Terms & Conditions
OVERVIEW
Welcome to Margaret Cork! The terms ‘we’, ‘us’ and ‘our’ refer to Margaret Cork. Margaret Cork provides this store and website, including all related information, content, features, tools, products and associated services, to give you, the customer, a personalized shopping experience (“the Services”). Margaret Cork uses the Shopify platform, which enables us to provide the Services. The following terms and conditions, together with the policies referenced herein (“Terms and Conditions” or “Terms”), set out your rights and obligations when using the Services. Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions as well as our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms and Conditions, you represent that you have reached the age of majority in your state or country of residence, and that you have given us consent for any minors under your parental responsibility to use the Services on devices you own, purchase, or manage.
To use the Services, access or browse our online stores, or purchase products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our stores is correct, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account information and for all activities carried out under your account. You may not transfer, sell, assign, or sublicense your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to accurately present our products and services in our online stores. Please note, however, that product colors or appearance may differ from what is shown on your screen, depending on the device you use to access the store and your device settings.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is shown or presented in our online stores.
All product descriptions may be changed at any time without prior notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit the quantities we offer to any person, in a specific geographic area, or in a specific jurisdiction, at our sole discretion.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Margaret Cork reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not considered accepted until Margaret Cork confirms its acceptance. We must have received and processed your payment before we accept your order. Please review your order carefully before submitting it, as Margaret Cork may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to contact you using the email address, billing address, and/or phone number you provided when placing the order.
Your purchases may be returned or exchanged in accordance with the Return Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and offers are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will appear in the confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling costs, duties, or import fees.
Prices in our online stores may differ from those offered in physical stores, other online stores, or stores operated by third parties. We may from time to time offer promotions, which may affect prices and are subject to separate terms and conditions. In the event of a conflict between the promotion's terms and these Terms, the promotion's terms will apply.
You agree to provide current, complete, and accurate information about your purchases, payment, and billing for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for purchases, (iii) the amounts you incur will be accepted by your credit card issuer, and (iv) you will pay the amounts you incur at the stated prices, including postage and handling costs as well as any applicable shipping costs.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or circumstances beyond our control. Once we have handed the goods over to the carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, logos, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, belong to Margaret Cork, its affiliates, or its licensors and are protected by patent, copyright, and other intellectual property laws in the United States and other countries.
These Terms permit use of the Services only for personal, non-commercial purposes. You may not create, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms shall be construed as granting, and shall not be construed as granting, any license or other rights to any patent, trademark, copyright, or other intellectual property rights belonging to Margaret Cork, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state copyright laws. All rights not expressly granted herein are reserved by Margaret Cork.
Margaret Cork's names, logos, product and service names, designs, and slogans are trademarks of Margaret Cork, its affiliates, or its licensors. You are not permitted to use these trademarks without Margaret Cork's prior written permission. Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may access third-party tools made available as part of the Services, which we do not monitor, control, or otherwise have any involvement in.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for any harm or loss arising from your use of additional third-party tools.
Any use of the optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which these tools are made available by the relevant third-party provider. We may also offer new features through the Services in the future (including the launch of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party resources). We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or websites you access. If you choose to leave the Services to access such third-party material or websites, you do so at your own risk.
We are not responsible for any harm or loss arising in connection with your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Please read the third party's policies and practices carefully, and make sure you understand them, before completing a transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANTS: This section accurately describes Shopify's relationship to your store and must not be removed or modified.]
Margaret Cork uses the Shopify platform, which enables us to provide the Services. However, all sales and purchases in our store take place directly with Margaret Cork. By using these Terms, you acknowledge and agree that Shopify is not responsible for any issues relating to sales between you and Margaret Cork, including personal injury, damage, or loss arising from the products and services you have purchased. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising in connection with your purchases and transactions with Margaret Cork.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.
Since Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information submitted to the Services is transferred to and shared with Shopify as well as with third parties who may be located in countries other than your country of residence, so that we can provide the Services to you. For more information on how we, Shopify, and our partners use your personal information, please see our privacy policy [LINK].
SECTION 11 – COMMENTS
By submitting, uploading, posting, emailing, or otherwise transmitting ideas, suggestions, comments, reviews, designs, or other content (collectively “Comments”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to administer, provide, evaluate, improve, and perform the Services, as well as to fulfill our obligations and exercise our rights under the Terms.
You further represent and warrant that: (i) you own or have all necessary rights to all Comments, (ii) you have disclosed any compensation or incentive you have received in connection with submitting your Comments, and (iii) your Comments comply with these Terms. We do not guarantee and are not responsible for (1) the confidentiality of your comments, (2) payment for your comments, or (3) responding to your comments.
We may, but are not obligated to, monitor, edit, or remove comments that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringe a third party's intellectual property rights or these Terms and Conditions. You agree that your comments will not infringe any third-party rights, including copyright, trademarks, right to privacy, right of publicity of a name, or other personal or property rights. You also agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, or any computer virus or other harmful software that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for any comments you submit and for their accuracy. We assume no liability for comments submitted by you or a third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery 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 is inaccurate, at any time and without prior notice (including after you have placed your order).
SECTION 13 – PROHIBITED USES
You are entitled to access and use the Services solely for lawful purposes. You may not access or use the Services, whether directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any local, regional, national, or international laws or regulations; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against any of our employees or other persons; (e) to submit false or misleading information; (f) to upload or send material that does not comply with these Terms; (g) to forward promotional or sales material, including “spam”, “chain letters”, or similar; (h) to impersonate another person or entity; or (i) to engage in conduct that restricts or prevents others from using or accessing the Services, or that, in our judgment, may harm Margaret Cork, Shopify, or users of the Services, or expose them to liability. You further agree not to: (a) upload or modify malicious code that affects the functionality of the Services; (b) reproduce, copy, sell, resell, or exploit any part of the Services; (c) collect or track third parties' personal information; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, the website, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access (or any part thereof) at our sole discretion, at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following provisions will survive termination: Copyright, Comments, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER
The information on the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on this information is entirely at your own risk. We assume no liability arising from your or anyone else's reliance on this material.
UNLESS MARGARET CORK EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, MARGARET CORK, OUR AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, OR OTHER COSTS, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY PRODUCT PURCHASED THROUGH THE SERVICES OR IN CONNECTION WITH ANY OTHER CLAIM RELATED TO ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Margaret Cork, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any claim, liability, or damage, including reasonable attorneys' fees, asserted by a third party arising out of or in connection with (1) your breach of these Terms, (2) your violation of applicable law or a third party's rights, or (3) your access to and use of the Services.
We will notify you of any indemnification claim, and failure to provide timely notice will not relieve you of liability for other claims, unless you suffer material harm as a result. We may assume the defense and settlement of such a claim at your expense, including choice of counsel, and we will not agree to any settlement that requires non-monetary concessions from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense against claims, including by providing relevant documentation.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that provision will be enforced to the extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules we publish on this website or in connection with the Services, constitute the entire agreement between you and us and govern your use of the Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreement under which we provide the Services are governed by and interpreted in accordance with the laws of the jurisdiction in which Margaret Cork is based. You and Margaret Cork agree to the jurisdiction of those courts.
SECTION 22 – HEADINGS
The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
You can view the most current version of the Terms on this page at any time.
We reserve the right, at our sole discretion, to update, change, or replace these Terms and Conditions at any time by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and the changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms and Conditions are posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms can be sent to info@margaretcork.com
Our contact information is listed below:
info@margaretcork.com