FRECKLES — Terms of Service — June 2018
Patrick McGlynn Limited , Company Number 481455, trading as under the style and title of Freckles having its principal office at Unit 58 ILAC Centre, Parnell Mall, Parnell Street, Dublin 1( hereinafter called “Freckles”which expression shall where the context so admits or requires , includes it successors, and assigns) owns and operates Freckles.ie and FrecklesChildrensWear.ie ( hereinafter collectively called the “Freckles Websites”).
Freckles welcomes you to browse our website and to read the general Information about the range of Products which Freckles may potentially have available in our Retail Shops located in Dublin, and through our website or made available through our Channel Partners.
By visiting Freckles retail shops and / or by viewing or using the Freckles websites and / or by viewing or posting information or comments on any Social Media Platform page content posted by Freckles, you confirm your agreement with and acceptance of the within Freckles Terms of Service and any Supplemental Product Specific Terms applicable to any specific item of Clothing or Product or Services which you may wish to purchase through Freckles Retail Shop locations or purchase online through any Freckles website or via any other digital platform where Freckles operates a User Account..
1) The English Language version of the within Freckles Terms of Service dated June 2018 supersedes all previous versions and applies to all categories of User and / or Customer where so ever located in the world, and applies in respect of the Freckles websites and all Products supplied by Freckles (hereinafter called “ the Products”)
2) Freckles reserves the right upon giving 14 days prior notice posted on our website to update, alter or amend the provisions of these Terms of Service or to introduce additional new further or Supplemental Terms of Service that are specific to a new or updated Product or Service or Delivery System and all new, amended or supplemental Terms shall become fully operative and binding Terms within 14 days of the date of when first publicly announced.
3) Supplemental Terms and Conditions may apply if you purchase Items such as Underwear or Jewelry , or Items on Special Discount Sale Deals, Marketing Promotions or other Product or Services. The obligations of Freckles in relation to any Products or Delivery Services are governed solely by the specific product terms upon which they are stated to be provided upon, at time of purchase and nothing in these Terms of Service shall be construed as altering or over-riding such specific product terms.
- Your total price may include the price of the Products or Services, plus Value Added Tax or other local Sales Tax, or Import Duty applicable in your country.
- Depending on the Weight of the Products, the location to which the Customer requests the Products be delivered, and depending on whether Customer is satisfied to use standard Postal Delivery or if Customer requests delivery by Private Courier, the amount charged for Delivery will be added to the price of the Products and the Customer shall be informed of the total price for both Products and Delivery, prior to Freckles processing the Purchase Payment.
- Freckles charges in Euro currency and accepts Debit Cards and Credit Cards and subject to approval by Freckles you may also be able to use other payment methods such as Facebook payment, Apple Pay, Google Pay, AliPay, PayPal, Stripe, Realex or inter Bank Electronic Transfer. Details of Total Product Price together with details of any applicable Local Taxes and any applicable Delivery Charges will be displayed before you finally decide to buy the Product. Please be aware that your Bank, Debit Card company or Credit Card company may charge you Transaction Levy or Currency Exchange fees for paying for goods or services.
- You authorise Freckles its servants and agents to charge or debit your Card for the purchase price of the Products or Services plus any applicable local taxes and delivery charges. Once you submit your payment Card details you authorise Freckles to store and use those Card details for future transactions and renewals of any subscriptions that you may request, unless you send us details of an alternative Card.
- If any Product or Service is fraudulently obtained or if your Debit Card or Credit Card payment is reversed or stopped, Freckles may close your account and cancel Database access or Product delivery.
- If you Order Online and pay Online, you may chose to collect your Products in person by calling in to the Freckles Store in the ILAC Centre, within 7 working days of Date of Online Order, but you must show Proof of Identity and Proof of your Customer Order Number at time of collection. If the Customer does not collect the Products from Freckles Store within 14 Working Days from Date of Online Order, then the Order shall be deemed to be cancelled and Freckles will refund the Customer, but Freckles shall not be obliged to hold the Products and may resell them to another Customer.
- Freckles can deliver by Recorded Post, Courier or using Delivery Services such as DPD.ie and An Post Courier. Freckles will deliver to the Address as nominated by the Customer at time of Order.
- In the event that Delivery Courier can not get Access to an Apartment within an Apartment Block Complex or in the event that the Customer is not at the Address to receive the delivery then An Post will leave a Note stating that the Package can be collected from An Post Sorting Office in the region, and Courier of Delivery Service, shall make 2 Visits to an Address and if Customer is not available, then Courier may return the parcel back to Freckles.
- Freckles can not be held liable for events outside its control such as Strikes or other form Industrial Action, extreme Weather Events, Road Closures, Security Alerts or other Force Majeure which may delay or prevent Freckles or the Delivery Courier, from delivering the Product to the delivery address nominated by the Customer.
Returns & Exchanges
- If you find that the Size of the product which you have purchased in not the correct Fit, and if you wish to Exchange the Product which you have purchased for a different size, then All Products returned by the Customer to Freckles must be returned to Freckles together with the original Dispatch Note setting out the Customer`s details including Purchase Order Number. Subject to Freckles having an alternative Size in that Product style available in Stock, Freckles may be able to Exchange the product initially purchased by the Customer for an replacement Size. But the costs of Returning the Exchange Item and the costs of Delivery of the replacement item, shall be borne by the Customer.
- Pursuant to the provisions of the European Union Distance Selling Directive as implemented within Irish Law, you as an Online Customer have the right to a Cooling Off Period and you may cancel your Online Purchase from Freckles, within 14 days from date of Delivery of the Goods by Freckles or its Delivery Service Providers, to the Address nominated in your Order.
- In the event that you wish to cancel your Purchase within 14 days of date of Delivery, then to qualify for a full refund of the cost of your Purchase, you must return to Freckles at Unit 58 ILAC Centre, Parnell Mall, Parnell Street, Dublin 1 , Ireland , the Products which you no longer wish to Purchase.
- All Products must be returned to Freckles together with the original Dispatch Note setting out the Customer`s details including Purchase Order Number.
- All Products returned by the Customer to Freckles must be returned in good condition, together with the original Packaging and Labels so they are of merchantable quality and capable of being resold at full price by Freckles.
- The Customer may return the Products by delivering them in person, back to Freckles Store located at Unit 58 Parnell Mall, ILAC Centre, Dublin 1, Ireland . For Returns made in Store, refunds will be processed in digital format online by Freckles on the same day, but it may take your Bank or Card Provider a further 3 to 5 Working Days, to complete the digital transfer of the refund payment into your Account. Under no circumstances shall Freckles be required to make payment in Cash of any Refund, in cases where the Customer paid using a Debit Card, Credit Card or other payment platform such as PayPal.
- Alternatively the Customer shall at their own expense return the Products to Freckles at Unit 58 Parnell Mall, ILAC Centre, Dublin 1, by Recorded Delivery Post or by Courier or by using a returns service in Republic of Ireland like DPD.ie or ReturnMyShopping.ie , and it shall be a matter for the Customer to ensure that the Products which they wish to return to Freckles, are returned within a time limit of 28 days, from the Date when the Products were first delivered by Freckles to the address nominated by the Customer.
- Customers living in Northern Ireland or other parts of the United Kingdom, can use a returns service such as DPD in Northern Ireland or CollectPlus in England, Scotland or Wales.
- When a Customer is Returning Products, Freckles shall only be obliged to refund the Purchase Price and VAT charged in relation to the Products supplied and Freckles shall not have any liability to refund the Cost of Delivery Charges and / or VAT levied by any Delivery Courier Service Provider or Parcel Motel, which the Customer chose to use at the time of the initial purchase.
- It shall be the responsibility of the Customer to use Recorded Postage or a Tracked Delivery Courier Service, and to provide Freckles with proof of return of the Products to Freckles by Postage or proof of return of the Products to Freckles by Courier, before Freckles is obliged to process the payment of a Refund to the Customer.
- Refunds will be made to the Customer Name, using the same method as used for the initial payment, and refunds will be made to the same Bank Account, Debit Card, Credit Card or PayPal account as was used to make the initial payment.
- If you believe that any Product or Service supplied by Freckles is incorrectly supplied, is faulty or otherwise damaged or defective or unfit for purpose please make a formal written compliant to Freckles within 14 days of Date of Delivery.
- Nothing in these Terms shall affect you Statutory rights as a Consumer to be refunded if Product or Service is incorrectly supplied, is faulty or otherwise damaged or defective or is unfit for purpose.
- Freckles grants you a licences to access and view the Freckles.ie and the FrecklesChildensWear.ie websites on your Hardware system or Device and to register for a Customer Account with Freckles.
- You acknowledge and agree that Freckles websites are provided on an “As Is” basis and that Freckles cannot be held responsible for interruptions in service, loss or destruction of Data, or any act or omission that results in mistaken interruption of internet access or loss of personal settings.
- Freckles reserves the right at all times at its sole discretion , without prior notice, to restrict access, amend, suspend temporarily or discontinue permanently the Freckles Websites, the Products and / or Services or any features or part of them.
- Freckles currently allows individual users select individual items of content that is stored on our Servers and view User Dashboard and to save some user Data.
10.1 You agree that Freckles may at our discretion delete accounts that are inactive for more than 12 months.
10.2 Some of the Product Features or Support Services such as Discount Vouchers, Promo Codes, Offers of Free Delivery, may be made available to users for specified limited time period and cannot be used after that time period expires.
10.3 You acknowledge and agree that not every part of the Freckles Websites, Products and / or Services will operate or be accessible across every device and that some devices or device operating systems may not be suitable to access or view the Products or Services.
11.1) You warrant and confirm that you are aged 18 years.
11.2) To access the full website and to use some features within the Freckles websites such as selecting items to put in to an online Shopping Basket and other functions you are required to register an account and set up your User ID and Access Password. In addition if you purchase some additional premium features or other services you may receive a Product Password that is sent to you so that you personally may use certain additional services. You agree and confirm that you shall not share your Access Password or you Product Password (hereinafter called the “Confidential Passwords”) with any other person.
11.3 ) You confirm and agree that it is your personal responsibility to ensure that all the Confidential Passwords for your Freckles account are kept secret and not disclosed to any other person.
11.5) If you think your password confidentiality has been compromised or your account has been misused you agree to inform Freckles immediately without delay via Contact Form on website
Freckles Proprietary Rights
12.1) With the exception of your own personal User generated Content, all other Content and Services are licensed to you subject to these Terms of Service and are fully owned by Freckles and all the estate, right , title and interest in all parts of the intellectual property and goodwill in the Freckles Websites are owned by Freckles, and are expressly protected by Copyright, Patents, Service Marks and Trade Mark laws or are protected as result of Freckles having acquired implied rights both as a creator and by regular use.
12.2) All Freckles websites, artwork and graphics, visual interfaces, slogans, product names, Logos, including the look, style and visual identity of the Freckles websites are part of the intellectual property, trade dress and specific brand features that go to form the brand identity of Freckles and no part of the Freckles name or brand identity can be copied, reproduced or used without prior written permission from Freckles.
12.3) You acknowledge that all Content and Information provided by Freckles under Licence to you are protected by Copyright and protected by other express and implied proprietary rights.
You acknowledge and agree that except as expressly authorised by Freckles in writing that you shall not copy, reproduce, translate , publish ,or seek to sell, licence, distribute, circulate or operate any commercial enterprise or any compilation list , variation or derivative product or service based on Freckles website or on any User content generated or displayed using Freckles digital platforms.
Use of Services and Sharing of Content
13.1) Freckles may from time to time synchronise your existing account settings and information across your devices and across all parts of the Freckles platform and send you Database Posting updates, Service updates or other Software updates or Product updates for Computer or other Devices which will automatically synchronise and electronically install and update your device and you consent to receiving and installing these updates.
13.2) Freckles does not claim any ownership in the Customer Account Profile information, Financial information or other content that you may choose to upload to your Customer Profile or to store in your Account ( hereinafter collectively called “Customer Content”) .
Subject to your chosen personal privacy settings, by uploading your Customer Content on any Freckles website of other Social Media Platform page operated by Freckles, You hereby grant to Freckles a perpetual worldwide royalty free licence ( with right to sub-licence), to process your Customer Content information for all purposes in connection with the provision of the Product or Services and as required to make such content operate across all media and devices within Freckles Product categories.
13.3) Freckles may send you content via printed Letter, Email, text message, Banner Advertising, Hyperlinks to Content, Products or Websites of third party independent Suppliers and / or independent Delivery Service Providers, or you may read content on pages of independent reviews. Freckles does not warrant or represent that it has control over these independent Suppliers or independent Delivery Service Providers.
You agree that Freckles has no liability for any loss or damage that you may suffer as a result of the acts or omissions of these independent Suppliers or independent Delivery Service Providers as a result of your relying on information contained in any Page, advertisement, link or brochure presented by any independent Supplier or independent Delivery Service Provider via the Freckles websites or other Freckles service platforms.
Play Fair — Respects Others
14.1) Freckles websites and Freckles Social Media pages are intended as service to help Customers identify and purchase a broad range of Childrens Wear products which might not otherwise be available in their local region . So please play fair and do not seek to cause harm to Freckles or to any other person or organisation and you confirm and agree that you shall not:
14.2) Upload any Fake Identity details, pretend to be someone else, post content that purports to be from somebody else or make any false representation about yourself or about your qualifications or affiliations with Freckles or with any other Information Provider or other organisation.
14.3) Use any Personal Identifiable Information or other contact information or use part of the services of Freckles to send Spam, Junk Mail, Promotional materials, unapproved advertising, pyramid schemes or chain letters or to send any solicitation messages or to engage in any unauthorised form of activity.
14.4) Upload or seek to distribute any information that is illegal, fake, hoax or misleading.
14.5 Upload any content that is owned by somebody else or content that is illegally obtained ,stolen property, secret, confidential, protected by copyright, trademark, service mark or content that you have no authority or no permission to use.
14.6) Attempt to use Freckles services for any illegal or immoral purpose that violates any Local, State, National or International Law or Treaties, including import or export restrictions, Privacy and Data Protection regulations or express laws and implied rights governing intellectual property and proprietary rights.
15.1) Freckles may filter content and block content, but You acknowledge that you use the Freckles website and Freckles Social Media pages at your own risk. Freckles has no obligation check the accuracy or monitor the suitability of every piece of content that is posted by you or by other persons.
If you wish to make a Complaint about any content or to Report a Problem relating to Freckles please email us via Contact Form on website.
Be Nice – Respect Us
16.1) Freckles is providing an information resource and product range that may be used worldwide and you agree that you shall not:
16.2) Seek to disrupt the normal operations of Freckles by attempting to upload any Virus, Malware, Worm or malicious code or seek to install or operate any device or programme that is intended to cause harm by deleting information databases, deny users access to services or otherwise overburden or slow down or disrupt the Freckles websites or prevent the normal operation of our website or any of our services.
16.3) Attempt to breach security systems or attempt to gain unauthorised access to any server, delivery platform or any database or any section or feature of Freckles websites or other services by attempting to hack, reverse engineer, mine passwords, send Phising emails or to cause harm or loss by any other illegal or unauthorised methods.
16.4)Attempt to copy or monitor the content of our website or the content of our other services or collect or monitor information about any Customers of Freckles or the users of our website and services by attempting to use methods such Page Scrapers, Bots Spiders or Crawlers, Deep Links or Adware or by any other unauthorised manual system or automated process, unless we have requested a spider from a Search engine approved by us to crawl over our public website pages.
16.5) Attempt to disguise the source of messages or content by manipulating identifiers or forging headers.
Links from other Websites
17.1)You acknowledge that Freckles has no control over external sites and that we do not endorse or approve any other website and that we have no responsibility for any content, products, downloads or other materials accessed by you via any external links.
You must make your own personal decision about how you access and interact with all other persons and websites that are external to the Freckles websites.
You agree that Freckles can have no liability for any loss, damage or distress allegedly suffered by your use or reliance on any content or materials accessed via links that are external to Freckles.
Limitation, Warranty & Disclaimer
18.1 All information supplied by Freckles in relation to Product Sizes and Colours , whether displayed on Freckles website pages, or displayed by independent persons or accessible as links or advertisements are provided on an “As Is” basis and you use same at you sole risk. Freckles gives no warranty and makes no representation that information about Sizes accessed by you will be complete, entirely comprehensive or accurate.
18.2) Freckles give no warranty express or implied that Products which are displayed on Freckles website will meet your requirements.
Freckles does not provide Advice about whether a certain Size Measurement stated on a product by a Manufacturer will be a good fit four your Child, so each user of the Freckles websites must make their own decision or seek advice from their own sources, to decide if the type of Product or Size chosen, suits their individual circumstances.
18.3) Freckles gives no warranty that the Freckles website will always be accessible and / or be uninterrupted, secure, free of fault, error, virus or unauthorised code and you acknowledge that it is your responsibility to have up to date anti-virus software on your Computer, Smart Phone or other device and that you are solely responsible for the consequences of any theft, loss, damage or destruction of data relating to your device.
18.4) Freckles makes no warranty, either express or implied, with regard to any third party software or open source software and such software is provided on an “As Is” basis and You acknowledge that you use same at your own sole discretion and risk.
18.5) In so far as is permissible under international law and applicable local laws, Freckles hereby expressly disclaims all general warranties that are not expressly granted under these Terms, including all implied warranties relating to accuracy of content, fitness for any particular purpose, merchantable quality, non-infringement and title.
18.6) If you fail to notify Freckles in writing of your claim within 14 Days of the date of your complaint first arising, then your time limit within which to bring a claim against Freckles is deemed expired.
18.7) In the event that Freckles is held to be in breach of these Terms of Service or in breach of Contract Law, Tort, any express Statute Law or implied term arising from your use of the Products supplied by Freckles, Website or Services you acknowledge and agree that the total liability of Freckles shall not in any event exceed a sum that is greater than either:
18.7.1) The total amount of fee paid by you to Freckles in the previous 12 month period prior to your cause of action accruing or,
18.7.2)Three times the total financial value of the Goods or Service purchased by you from Freckles in the previous 12 month period prior to your cause of action accruing .
18.8) Some countries have laws that prohibit exclusion of terms implied by Statute and prohibit limitations of damages and for details about your full statutory rights please consult your local trading standards office or citizens advice bureau.
20.1) Any copyright owner who believes that some piece of content or activity posted by another person on the Freckles websites, infringes their copyright should, pursuant to the Digital Millennium Copyright Act (“DMCA”), submit a formal written complaint to our Designated Agent via Contact Form on website and we will review your complaint provided it contains the following:
20.2) Description of the specific content or activity you allege are subject to copyright.
20.3) Specifics of the page or location on the Freckles websites where you saw the content.
20.4) Explain the basis upon which you claim your copyright in this content.
20.5) Details of your Name, Address, Phone number and email address so that we may contact you.
20.6) To confirm that the complaint has been submitted in good faith and is accurate, your complaint should state in writing that:
“ I personally affirm (a) I am the copyright owner or agent authorised to act on behalf of the copyright owner and that (b) the information contained in this complaint is accurate and that (c) I am aware that under the DMCA Section 512(f) any person who knowingly misrepresents that any material or activity is infringing, may be subject to penalty.”
21.1) You agree that:
21.2) These Terms of Service (including all Guidelines and other documents mentioned herein) form the entire basis of the agreement between you and Freckles.
21.3) All disputes relating to your use of the Freckles websites and Services shall be governed by the laws of the Republic of Ireland .
21.4) For the purpose of litigating any claims by you against Freckles you submit to the jurisdiction of and venue at the Irish Courts, Four Courts , Dublin 7, Ireland
21.5) If you are a Consumer resident within the European Union or countries that form part of the European Economic Area or Switzerland this Agreement shall be governed by the Law of the country where you reside.
21.6) In the event that any term of this agreement is held to be void, unenforceable or illegal then such term shall be deleted or limited to the least extent necessary and replaced with a valid term that reflects the agreed basis of the bargain between the parties and the other remaining terms of this agreement shall continue to be operative.
21.7) Freckles may apply for injunctive relief , court orders for discovery or directions or bring any case for damages or other relief in any jurisdiction where you reside or where a tort or breach of these Terms has been committed.
21.8) Any delay or failure by Freckles to identify a breach or to enforce absolute performance of the provisions of these Terms of Service in all cases , shall not be interpreted as a waiver by Freckles of any specific term or as a waiver of the ongoing right of Freckles to take action to protect and enforce its rights.
21.9) Freckles creates its web pages in the English Language and other language specific or country specific localised versions of the Freckles websites may be available.
While the main Freckles websites and product database may be accessible worldwide, not all Products, Content, Services or other functions or premium features such as payment methods will be universally available and all other language specific versions or country specific versions may not display the same content or provide the same Services on every localised version of the website.
For country specific or language specific Content or Services then Freckles shall make these localised Terms governing same, available to Users.
21.10) If you decide to access Freckles websites or use our Services from a location outside the Republic of Ireland then you do so at your own sole risk and you are responsible for complying with all applicable local laws.
Violation and Termination
22.1)You agree that :
22.2) If you wish to terminate your relationship with Freckles you may do so at any time by closing your account and deleting your account content. If you wish to cancel any Service or unsubscribe from any email or newsletter you can do so by clicking on the unsubscribe link.
22.4) Freckles may in its sole discretion choose to disclose Your personal identifiable information or any other information that is held in your Account, for purposes of investigating any issue or complaint relating to your use of the website or Services or to identify, contact and serve legal proceedings upon any person or persons who may either intentionally or unintentionally be in breach of their obligations under these Terms of Service or otherwise allegedly causing reputational damage, nuisance, harm or loss to Freckles or any of our other Clients or Customers.
22.5) Freckles reserves the right at its sole discretion to vary, suspend, cancel or discontinue all or any part of the range of Products and / or Services at any time.
22.6) Freckles shall have no liability to you or to any third party in the event that your access to the Product or Services is terminated or if Freckles varies, suspends, cancels or discontinues any of the Products or Services.
22.7) If you wish to delete your Account or any Content therein you may do so and you acknowledge that copies of any deleted content or Account settings may be maintained or be retrievable by Freckles from back up files.
22.8) Unless you first obtain the prior consent of Freckles, You shall not assign or transfer any rights, duties or obligation relating to your Freckles account and you agree that the rights to your Freckles USER ID, account information and content shall terminate upon your account being closed by you or terminated by Freckles.
22.9)This Agreement is valid and binding until terminated, but even if terminated the provisions of Clauses 1 to 20 shall continue in full force and effect.
22.10) Any Notices required to be sent to alter, amend or enforce these Terms of Service or for service of Legal Proceeding upon you, shall be deemed validly served if sent to you either at your contact email address or by ordinary Letter to the postal address stated by you in your Customer Account with Freckles.
Opinions, Comments and Suggestions
23) Freckles welcomes your opinions comments and suggestions via Contact Form on website.
Please tell us about your experience as a Client or Customer of Freckles and tell us what you think we could do to improve or extend our range of Products and Services.
You agree that any comments, opinions or suggestions that you send us are free of charge and are not confidential and that there are no restrictions as to how Freckles may use or publish such information.
Freckles — June 2018