OVERVIEW
This website is operated by My-Plush. Throughout the site, the terms “we”, “us” and “our” refer to My-Plush offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”, “Terms”), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on the website. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new functions and tools added to this shop at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited, nor must you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms (trojans), viruses or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such previous information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service and/or the Order (or any part or content of the Service) without notice and at any time.
We will not be liable to you or to any third party for any change in price, suspension or discontinuance of the Service and/or the Order.
As stated in our legal notice, our company is based in Ireland. Depending on your bank account, your bank may charge you additional currency exchange fees.”
ARTICLE 4.1 – STOCKS AND AVAILABILITY
Please note that due to high demand and the daily updating of the system, it is possible that a product indicated as being in short supply may no longer be available when it is added to the shopping basket. We therefore advise you to select a replacement item.
ARTICLE 5 – PRODUCTS OR SERVICES (WHERE APPLICABLE)
Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colours and images of our products that appear in our shop. We cannot guarantee that the display of colours by your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from 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 change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our shop. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please consult our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.
If you use any optional tools offered on the Site, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of any goods, services, resources, content, or any other transaction conducted in connection with such third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding the products of these third parties must be submitted to these third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, or otherwise (collectively, “Comments”), you grant us the unrestricted right at all times to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any feedback; (2) pay any compensation to anyone for any feedback provided; or (3) respond to any feedback.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not infringe the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, amend or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date on the Service or any associated website should be relied upon to conclude that the information on the Service or any associated website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content (a) for illegal purposes; (b) to incite third parties to carry out or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any associated or unrelated website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
SECTION 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall My-Plush, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product provided through the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless My-Plush, our parent company, subsidiaries, 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 and Conditions of Use or the documents to which they refer, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
CLAUSE 17 – ENTIRE AGREEMENT
Any failure by us 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 or any other policies or operating rules published 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, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, and any separate agreement whereby we provide you with Services, shall be governed by and construed in accordance with Irish law, without prejudice to the mandatory consumer protection provisions of your country of residence.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You may consult the most recent version of the General Terms and Conditions of Sale and Use 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 of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at contact@my-plush.ie.
ARTICLE 21 – COMPLAINTS AND REFUNDS
1. Packages marked as delivered but not received: in many cases, it is possible to recover an incorrectly delivered parcel. Here are the recommendations we can give you to help you locate your shipment:
1. Have your tracking number ready.
2. Contact the transport company or postal operator in charge of your shipment and notify them of the situation.
2. If you are unlucky enough to have a parcel delivered but not received, this may be due to the following reasons:
* Your parcel was received by mistake by someone else due to an incorrect or illegible address marked by the sender* Your neighbour or family member received the parcel for you and forgot to inform you.
* Sometimes a parcel that has not been received can be marked as delivered even before it arrives.
* The parcel was left close to your home (shop, kiosk, post office, relay point).
* Technical error in the transport company’s tracking system.
* If the carrier’s search has produced no results, your parcel will be declared lost. Prepare a claim for an undelivered parcel so that you can be reimbursed. It may take between 2 and 4 weeks to process your claim, depending on the carrier.
3. To obtain compensation from the transport company, you will need to file a formal claim. Contact the logistics provider’s customer service department. Once the delivery company has analysed your case and assessed the value of the lost parcel, you will be informed of its decision. If this is due to a fault on the part of the carrier, we will refund your order. On the other hand, if the delivery failure is attributable to the customer, as in the case of a wrong delivery address, the customer will not be reimbursed
4. Refusal of parcel
1. Reimbursement In the event of delivery refusal following retraction, the return costs will be at your expense and automatically deducted from your reimbursement, even if the initial delivery costs were offered.your refund will be effective after receipt of the item in the merchant’s warehouses and after verification of its general condition.If a parcel is refused, the return costs deducted from your refund are those of our price scale, based on the Mondial Relay international home delivery rate according to the weight of the parcel: €12.50 up to 500 g, €13.80 up to 1 kg, €14.90 up to 2 kg, €18.20 up to 4 kg, €18.50 up to 5 kg, €28.50 up to 10 kg, €35.00 up to 15 kg and €47.90 up to 25 kg (or the equivalent in the currency of your order). No return costs are deducted if you took out the return insurance. The PayPal fee and the return insurance, which are services already provided, are not refunded. A statement detailing this calculation is sent to you before the refund, which is made once the parcel has been recovered. For deliveries outside the European Union, the European Economic Area and the United Kingdom (Switzerland in particular), a refused parcel is refunded at 50% of the order amount only, once it has been returned; this deduction does not apply if you took out the return insurance. For deliveries to the United Kingdom or Norway, the return costs of a refused parcel include international transport and customs clearance: €19.90 up to 500 g, €22.90 up to 1 kg, €26.90 up to 2 kg, €39.90 up to 5 kg, €59.90 up to 10 kg, €74.90 up to 15 kg and €99.90 up to 25 kg (or the equivalent in the currency of your order). In the event of refusal, it is your duty to notify us of the return tracking number, as we do not automatically have access to it
2. VAT refund: VAT and any customs duties paid with your order are refunded together with the price of the items.
5. Defective or damaged parcel
1. The defect must be on the product, not on the packaging. The defect must compromise the quality of the product, or its use must not be considered as a case of withdrawal.
2. If the expert assessment confirms a manufacturing defect, the regulations allow the retailer to give priority to repairing or exchanging your product, even if you request a refund. If he is unable to carry out one of the first two actions, he will refund your purchase. Once the defect or non-conformity is established, the return costs are borne by us and, if repair or exchange is not possible, you are refunded in full.
6. Application of a discount if the product shows signs of use In the event of withdrawal, we reserve the right to discount part of the refund in proportion to the damage
7. You have 45 days to inform us that you have not received your order. If you do not make a complaint within this period, the order will be deemed to have been delivered.
8. Change of address procedure in the event that the customer informs us of the wrong address: If, after placing your order, you realise that there is an error in your delivery address, please inform us of this within 24 hours of completing the order. If this procedure is not followed, we may not be able to change the delivery address.a wrong delivery address may prevent delivery or result in delivery to a different location from that desired. We will not be held responsible in such cases.