, INCLUDING LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER IRISH CONSUMER PROTECTION LAW.
SECTION 17 — INDEMNITY
You agree to indemnify, defend and hold harmless Emily Dublin, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claim, including reasonable legal fees, payable to third parties, due to or arising from (1) your breach of these Terms and Conditions or of the documents incorporated by reference in them, (2) your breach of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, on the understanding that failure to give prompt notice will not release you from your obligations, unless you are materially prejudiced by it. We may control the defence and settlement of such claim at your expense, including the choice of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent. You will cooperate in the defence of indemnifiable claims, including providing relevant documents.
SECTION 18 — SEVERABILITY
In the event that any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms and Conditions; such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in connection with the Service constitute 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.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or prior notice to you.
SECTION 21 — GOVERNING LAW
These Terms and Conditions and any separate agreement whereby we provide you with services will be governed by and construed in accordance with the laws of Ireland.
Company Name: MD LDA LLC
SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to the Terms in accordance with applicable law, and such changes will take effect from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to support@emily-dublin.com