Terms & Conditions

The following Terms and Conditions document is split into two parts. The first part contains the Terms of Website Use and the second part contains the Terms of Purchase.

After you have placed your order, any digital content will be made available for download. By clicking ‘Purchase’ you accept that we may supply the digital content, and that once the digital content has been downloaded or accessed, you will lose the right to cancel.

PART 1: TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website (our site). By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you confirm that all data provided by you is accurate.

Our Cookies Policy which sets out information about the cookies on our site.

If we run competitions or other promotions on our site these will be subject to separate terms and conditions that will be bring to your attention if you take part.

INFORMATION ABOUT US

This website is operated by Shay The Leprechaun (We). We are registered in Ireland with the CRO.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

PASSWORDS

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at shaytheleprechaun@gmail.com

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act, 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LIABILITY

We provide our site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

LINKING TO OUR SITE

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to shaytheleprechaun@gmail.com.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

These terms of use are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site or require any further information, please contact shaytheleprechaun.com.

PART 2: TERMS OF PURCHASE

The following Shop Terms & Conditions contain 10 sections.

1 Introduction

2 About the Shay The Leprechaun Shop

3 Access to the Shay The Leprechaun Shop

4 Buying from the Shay The Leprechaun Shop

5 Cancellation policy

6 Defects, replacements and returns

7 Use and limitation of use of Books

8 Liability

9 Indemnity

10 Changes to these Terms

11 Other important Terms

YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIABILITY AND INDEMNITY PROVISIONS CONTAINED AT SECTIONS 8 AND 9 BELOW. PLEASE REVIEW THESE SECTIONS CAREFULLY BEFORE PROCEEDING.

Introduction

1.1 Welcome to shaytheleprechaun.com, an online digital content store of the Shay The Leprechaun books (the “Shay The Leprechaun Shop”). The Shay The Leprechaun eCommerce website is owned and operated by Shay The Leprechaun (referred to as “we”, “us” or “our” as appropriate), a registered company. {EBooks and books are referred to as “Books” or “Book” when used in singular form for the purpose of this document}. EBooks are currently available through the website at

Home

(depending on your location). We may also make the Shay The Leprechaun Shop or other versions of it available through further digital channels or devices.

1.2 These Shay The Leprechaun Shop Terms & Conditions (for short, the “Terms”) apply to your use of the Shay The Leprechaun Shop (whether accessed through the URL provided above or any other channel) and any services, content or products (for example, eBooks) made available through the Shay The Leprechaun Shop. Please read these Terms carefully, and ensure you understand them, before using the Shay The Leprechaun Shop, as these Terms affect your rights and liabilities. In these Terms, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms.

1.3 You will be agreeing to these when placing an order or by your continued use of the Shay The Leprechaun Shop. If you do not want to be bound by these Terms please do not access, use and/or place any orders with the Shay The Leprechauns Shop.

1.4 For information about how we use your personal data and how we use cookies on the Shay The Leprechaun Shop, please see the Privacy Policy and Cookie Policy.

1.5 The Shay The Leprechaun Shop is only provided for use by adults and by using the Shay The Leprechaun Shop, or placing an order or making a purchase, you are confirming that you are an adult. When we refer to “adults” we mean people who have reached the age of majority (i.e. who are adults for legal purposes) in their place of residence. We reserve the right to request any buyer to provide written proof of age in any form or to adjust the foregoing to meet any local requirements relating to the legal age of majority.

About the Shay The Leprechaun Shop

Users can visit the Shay The Leprechaun Shop to purchase eBooks, and other related digital content (“Books”).

Access to the Shay The Leprechaun Shop

3.1 You will need an internet connection and a browser to access the pages on the Shay The Leprechaun Shop and to use the features we provide.

3.2 If you wish to place an order for Books from the Shay The Leprechaun Shop, you must provide us with a valid email address at the time of purchase.

Purchasing Books from the Shay The Leprechaun Shop

4.1 You can purchase, access and view Books on the Shay The Leprechaun Shop by way of download.

4.2 Books are available for purchase and use in a number of different file formats. It is your responsibility to check which format suits your needs best and which will enable you to receive and access any purchased digital content successfully (and to exercise your other rights under these Terms) before you place an order with us. Please note that we may modify the formats in which we make Books available and our description of them from time to time, so you should always check those before making any purchase and retain a copy for your records.

4.3 We may make changes to or discontinue any Books available on or in connection with the Shay The Leprechaun Shop at any time, and without notice. Please see section 5.5 below for details of your rights in relation to Books or formats that cease to be available or become incompatible.

4.4 If you make a Purchase, it is your responsibility to check, before you place an order with us, which format suits your needs best and which will enable you successfully to receive and access any such digital content purchased by you.

{4.5 Shay The Leprechaun does not accept any liability in any form in the event the eBook you purchase from us is not compatible with your device. Refunds may be given at the sole discretion of Shay The Leprechaun.}

4.6 By starting to download the book, or accessing or using the book by any other means, you agree to these Shay The Leprechaun Shop Terms & Conditions and acknowledge the Shay The Leprechaun Privacy and Cookie Policy.

4.7 We shall make the Book available to you after you have made the Purchase. The Book is not redeemable for cash, credit or other goods or services. Except to the extent required by law, once the Book has been made available for download, the book is not for resale, non-transferable, not redeemable for cash, and non-refundable, except in accordance with our cancellation policy under section 5 below.

4.8 Eligibility

4.9 To complete an order with the Shay The Leprechaun Shop for Books, you must:

(a) provide your full name, email address, payment details and other requested information;

(b) be an adult, as defined in section 1.5 above; and

(c) possess a valid credit or debit card issued by a bank acceptable to us or other valid payment provider details.

Making a contract online

4.10 When you are placing an order, the following steps have to take place before a contract is made between you and us:

  • Placing your order – After choosing the Book(s) that you wish to purchase, you place your order for your item(s) by pressing the “Purchase” button at the end of the checkout process and submitting your payment details to us. Before placing your order, the checkout process will give you the opportunity to return to your basket and, if necessary, to change your selection of item(s).
  • Acknowledgement – If you have purchased a Book, you will receive an email from us with instructions on how to access your Book. You will receive an acknowledgement of your payment and order by email.
  • Order – You agree that your order is an offer to buy, under these Terms, the Books listed in your order. We accept your order for Book(s) and a contract is made between us at the time when we make the Book(s) available to you for download, whether by sending you a link to your purchase in the order confirmation email or otherwise. Accordingly, nothing that we say or do will amount to any acceptance of your order until we actually make the Book(s) available to you to view, download or otherwise access, at which point a contract will be made between you and us unless, before making the Book(s) available, we have notified you that we refuse your order (see sections 4.13 and 4.14 below (Refusal of an order)). We keep a record of the orders that you place with us.

Refusal of an order

4.11 If your payment is declined for any reason or we decline your order because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.

4.12 Unless otherwise stated (and subject to availability), only one copy of a Book can be downloaded per customer.

Prices and payment

4.13 The prices for Books that we quote on the Shay The Leprechaun Shop are inclusive of VAT, where applicable, and in all other territories where VAT is not applicable all prices are quoted exclusive of any applicable sales or other taxes.

4.14 Not applicable for customers resident in France: The price of any Books will be as quoted and displayed from time to time on the Shay The Leprechaun Shop. It is possible, however, that despite our reasonable efforts some Books on the Shay The Leprechaun Shop may be incorrectly priced.

(a) If, in such a case, the actual price of an item is higher than that which is incorrectly displayed on the Shay The Leprechaun Shop at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.

(b) If the actual price of an item is lower than that which is incorrectly displayed on the Shay The Leprechaun Shop at the time when you place your order, we will supply that item to you at the correct lower price.

For customers resident in France: Any price related error will be dealt with on a case-by-case basis. In such cases, you will be contacted directly by us.

4.15 Payment will be in the currency indicated on the payment page of the Shay The Leprechaun Shop.

4.16 You will find the total price of your order (including all applicable taxes) as part of the checkout process on the page that shows the item(s) you have selected to buy, and you will also be given an opportunity to review and amend that selection by returning to your basket before you submit your order. Please note that all pricing is at our sole discretion and prices and charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an order confirmation email.

4.17 We accept payment by credit and debit card in addition to any other payment methods that we may identify from time to time.

4.18 We take payment from you once we have processed your payment details. In the event that we are unable to provide the Book for download, we will let you know and we will give you a full refund if we have already taken payment for the item(s).

4.19 Although we try very hard to ensure that all information on the Shay The Leprechaun Shop is accurate, occasionally errors may occur. If you discover a significant error in the description of any item(s) that you have purchased, please contact us.

Cancellation policy

5.1 Right to cancel – When we accept a Book order that you have placed and make the Book available to you for download, you are entering into a contract with us. As a consumer you may have a legal right to cancel an online contract within a certain period of time after placing your order. For example, if you are a customer resident in the UK, France, Germany, Spain or Italy, you have the right to cancel your contract with us within 14 days without giving any reason (subject to the conditions set out in section 5.4 below). The cancellation period will expire 14 days after the date on which we notify you that the digital content is available for download from the Shay The Leprechaun Shop. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organisations.

5.2 How to cancel – To exercise the right to cancel a Book contract, you must inform us of your decision to cancel your contract by a clear statement. You can request cancellation by contacting us online. If you use this online option, we shall send you an acknowledgement of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.

5.3 Effects of cancellation – If you cancel a Book contract, we shall reimburse you for the payment received from you. We shall make the reimbursement after the date on which you inform us of your decision to cancel the contract. We shall make the reimbursement using the same means of payment as you used for the initial transaction.

5.4 Loss of cancellation rights – Despite the above, you cannot cancel a Book contract if you have started downloading the Book (or used any other means required to access and use the Book), as long as:

(a) you had expressly accepted when you placed your order that (i) we could start to supply the digital content during the cancellation period and (ii) you could not cancel the contract once supply of the digital content had started; and

(b) we have confirmed your acceptance to you in confirming the contract.

5.5 Unavailable or incompatible Books – If a particular Book becomes unavailable, or if a particular file format ceases to be available (or the Book otherwise becomes incompatible with certain devices), following purchase but prior to your first download of the Book, we shall make the Book available in a suitable alternative format (or provide you with a compatible copy of the Book) or pay you a refund of the purchase price paid at the sole discretion of Shay The Leprechaun. Where, however, the file format or Book becomes unavailable or incompatible after you have downloaded at least one copy of the Book, you will not be entitled to a refund.

Defects, replacements and returns

6.1 If you receive a corrupted copy, incorrect file format version or incomplete copy of the Book, then, in order to request a functioning copy of the Book or to apply for a refund, please contact us. You will need to quote your order number and the details of the Book ordered with which you are experiencing issues, so please have these to hand.

6.2 If you have suffered a loss of a Book through failure of your hardware device, damage, theft or destruction, we may, solely at our discretion, provide you with another copy of your previously purchased Book. This will count as one of the limited number of copies that you are permitted to make (see section 7.1 below).

Use and limitation of use of Books

7.1 When you buy a downloadable Book from us, what you are buying is the right to use that Book in the way we explain below for your own personal, non-commercial use only. All references to “buying” or “purchasing” downloadable Books in these Terms describe the purchase of a licence under Irish law to access and use the digital content concerned in accordance with these Terms, which is governed by the provisions of this section 7.

You may download one (1) copy of each Book you purchase for storage and use on your reading, which could be your computer, tablet, mobile phone, eBook reader or any other compatible electronic device, or any compatible reading linked with the Shay The Leprechaun Shop ( “System” ). You may also download further copies of the Book for storage and use in the same ways, but this is subject to the continued availability of the Book via the Shay The Leprechaun Shop.

If you are a parent or guardian who has made the purchase on behalf of a child for whom you are responsible, you may share such download(s) with such child.

7.2 From time to time we may make limited extracts of certain Books (“extracts”) available to you through the Shay The Leprechaun Shop (for example, one or two chapters of an eBook), which you may download without charge. You may download and make copies of extracts for storage and playback on your System for your personal, non-commercial use only. To be clear, subject to the permitted uses and restrictions set out in these Terms, there is no limit on the number of such copies of extracts that you are permitted to download and make for your personal and non-commercial use only. We reserve the right to withdraw access and/or to cease making any extract available through the Shay The Leprechaun Shop at any time without notice to you.

7.3 The following restrictions apply in relation to the use of Books and extracts.

(a) You shall not do, and shall not permit others to do, any of the following things in relation to any Book or extract: (i) sell, distribute, loan, share, give or lend the Book or extract to any other person including to your friends (except in the limited circumstances explained at section 7.1 above); (ii) communicate to the public, publicly perform, transmit, broadcast or use the Book or extract for any promotional or other commercial purposes; (iii) translate, modify, adapt or create any derivative works of the Book or extract; (iv) remove or in any way amend or tamper with any copyright or trade-mark notice or other identifier contained in the Book or extract; (v) interfere with, remove, alter or circumvent (or attempt any of the actions listed in this section above in respect of) any of the security measures and technology (including rights or identification management and copyright protection technology) used in connection with the Book or extract or take any other action that may infringe any rights of the copyright owners of the Book or extract; and/or (vi) make any use of the Book or extract in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in section 7.1 above.

(b) You may, for your own private, non-commercial use, in respect of any Book or extract that you have purchased, and strictly for the purposes of back-up, format-shifting, storage or creating an accessible copy: (i) copy the Book or extract; and/or (ii) print a copy of the Book or extract. However, you may not permit others to carry out the acts specified in this section 7.3(b).

7.4 Please be aware that if you use any of the Books or extracts in a way other than is specifically permitted under these Terms, you may be infringing copyright or other rights and therefore may be exposed to civil and/or criminal legal action.

7.5 Various third parties (including some of our Partners) operate eBook platforms and services (such as online eBook/digital audio book shops and apps) and offer devices to enable their customers to read or listen to books (such as computers, tablet devices, MP3 players, mobile phones, eBook readers and other devices). In these Terms, we refer to those third-party platforms, services and devices as “Third-party Systems”. From time to time, we may put in place arrangements with Partners so that Books you have purchased from us are easier to access and enjoy through that Partner’s Third-party System(s). Even where the Third-party System is provided by one of our Partners, please be aware of the following:

  • If you want to purchase a Book from us with a view to accessing it through a Third-party System, you may have to have an account with the relevant third party in order to so do. You should think about this before you purchase the Book from us. We are not obliged to offer you a refund where you have purchased a Book but are not able to access it on a Third-party System.
  • The use of a Third-party System may be subject to the terms and conditions of the relevant third party, and you should ensure that you read and understand those terms and conditions if you wish to use the Third-party System to access Books purchased from the Shay The Leprechaun Shop.
  • We are not responsible for any Third-party Systems or any problems you may have in using them, and we make no representation, warranty, or guarantee regarding the installation, use, availability or effectiveness of such Third-party Systems. If you have a query in relation to a Third-party System or are having trouble using it, you should contact the relevant third party.
  • Liability

Depending on your place of residence, certain laws may impose statutory promises from us to you and may prevent exclusions or limits applying to certain types of liability. If so, nothing in our Terms will take precedence over those applicable laws and you will still have your rights under those applicable laws. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organisations.

For customers resident in all countries (other than France or Italy):

8.1 We promise that we will operate the Shay The Leprechaun Shop with reasonable skill and care, and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of the Shay The Leprechaun Shop or any services made available through it. In particular, we disclaim any liability in connection with any technical problems you may experience with the Shay The Leprechaun Shop that may result in interruptions to the Shay The Leprechaun Shop or the service it delivers, or any bugs or viruses on the Shay The Leprechaun Shop other platform that the Shay The Leprechaun Shop is delivered through, the server that makes the Shay The Leprechaun Shop available or the content made available through the Shay The Leprechaun Shop. It is your responsibility to implement satisfactory safeguards and procedures to make sure that any files you obtain through the Shay The Leprechaun Shop are free from such contaminations or other harmful properties. Subject to section 8.4, the promises contained in this section 8 are in place of all warranties or conditions implied by law.

8.2 Subject to section 8.4 and to the fullest extent permitted by law: (a) our maximum liability in relation to any order that you place on the Shay The Leprechaun Shop will be an amount equal to the purchase price for such order; and (b) if we otherwise fail to comply with these Terms, we shall only be liable to you for an amount not exceeding €100.

8.3 SUBJECT TO SECTION 8.4, WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO THE FOLLOWING CATEGORIES: (A) ANY LOSS OF: INCOME OR REVENUE; BUSINESS; BARGAIN; DATA; PROFIT; GOODWILL; REPUTATION; OPPORTUNITY; WASTE OF MANAGEMENT; OR OFFICE TIME; OR (B) ANY INDIRECT, PUNITIVE, SPECIAL, ECONOMIC OR CONSEQUENTIAL LOSS. THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT REPRESENT OR WARRANT THAT THE SHAY THE LEPRECHAUN SHOP WILL OPERATE ERROR-FREE OR UNINTERRUPTED, AND CONTAIN ACCURATE, COMPLETE AND/OR CURRENT INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ABOUT THIS SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, OR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSS, THESE LIMITATIONS MAY NOT APPLY TO YOU, PROVIDED THAT, IN ANY SUCH JURISDICTION, WE HEREBY DISCLAIM ALL WARRANTIES AND LIMIT OUR LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW.

For customers resident in all countries (including France and Italy):

8.4 NOTHING IN THESE TERMS WILL EXCLUDE OR RESTRICT OUR LIABILITY IN RESPECT OF YOUR RIGHTS AS A CONSUMER UNDER LAW, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. ALSO, IF YOU ARE RESIDENT IN GERMANY: NOTHING IN THESE TERMS WILL EXCLUDE OR RESTRICT OUR LIABILITY FOR DAMAGES CAUSED BY GROSSLY NEGLIGENT OR INTENTIONAL ACTS BY US, OUR EMPLOYEES, AGENTS AND/OR OFFICERS. WITH REGARD TO MATERIAL AND LEGAL DEFECTS OF THE PRODUCTS WE SHALL BE LIABLE IN ACCORDANCE WITH STATUTORY PROVISIONS.

8.5 Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances, including fire, flood and other acts of God, strikes, trade disputes, lock-outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability to perform or delay in performing our obligations will not be deemed to be a breach of contract.

For customers resident in France:

8.6 We promise that we will operate the Shay The Leprechaun Shop with reasonable skill and care, and that we will use our reasonable endeavours to correct any faults of which we are aware. To the full extent permitted by applicable law, we do not make any promises about the availability of the Shay The Leprechaun Shop or any services made available through it. In particular, we disclaim any liability in connection with any technical problems you may experience with the Shay The Leprechaun Shop that may result in interruptions to the Shay The Leprechaun Shop or the service it delivers, or any bugs or viruses on the Shay The Leprechaun Shop other platforms that the Shay The Leprechaun Shop is delivered through, the server that makes the Shay The Leprechaun Shop available or the content made available through the Shay The Leprechaun Shop. It is your responsibility to implement satisfactory safeguards and procedures to make sure that any files you obtain through the Shay The Leprechaun Shop are free from such contaminations or other harmful properties.

8.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO THE FOLLOWING CATEGORIES: (A)ANY LOSS OF: INCOME OR REVENUE; BUSINESS; BARGAIN; PROFIT; GOODWILL; REPUTATION; OPPORTUNITY; WASTE OF MANAGEMENT; OR OFFICE TIME; OR (B) ANY INDIRECT LOSS.

For customers resident in Italy:

8.8 We promise that we will operate the Shay The Leprechaun Shop with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of the Shay The Leprechaun Shop or any services made available through it to the extent that the unavailability of the Shay The Leprechaun Shop or any services made available through it is due to circumstances beyond our reasonable control as specified under section 8.4.

9 Indemnity

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively and individually, the “Service Providers”) from and against any and all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages and costs, including legal fees, costs, and expenses to the extent resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Shay The Leprechaun Shop using your account or computer. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you at your reasonable expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

10 Changes to these Terms

10.1 Subject to applicable law, we may change these Terms from time to time. See the end of these Terms & Conditions for details of the date when they were last updated. We may notify you of such changes by posting a copy of the changes on the Shay The Leprechaun Shop.

10.2 For each order made on the Shay The Leprechaun Shop, the version of these Terms in force at the time when you ordered the relevant item from us will apply to the order, unless any change to these Terms is imposed by law or governmental authority (in which case, it will automatically apply to orders previously placed by you). If, however, after accepting your order, we need (for any other reason) to change these Terms as they apply to the order, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. In such case: (a) you may cancel either for the whole order or just the part of the order that you have yet to download or access; and (b) if you choose to cancel, we shall arrange a corresponding refund of the price that you have paid.

10.3 You are responsible for keeping your account information up-to-date, including your email address. If the email address to which we send a notification to you under this section is no longer valid but you have failed to notify us of this, the sending of our email (notifying you of modified Terms) will be deemed, nonetheless, to be effective notice of the modified Terms. Please also read about changes and notifications of changes to the way we collect, use and/or share personal information in our Privacy Policy and Cookie Policy.

11 Further information

11.1 These Terms and your use of the Shay The Leprechaun Shop and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their formation or your use of the Shay The Leprechaun Shop shall be governed by, and construed in accordance with, the laws of Ireland. Any such disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of Ireland.

11.2 Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our digital content may receive consideration for their endorsement.

11.3 How to contact us

For complaints or how to contact us, please see shaytheleprechaun@gmail.com.

Please note, we only provide customer service support in English.

For customers resident in Germany: We neither will nor are obliged to participate in dispute settlement proceedings before consumer arbitration boards. Last updated: 1 Dec 2019