TERMS OF USE 

OVERVIEW

Effective from: May 25th 2018

This website is operated by DUBARRY SHOES . Throughout the site, the terms “we”, “us” and “our” refer to DUBARRY SHOES . DUBARRY SHOES  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.

1 – ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully before accessing or using our website.

By visiting our site and/ or placing an order, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced in the Dubarry Privacy Policy and Cookie Policy. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We reserve the right to update, change or replace any part of these Terms of Use 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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page.

By agreeing to these Terms of Use, you represent that you are 18 years old or above. If you are under 18, you may use our website only with involvement of a parent or guardian.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

2 - GENERAL CONDITIONS

DUBARRY SHOES  wish to provide an excellent online shopping experience for all customers/browsers of our website.  To ensure that this is possible, you must understand and agree to the following:

  1. not to transmit any worms or viruses or any code of a destructive nature.
  2. not post, upload or promote communications or content that could negatively impact our brand, reputation or business.
  3. not to interfere with the security of our websites or employ any device, coding or software that would impact the security of our site
  4. not to reproduce, duplicate, copy, sell, resell or exploit any portion of the unique DUBARRY SHOES products, use of the DUBARRY SHOES products, or access to the DUBARRY SHOES products or any contact on the website through which the service is provided, without express written permission by us.

DUBARRY SHOES  and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3 – YOUR PRIVACY

Your privacy is of utmost importance to us. We have described in detail how we process your personal data to provide services to you in our Privacy Policy. Continuing to use our services indicates your agreement with the ways in which we process and use your data as set out in our Privacy Policy

DUBARRY SHOES  and our website Services partners (DPD, COLLECTPLUS, SCURRI, SAGEPAY, MOLLIE, PAYPAL, UNIRGY, PRIMA SOLUTIONS) process customers’ personal information (for example, customer name, email address, and shipping address) and are therefore considered separate and independent data controllers of customers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a website Services partner accidentally discloses a customer’s name and email address when fulfilling another customer’s order, the website Services partner, not DUBARRY SHOES , will be responsible for that unauthorised disclosure.  

4 – YOUR ACCOUNT WITH DUBARRY SHOES

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. We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5 – 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.

For more detail, please review our Returns Policy.

6 – PRODUCTS, PRICING, DESCRIPTIONS

Certain products may be available exclusively online through the DUBARRY SHOES  website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. Special exclusions from our standard returns policy relative to that product may apply.

We have made every effort to display as accurately as possible the colours and images of our products that appear on our website store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

The prices of products on each local market website within the EU, appear inclusive of Value Added Tax (VAT) on each website.

DUBARRY SHOES reserve the right to do the following:

  1. Limit the sales of our products to any person, geographic area or jurisdiction.
  2. Change the descriptions of our products displayed on the website without notice.
  3. Change the pricing of our products without notice.
  4. Discontinue the production or sale of any product at the discretion of DUBARRY SHOES .

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of service.

7 - ERRORS, INACCURACIES AND OMISSIONS

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.

8 – THIRD PARY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, on our social media channels, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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 remove the service for indefinite periods of time or cancel the service at any time, without 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 delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DUBARRY SHOES , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, 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 of the service or any products procured using the service, or for any other claim related 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15 - SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to DUBARRY SHOES.

In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use 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 Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

18 - ELECTRONIC COMMUNICATIONS

When you visit DUBARRY SHOES 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.

19 - APPLICABLE LAW

By visiting DUBARRY SHOES, you agree that the laws of the United Kingdom, 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 DUBARRY SHOES or its associates.

20 - DISPUTES

Any dispute relating in any way to your visit to DUBARRY SHOES or to products you purchase through DUBARRY SHOES shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate DUBARRY SHOESs intellectual property right.

21 - COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DUBARRY SHOES or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of DUBARRY SHOES, with copyright authorship for this collection by DUBARRY SHOES, and protected by international copyright laws.

22 - TRADE MARKS

DUBARRY SHOES trademarks and trade dress may not be used in connection with any product or service that is not DUBARRY SHOES, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DUBARRY SHOES. All other trademarks not owned by DUBARRY SHOES or its subsidiaries 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 DUBARRY SHOES. 

23 - CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

24 - CONTACT INFORMATION

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by telephone on +353 90 9642348  or by email at info@dubarry.com.