TERMS & CONDITIONS

INTRODUCTION

These terms of use (the “Terms”) (together with the documents referred to in them) set out the terms on which you may make use of the Site, whether as a guest or a registered user.

Our privacy policy, which can be found at Privacy & Cookies Policy (the “Privacy Policy”) sets out what information we collect from you through the Site and how we use that information.

Like most websites, our Site uses a variety of cookies and pixel cookies to collect information about visitors to the Site. You can read more about how we use cookies and pixel cookies in our Cookies

Policy, which can be at Cookies Policy

Please read these Terms, the Privacy Policy and Cookies Policy carefully before you start to use the Site.

By using the Site, you agree to the Terms, consent to us processing personal data in accordance with the Privacy Policy and consent to the Site’s use of cookies and pixel cookies in accordance with the Cookies Policy. If you do not agree to the terms of any of those documents, then please do not use the Site.
These Terms do not apply to orders that you place or the supply of those goods and services ordered from the Site. If you order goods or services from the Site, then please note that you will be ordering and buying those goods and services from our international shipping partners.

Orders placed on the Site and the supply of the relevant goods and services to you will be governed by a contract between you and our international shipping partners and will be subject to our international shipping partners terms and conditions of sale. Information collected from you by our international shipping partners in relation to those orders and contracts will be subject to our international shipping partners privacy policy.

You will be asked to confirm that you accept our international shipping partners terms and conditions and privacy policy during the order process. We would recommend that you read our international shipping partners terms and conditions and privacy policy before placing an order on the Site. In particular, their terms and conditions may limit and/or exclude our international shipping partners liability to you.

We may revise the Terms and Privacy Policy at any time. We will post any changes on the relevant web pages on which they appear. You should check those pages from time to time to keep up-to-date with these changes, as they will apply to your continued use of the Site. 

ACCESSING THE SITE

Access to the Site, and its content or any materials made available on or through the Site (“Materials”) is permitted on a temporary basis. We may suspend, withdraw, or restrict access to, or change the Site or any Materials, without notice and without liability.

We also reserve the right to restrict certain areas of the Site to users who are registered customers of the Site. You shall not access or attempt to access any part of the Site or any Materials that you are not authorised to access.

You shall ensure that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them. 

USE OF THE SITE

You shall use the Site and Materials only for lawful, non-commercial purposes and in accordance with these Terms.

You shall not access or use the Site or Materials, or attempt to do so:

In any way that is fraudulent, or breaches any applicable local, national or international law or regulation.

In any way which may harm, cause offence to, or otherwise infringe any rights of any person in any way.

In order to transmit, or procure the sending of any unsolicited or unauthorised advertising, promotional or other materials of any nature (spam). Nor will you collect, collate or gather any information from the Site or Materials which can be used to identify any individual personally.

In order to interfere with, damage or disrupt the Site, any other website, or any computer equipment, network, systems or software. Interference, damage and disruption shall include, without limitation:

  • Knowingly transmitting any data, or sending or uploading any material that contains viruses or technologically harmful material; or
  • Denial of service attacks or distributed denial of service attacks; or
  • Accessing any website, computer equipment, network, systems or software that you are not authorised to access.

Where applicable, we will report any criminal offences committed by you, in breach of the above provisions, to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.

In the event of any such breach, your right to use the Site will cease immediately.

USER ACCOUNTS
If you create an account on the Site, then you must not allow anyone to log into the Site using your details, or to use your account.

You must treat all user names, passwords and other pieces of information used as part of our login security procedures confidential, and you must not disclose any of them to any third party. You must also tell us as soon as you become aware that anyone may have obtained unauthorised access to your login details or to your account by using the contact details below.

We have the right to disable your account at any time if, in our reasonable opinion, you have failed to comply with any of these Terms.

You shall ensure that any information you provide to us in relation to the creation or use of your account is complete, accurate and up to date at all times.

UPLOADING CONTENT TO THE SITE

Whenever you make use of a feature that allows you to post or upload content to our Site for example in reviews of our products, or questions posted on product pages, you shall comply with these Terms. In particular, but without limitation, you shall comply with the “Use of the Site” section of these Terms.

If we have reason to believe that you are in breach of the Terms, we reserve the right to remove your content from the Site and to suspend, withdraw, restrict or change your rights to post or upload further content as we see fit.

You will also be liable to us for any loss or damage we suffer as a result of your breach of these Terms.

Any content you post or upload to the Site will be considered non-confidential and non-proprietary, and you agree that we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their rights, including but not limited to their intellectual property rights, or of their right to privacy.

The views expressed by other users on the Site do not represent our views or values.

LINKS

You may link to the Site, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists.

Except where and to the extent that this Site contains functionality to allow you to create a link to this Site, or refer to it using social media, you must not:

  • Establish a link from any website unless you are the owner of that website, or have the owner’s permission to do so; or
  • Frame the Site on any other website; nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission, or any functionality of the Site which permits linking to it or references to it from social media websites, without notice and without liability.

The Site may contain links to websites owned or operated by third parties. Your use of those websites is governed by the terms and conditions of the third parties that own or operate these websites.

INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including but not limited to patents, registered designs, design rights, copyright, database rights, trademarks, service marks, rights and goodwill in trade or business names, and rights in inventions, know-how and trade secrets) in the Site, and in all of the Materials.

You may print off copies and download a reasonable amount of extracts, of any page(s) from the Site or any Materials, as reasonably required for your personal, non-commercial use.

You shall not modify any hard paper or digital copies of any part of the Site or any Materials that you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

You shall ensure that the status of us, our licensors and of any identified contributors, as the authors of the Site or any Materials, is always acknowledged.

You shall not download, reproduce, duplicate, copy or distribute any part of the Site or any Materials other than as expressly permitted by these Terms without our prior written consent.

All names, images and logos identifying us are proprietary marks of The Irish Americn Trading Company, Inc. All third party brand, product, service and company names contained on this Site are the trademarks, service marks and trade names of their respective holders.

DISCLAIMER AND LIABILITY
This section applies to your use of the Site and Materials.

You may make any complaints or raise any concerns you have in relation to goods and services purchased through the Site by using the contact details below, and we will use reasonable efforts to investigate your complaint or concern with [name of shipping partner].

However, we do not accept any responsibility or liability for [name of shipping partner] failure to comply with any contract formed between you and [name of shipping partner]. If the law applicable in your country of residence gives you any particular rights against us for any defective goods that you purchase through the Site, then those rights will not be affected.

Without prejudice to your rights under applicable law, the Site and all Materials are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without representation, condition, warranty, endorsement, guarantee or other commitment.

In particular, we do not give any representation, condition, warranty, endorsement, guarantee or other commitment that the Site or any Materials are accurate, complete or up to date. Nor do we guarantee that their use or availability will be uninterrupted or error-free, or that they or any of the Site’s servers or those of any relevant social media website are free of computer viruses or other technologically harmful material.

You agree that it is your responsibility to make all arrangements necessary for you to have access to the Site, any social media websites with which this Site interacts and the Materials, and to implement and maintain sufficient security measures (including but not limited to anti-virus software and appropriate firewalls).

We have no control over the contents of any third party sites or resources which are linked to by the Site, or the functionality or content made available by any social media websites with which the Site interacts, and we do not endorse them or any goods or services provided on any of them. You agree that you visit third party sites and use the relevant social media functionality entirely at your own risk and that we have no responsibility or liability whatsoever in contract, negligence, tort or otherwise for any such sites, resources, functionality, goods or services, or for any loss or damage arising out of or in connection with your use of, your reliance on, or the unavailability of any of them.

In no event will we be liable to any person for any:

  • Distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material arising out of or in connection with your use of the Site, your downloading of any Materials posted on it, or the use of any functionality allowing interaction with social media websites which is provided on the Site; or
  • Business losses, including but not limited to loss of profit, loss of revenue, or loss of business opportunities or contracts, arising out of or in connection with your use of, your reliance on, or the unavailability of any of the Site’s content or any Materials.

Nothing in these Terms shall affect our liability for (i) death or personal injury arising from our negligence, (ii) fraud (including but not limited to fraudulent misrepresentation), or (iii) any other liability which cannot be excluded or limited under applicable law.

GOVERNING LAW AND JURISDICTION
This information is specific to the United States of America; please refer to your regional governing law and jurisdiction regarding similar action. These Terms shall be governed by and construed in accordance with US law & regulations. Disputes arising in connection with them shall be subject to the non-exclusive jurisdiction of the relevant U.S. state courts.

GENERAL
If any of these Terms should wholly or partly be determined to be illegal, invalid or otherwise unenforceable under applicable law, it (or the relevant part of it) shall be severed from the Terms. However, the remainder of the Terms shall remain in full force, and continue to be binding and enforceable.

No failure to exercise, and no delay in exercising any right, power or privilege under these Terms shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach be taken or held to be a waiver of the provision itself. A waiver of any right, power or privilege under these Terms is only effective if it is in writing.

CONTACT DETAILS

If you have any questions regarding these Terms, please contact us at:

US Office

The IrishAmerican Trading Co.

60 State Street, Suite 700
Boston MA 02109
Phone +1 617 371 297028 -32

Ireland Office

28-32 Upper Pembroke Street
Dublin 2
Ireland
Phone +353 1 608 7753