Terms of service
Terms of Service
OVERVIEW
Welcome to Orbela Tails! The terms "we", "us" and "our" refer to Orbela Tails. Orbela Tails operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Orbela Tails is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have any consent required by applicable law for your use of the Services.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.
You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You may not transfer, sell, assign or license your account to another person except where permitted by applicable law.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate representations and descriptions of our products.
However, colors and product appearance may differ slightly from how they appear on your screen due to your device, display settings, lighting or other factors.
Product dimensions, appearance and other characteristics may also vary slightly where reasonable and where such variations do not affect your statutory rights.
All product descriptions are subject to change where necessary. We reserve the right to discontinue products or limit available quantities, subject to applicable law.
Nothing in this section limits any rights or remedies available to you under applicable consumer law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase.
Orbela Tails reserves the right to accept or decline an order where permitted by law, including where a product is unavailable, pricing information is clearly incorrect, payment cannot be processed, fraud is suspected or delivery cannot reasonably be completed.
Your order is accepted when we confirm acceptance or otherwise begin fulfilling it.
Please review your order carefully before submitting it.
We will try to accommodate cancellation requests where possible. However, if fulfilment has already started or the order has already been dispatched, cancellation may no longer be possible and you may need to use our return process after delivery.
If we cannot accept or fulfil your order, we will attempt to notify you using the contact information provided with your order.
Your purchases are subject to returns and refunds in accordance with our Refund Policy.
Products purchased through our store are intended primarily for personal or household use unless otherwise agreed.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged will be the price shown at checkout when your order is placed.
Prices shown to consumers include applicable taxes where required by law.
Any additional shipping charges will be shown before you complete your purchase where applicable.
Depending on your delivery country, customs duties, import taxes or other charges may apply. Where such charges are not collected by us at checkout, they may be charged separately by local authorities or delivery providers.
We may offer promotions that are subject to additional terms. If specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store.
You also agree to keep relevant information reasonably up to date so that we can process transactions and contact you when necessary.
You represent that you are authorized to use the payment method provided.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times shown on our website are estimates unless expressly stated otherwise.
We are not responsible for delays caused by events outside our reasonable control, including carrier disruption, customs processing, severe weather, strikes, transportation disruption or other unforeseen events.
We will take reasonable steps to keep you informed where we become aware of a significant delay.
Risk of loss or damage to goods passes to you when you, or a third party designated by you other than the carrier, receives physical possession of the goods, except where applicable law provides otherwise.
For additional information about processing times, delivery estimates, shipping charges and tracking, please review our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, branding, text, website design, graphics, photographs, videos, audio and other content created or owned by Orbela Tails, are owned by or licensed to Orbela Tails and are protected by applicable intellectual property laws.
Third-party content, trademarks, reviews, photographs or other materials remain the property of their respective owners where applicable.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, republish, publicly display, transmit or commercially exploit material from the Services without appropriate permission, except where permitted by law.
Nothing in these Terms grants you a license or ownership right in any trademark, copyright or other intellectual property belonging to Orbela Tails, Shopify or any third party.
Orbela Tails names, logos, designs and branding are owned by or licensed to Orbela Tails.
Shopify's name, logo, products, services and branding belong to Shopify or its licensors.
Other names, logos and trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools or services offered by third parties as part of the Services.
We may not monitor or control those third-party tools.
Where permitted by law, third-party tools may be provided on an "as is" and "as available" basis without additional warranties from us.
Your use of third-party tools is subject to any applicable terms and policies of those providers.
We may introduce additional features or services in the future. Unless otherwise stated, those features will form part of the Services and be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, platforms or services operated by third parties.
We are not responsible for the content, accuracy, security or practices of websites that we do not operate.
If you choose to access a third-party website or service, you do so subject to that provider's terms and policies.
We recommend reviewing relevant third-party policies before entering into transactions or providing personal information.
Questions or complaints relating specifically to a third-party service should normally be directed to that provider.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Orbela Tails is powered by Shopify, which provides the ecommerce technology used to operate our online store.
However, purchases made through our store are made directly with Orbela Tails as the seller.
To the extent permitted by applicable law, Shopify is not responsible for our products, fulfilment, returns, customer service or other obligations arising from sales made by Orbela Tails.
Nothing in this section limits any rights you may have against Shopify or another party where such rights apply under law.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy and, where applicable, Shopify's privacy practices.
Because the Services are hosted through Shopify, Shopify may process certain personal information relating to your access to and use of the Services.
Information submitted through our store may also be processed by service providers involved in payments, fulfilment, shipping, analytics, customer support and other business operations.
Please review our Privacy Policy for more information about how personal information is collected, used and shared.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, photographs, videos, proposals or other content ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display and distribute that Feedback for purposes connected with operating, improving and promoting the Services, subject to applicable law.
You represent that:
- You own the Feedback or have permission to provide it.
- You have disclosed any compensation or incentive associated with the Feedback where required.
- Your Feedback does not violate applicable law or the rights of another person.
We may moderate, edit or remove Feedback where reasonably necessary, including where it is unlawful, abusive, defamatory, misleading, infringing or otherwise violates these Terms.
You must not impersonate another person, provide knowingly false information about the origin of Feedback or submit content that unlawfully violates another person's rights.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
Where permitted by law, we may correct errors, inaccuracies or omissions and update information where necessary.
Nothing in this section affects your statutory consumer rights.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not access or use the Services, directly or indirectly:
- For an unlawful or malicious purpose.
- To violate applicable laws or regulations.
- To infringe our intellectual property rights or the rights of others.
- To harass, abuse, threaten, defame or harm another person.
- To knowingly transmit false or misleading information.
- To distribute spam, phishing material or malicious software.
- To impersonate another person or entity.
- To interfere with the security or operation of the Services.
- To unlawfully collect or track personal information belonging to others.
- To bypass security or authorization features.
We may restrict or terminate access to the Services where we reasonably determine that these Terms have been materially violated.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
If you use automated software, agents, bots or similar technologies to access or interact with the Services, those technologies must comply with applicable law and any technical requirements or restrictions we establish.
Automated systems must not conceal their automated nature where disclosure is legally required, circumvent security controls, bypass CAPTCHAs, interfere with the operation of the Services or improperly avoid measures designed to control automated access.
We may limit or prevent automated access where reasonably necessary to protect the Services, customers or systems.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where permitted by law, including where you materially breach these Terms or misuse the Services.
You remain responsible for any amounts lawfully due before termination.
Any provision that by its nature should continue after termination will remain effective.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes.
Except where prohibited by applicable law, the Services and products are provided subject only to the warranties, guarantees and conditions expressly stated by us or required by law.
Nothing in these Terms excludes, limits or restricts any warranty, guarantee, condition, right or remedy that cannot lawfully be excluded or limited under applicable consumer law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Orbela Tails and its service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the Services where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by law.
Nothing in these Terms limits your statutory consumer rights.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Orbela Tails, Shopify and our respective service providers from third-party claims arising directly from your unlawful use of the Services or your material breach of these Terms.
This section does not apply where such an obligation would be unlawful or inconsistent with mandatory consumer protections.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the greatest extent permitted by law.
Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with the policies and other terms posted on our website relating to the Services, form the agreement between you and Orbela Tails regarding your use of the Services.
Nothing in these Terms limits any statutory right that cannot legally be waived.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
We may transfer or assign our rights and obligations where permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of Ireland.
If you are a consumer, nothing in these Terms deprives you of mandatory protections available to you under the laws of the country in which you normally reside.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service on this page.
We may update or replace parts of these Terms from time to time by posting an updated version on our website, subject to applicable law.
Where required by law, we will provide notice of material changes.
Your continued use of the Services after updated Terms take effect will constitute acceptance of those changes where permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Orbela Tails
Owner and seller: Zvonimir Papic
Business type: Sole trader
Business address: 48 Clonuske Drive, Balbriggan, County Dublin, K32 T627, Ireland
Email: hello@orbelatails.com
Website: orbelatails.com