Terms of service

OVERVIEW

This website is operated by The Book Resort Ltd. Throughout the site, the terms “we”, “us” and “our” refer to The Book Resort Ltd. The Book Resort Ltd 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.  The 'Site' refers to this website.

By visiting our site and/ or purchasing something from us and/ or subscribing to us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

By accessing, subscribing to The Book Resort Ltd, or using any The Book Resort Ltd operated site or mobile application (or any content, service), you agree to abide and be bound by the terms of service described herein.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The Book Resort Ltd is a company registered in and operating from the Republic of Ireland.  Our registered address is Ireland. 

The Book Resort Ltd complies with Irish consumer law including the Distance Selling Regulations. By visiting our website you accept and agree to the content of these Terms of Service. Our Terms of Service do not affect your statutory rights.

By continuing to use our site you are agreeing to the terms set out below and are confirming that you are above the Irish legal age to purchase which currently stands at 18 years of age. Persons under this age in Ireland are not permitted purchase, receive or subscribe to any goods or services from this site.

By completing and submitting the electronic order form on the site you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

By making that offer to purchase goods, you are also authorising The Book Resort Ltd to deduct the amount from the card or payment method provided and if you are ordering a subscription, to make reoccurring payments on that card. We will confirm acceptance of your order by email, stating that the goods ordered have been dispatched.  This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. Where we are unable to fulfill part or all of your order we will contact you and arrange to refund or replace the items.  

We reserve the right at any time after receipt of your order to accept or decline your order. The Book Resort Ltd reserves the right to decline sales to any party.

Service may be refused for people using a discount code multiple times using different email addresses.  We will contact you and arrange a refund.

Our listed prices include shipping fees in Ireland (including the north of Ireland) 

All orders placed on our website are subject to availability.

Products will be shipped according to our shipping terms. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  You must be 18 or over in Ireland.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - SITE & CONTENTS OWNERSHIP

The Site is owned by The Book Resort Ltd. All of the content displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“The Book Resort Ltd") its licensors or its third-party image partners. All elements of the Site, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

All content is intended for customers of The Book Resort Ltd. You may not use the Site or for any purpose not related to your business with The Book Resort Ltd You are prohibited from: (a) copying or re-transmitting any or all of the Site or content without a written agreement from The Book Resort Ltd; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any The Book Resort Ltd. product or service if you are not authorized to do so; (d) modifying any part of the Site or The Book Resort Ltd. (e) disabling or interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing or leasing any content without specific written authorisation from The Book Resort Ltd.; and (g) using the Site other than for its intended purpose. (h) Additionally, you agree not to use the Site or contents in any manner that could damage the reputation of the company. 



SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES 

Products are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products.  We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - 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.


SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 


SECTION 9 - THIRD-PARTY 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.

SECTION 10 - 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, 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libelous 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.

By using any interactive areas, you agree not to upload or create or otherwise publish through the Site any of the following: a. Any data, information, text, music, sound, comment, photos, graphics, code or other material ("User Content") that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; b. Viruses, corrupted data or other harmful, disruptive or destructive files; and c. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

SECTION 11 - REGISTRATION DATA & ACCOUNT SECURITY

By using the Site or subscribing to The Book Resort Ltd  you agree to: (a) provide accurate information about you on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the data and any other information you provide.

Your security is paramount to us. We use a reputable third party to process all payments ‘Stripe Europe Ltd’ (Data Protection Ref: 13901/A), and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third party security breaches.


SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 13 - SUBSCRIPTION CONDITIONS

By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.

Any introductory discount applied on the 6 or 12 month subscription means you have a minimum of another 6 or 12 payments due on your commitment term before you can cancel.  All of our introductory discounts and offers are only applied on the 6 or 12 month subscription. 

Subscription Renewal: By signing up to The Book Resort Ltd subscription you understand and agree you will be charged at the standard rate.  You understand and agree that you will be automatically billed after your current subscription of 1, 3, 6 or 12 months expires unless the subscription is 'set to cancel' before your final payment date in your initial commitment.

Your subscription is continuous until you cancel and if you cancel before the end of the commitment period, you must pay the full value of the boxes received to date. 

IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW MONTHLY.

Cancellation: You can cancel at any time or contact us and we will do it for you.  We will confirm to you by email that your subscription is cancelled.  If you do not receive such an email, you must contact us or cancel your subscription yourself.

If you have availed of a discounted/free box offer and committed to a 6 or 12 month commitment subscription and wish to cancel you must pay the full value of the boxes you have received.
Your subscription is continuous until you cancel and, if you cancel your subscription before the end of a commitment period, you will you must pay the full value of the boxes you have received.

By The Book Resort Ltd stating you can cancel at anytime this directly refers to the renewal and not your commitment term.

Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire commitment period.  If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and you must pay the full value of the boxes you have received.

You can only cancel after the first box if you select a month to month subscription.  A 6 month or 12 month commitment subscription is different and you have agreed to stay for the entire subscription period. This policy protects The Book Resort Ltd from abuse of our discount systems given to new members who want to join up on a new subscription. If you agree to a 6 month or 12 month subscription you need to stay for the full commitment period.  Normal month to month can be cancelled at any point.

Cancellations must be completed before the next renewal date.

Your subscription payment will process on the same date of the month that you signed up for.   For example if you signed up on the 20th of January, your renewal payment will process on the 20th of every month.  We can change the renewal date if you wish.  

Billing & Payments : You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., 6 or 12 month subscription) you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period.  Unless you cancel your subscription prior to the end of your then current subscription period, at the end of that period, your subscription will automatically be renewed monthly.


SECTION 14 - 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.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - 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 The Book Resort Ltd, 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.

Disclaimer

The Book Resort Ltd will not be liable for any damages of any kind arising from contents contained within your The Book Resort Ltd box (including but not limited to, personal injury, pain and suffering, emotional distress, choking, medical complaints, death or injury to any animal or person.

You, not The Book Resort Ltd, assume the entire cost of all necessary medical bills, or any arising legal fees or bills whatsoever due to your subscription to The Book Resort Ltd and our services including our products.

The Book Resort Ltd. will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.

In no event shall The Book Resort Ltd., its directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, The Book Resort Ltd content or the materials contained in or accessed through the site, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to The Book Resort Ltd records, programmes or services. You agree total cumulative liability shall not exceed the amount paid to The Book Resort Ltd. for that calendar month in question.

Irish law shall apply to these Terms, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the Irish courts.


SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Book Resort Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree to defend, The Book Resort Ltd ts affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) issues arising out of or related to anything connected to the contents of your The Book Resort Ltd box.

You also agree to defend, indemnify and hold harmless The Book Resort Ltd, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to anything related to User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the The Book Resort Ltd. content, or your violation of any rights of another.

 

SECTION 18 - SEVERABILITY

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

SECTION 19 - 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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 20 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.

SECTION 22 - SPECIAL OFFERS & DISCOUNTS

Occasionally we run special offers and discounts on the website.  Sometimes these special offers and discounts are limited to one per person.  If a person/persons uses a discount multiple times we reserve the right to cancel the order and refund.  This applies even if the discount code is different from the one used before. 

If a person signs up for a special offer with a minimum length commitment and wishes to cancel before the end of the minimum length, the customer must pay the full value of the boxes received to the company..

SECTION 23 - CORRESPONDENCE

We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at anytime.

SECTION 24 - CUSTOMS CHARGES & VAT

Please note that customs charges may apply when shipping to a country outside the EU.  These charges are the responsibility of the customer receiving the box and must be paid by the customer.  


SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at "thebookresortie@gmail.com".

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 Service 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 Service constitutes acceptance of those changes.  Any changes will be effective immediately upon posting on the site.