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Terms of Service

Overview

This page explains the terms of use on which you may make use of our website equicreme.com (“Our Site”). Throughout the site, the terms “we”, “us”, and “our” refer to Equicreme. Please read these Terms and Conditions carefully before you start to use our site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them.

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.

1. Products and Pricing

We take every care to ensure that product descriptions are accurate at the time of uploading products to the website. We reserve the right to withdraw any product from the website without any prior notification. We also reserve the right to amend prices of products without prior notification. Our products are priced in Euro. When paying by credit card this is the amount which will be deducted from your debit or credit card. When purchasing products with non-Euro debit or credit cards, the exchange rates will be set by the cardholders bank. These rates fluctuate on a daily basis, for further information, cardholder should contact their bank.

2. Purchasing on our site

When an order is placed on our website, you will receive a confirmation email confirming we have received your order and it is being processed. You will receive a second email from us acknowledging your order has been dispatched with a tracking number. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.

All products are subject to availability. Our display of products on our website is an invitation and not an offer to sell those goods to you. An offer is made when you place the order for your products. If products that you order are out of stock or subject to a delay, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to our email, we will continue to process any remaining products on your order.

Please email us immediately at francescamurray2@gmail.com if there are any breakages, damages or discrepancies with your order. This must be reported to us within 24 hours on receipt of delivery.

3. Promotions

From time to time we offer promotions on our website. These promotions are subject to our standard terms and conditions, however, we reserve the right to change the applicable terms and conditions on a promotion by promotion basis.

4. Electronic Communications

When you visit our site or shop online on our site, or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on our site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you complete your details in the Contact Us section, you agree that you wish to be contacted by us. This condition does not affect your statutory rights. All information is treated strictly in accordance with our Privacy Policy.

5. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site and the material published on it (including, without limitation, any trade marks displayed on our site). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly provided in these Terms of Use, we do not grant any express or implied right to any intellectual property rights in our site and the material published on it.

6. Changes to our Site

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date or inaccurate at any given time and we are under no obligation to update such material.

7. 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 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.

8. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

9. Errors, inaccuracies and ommissions

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 you have submitted your order).

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.

10. Liability

The material displayed on our site and indicated delivery time is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:

  • all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity;

  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation, any liability for:

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss of data;

    • loss of goodwill;

    • wasted management or office time; and

    • any other loss or damage of any kind, however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these Terms and Conditions affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.  Further, nothing in these Terms and Conditions affect any of those statutory rights you have as a consumer which may not be excluded or altered. 

11. Indemnification

You agree to indemnify, defend and hold harmless Equicreme and our affiliates, partners, 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.

12. Jurisdiction and Applicable Law

These Terms and Conditions are governed by Irish law and the Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. 

13. Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site.

 

14. Prohibited Use

You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

15. Termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.

We may terminate the website with or without cause at any time and same will be effective immediately. 

16. 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.

 

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.

 

18. Contact Information 

Questions about the Terms of Service should be sent to us at francescamurray2@gmail.com

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