TERMS & CONDITIONS
Welcome to IrishCharm.com. IrishCharm.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at IrishCharm.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future IrishCharm.com service or visit or purchase from any business affiliated with IrishCharm.com, whether or not included in the IrishCharm.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Please review our Privacy Notice, which also governs your visit to IrishCharm.com, to understand our practices.
When you visit IrishCharm.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of IrishCharm.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of IrishCharm.com and protected by U.S. and international copyright laws. All software used on this site is the property of IrishCharm.com or its software suppliers and protected by United States and international copyright laws.
IrishCharm.com, other IrishCharm.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Irish Charm. or its affiliates in the U.S. and/or other countries. IrishCharm.com’s trademarks may not be used in connection with any product or service that is not IrishCharm.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IrishCharm.com. All other trademarks not owned by IrishCharm.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IrishCharm.com or its affiliates.
LICENSE AND SITE ACCESS
IrishCharm.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IrishCharm.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IrishCharm.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IrishCharm.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing IrishCharm.com’s name or trademarks without the express written consent of IrishCharm.com. Any unauthorized use terminates the permission or license granted by IrishCharm.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IrishCharm.com so long as the link does not portray IrishCharm.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IrishCharm.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. IrishCharm.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use IrishCharm.com only with involvement of a parent or guardian. IrishCharm.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. IrishCharm.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant IrishCharm.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IrishCharm.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IrishCharm.com or its affiliates for all claims resulting from content you supply. IrishCharm.com has the right but not the obligation to monitor and edit or remove any activity or content. IrishCharm.com takes no responsibility and assumes no liability for any content posted by you or any third party.
IrishCharm.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from IrishCharm.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
IrishCharm.com and its affiliates attempt to be as accurate as possible. However, IrishCharm.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by IrishCharm.com itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by IrishCharm.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by IrishCharm.com. Your purchases from third-party sellers using IrishCharm.com Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY IRISHCHARM.COM OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IRISHCHARM.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IRISHCHARM.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IRISHCHARM.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM IRISHCHARM.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IRISHCHARM.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting IrishCharm.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and IrishCharm.com or its affiliates.
Any dispute relating in any way to your visit to IrishCharm.com or to products you purchase through IrishCharm.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate IrishCharm.com’s intellectual property rights, IrishCharm.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to IrishCharm.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PO Box 191178
San Diego 92159
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IrishCharm.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying IrishCharm.com and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.