TERMS AND CONDITIONS
OVERVIEW
Welcome to Mary’s Workshop. The terms “we”, “us” and “our” refer to Mary’s Workshop. Mary’s Workshop operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a carefully curated shopping experience (the “Services”). Mary’s Workshop is powered by Shopify, which enables us to provide the Services.
The following Terms and Conditions, together with any policies referenced herein, describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers 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. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you have reached the age of majority in your country, state or region of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information provided in our store is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign or license your account to any third party.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device used to access the store and the settings or configuration of that device.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match exactly what is represented or displayed in our online store.
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 may limit the quantities of any product offered to any person, geographic area or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Mary’s Workshop reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until Mary’s Workshop confirms its acceptance. Payment must be received and processed before an order is accepted.
Please check your order carefully before submitting it, as Mary’s Workshop may not be able to accommodate cancellation requests after an order has been accepted. If an order is not accepted, is modified or is cancelled, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided at the time of the order.
Purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES 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 submitted and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs duties or import charges.
Prices displayed in our online store may differ from prices offered in physical stores, other online stores or stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and may be governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, correct and complete;
(ii) you are duly authorised to use such credit card for the purchase;
(iii) charges incurred by you will be honoured by your credit card company; and
(iv) you will pay the amounts charged at the published prices, including shipping and handling fees and all applicable taxes, where applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events outside our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, display elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by Mary’s Workshop, its affiliates or its licensors and are protected by applicable intellectual property laws.
These Terms allow you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
Except as expressly provided in these Terms, nothing contained herein grants or should be interpreted as granting any licence or other rights in relation to patents, trademarks, copyrights or other intellectual property rights of Mary’s Workshop, Shopify or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted in these Terms are reserved by Mary’s Workshop.
The names, logos, product and service names, designs and slogans of Mary’s Workshop are trademarks of Mary’s Workshop or its affiliates or licensors. You may not use such trademarks without the prior written consent of Mary’s Workshop. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with 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 influence.
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 endorsement. We shall have no liability 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 risk and discretion, and you should ensure that you understand and approve the terms and conditions under which such tools are provided by the relevant third-party providers.
In the future, we may also 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 hyperlinks to websites provided or operated by third parties, including any embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage related to access to third-party websites or the purchase or use of products, services, resources or content available through third-party websites. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Mary’s Workshop is supported by Shopify, which enables us to provide the Services. However, all sales and purchases made through our store are made directly with Mary’s Workshop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Mary’s Workshop, including any damages, injuries or losses resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with Mary’s Workshop.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here: [LINK]. Certain personal data may also be subject to the provisions of Shopify’s Privacy Policy. By using the Services, you confirm that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transferred and shared with Shopify and with third parties that may be located in a country other than the one in which you reside, in order to provide the Services. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal data.
SECTION 11 - FEEDBACK
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use.
We may, for example, exercise the rights arising from this licence to operate, provide, evaluate, improve, enhance and promote the Services and to fulfil our obligations and exercise our rights under these Terms and Conditions.
You further represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and
(iii) your Feedback will comply with these Terms.
We are not and shall not be under any obligation to:
(1) keep your Feedback confidential;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We may, without obligation, monitor, edit or remove Feedback that, in our sole discretion, we consider unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise unacceptable, or that violates any person’s intellectual property rights or these Terms and Conditions.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, nor contain computer viruses or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times and availability.
If such information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or harmful purpose;
(b) to violate any international, federal, provincial, state or local laws, regulations, rules or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person;
(e) to submit false or misleading information;
(f) to knowingly send, 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 junk mail, chain letters, 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, in our discretion, may harm Mary’s Workshop, Shopify or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services;
(c) collect or track the personal data of others;
(d) spam, phish, pharm or pretext through the Services;
(e) use robots, spiders, scraping tools, data mining or extraction tools, automated devices or processes, artificial intelligence tools or manual means to access the Services; or
(f) interfere with, bypass or circumvent security or authorisation features, robot exclusion headers or other measures we use to limit access to the Services.
We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section applies if you use, permit, enable or cause the implementation of an Agent to access, use or interact with the Services. For the purposes of these Terms, “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instruction of, any person or entity, and that may operate on behalf of or through a person’s device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may establish limits, including through technical measures, on how and under what conditions an Agent may access, use and interact with the Services.
14.4 Agents must:
(i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and state the name of the Agent by including the following in the request user-agent string: “Agent/[agent name]”;
(ii) not conceal or obscure the fact that any access, use or interaction comes from an Agent, including by imitating human behaviour and interaction patterns or by completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use;
(iii) respond truthfully to any question or prompt intended to determine whether interactions come from a human or a computer; and
(iv) not bypass or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
Even after termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services or anyone who may be informed of any of their contents.
Except as expressly stated by Mary’s Workshop, 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.
We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Mary’s Workshop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.
This includes, 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 Service or any product purchased through the Services, or any other claim related in any way to your use of the Services or any product.
This also includes any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Services or any content or product posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mary’s Workshop, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party or arising from:
(1) your breach of these Terms and Conditions or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any failure to notify you promptly shall not relieve you of your obligations unless you are materially prejudiced. 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 imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 21 - 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 - GOVERNING LAW
These Terms and Conditions, and any separate agreements through which we provide you with the Services, shall be governed by and interpreted in accordance with the laws of Ireland.
You and Mary’s Workshop agree to submit to the jurisdiction of the courts of Ireland for any dispute arising from or relating to these Terms and Conditions or your use of the Services.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions.
SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS
You can review the current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website, marys-workshop.com. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated 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 25 - CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at:
Our contact information is:
Mary’s Workshop
Website: marys-workshop.com
Email: support@marys-workshop.com
