Last updated: 26 September, 2023
These Terms of Use apply to the content and functionality of the process when you purchase CDs or digital files from donmckevitt.com.
You may give us information about yourself when you visit this site. Our Privacy Policy explains our practices with respect to that information. We may need to send you email messages in order to, for example, verify your identity or provide you with important information. You authorise us to send those messages when you visit donmckevitt.com and provide your contact details.
donmckevitt.com grants you a limited, revocable, non-exclusive, non-transferable license to access the donmckevitt.com shop. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorised use.
Details of the products available for purchase on donmckevitt.com are set out in the shop. All features, content, specifications, products and prices of products described or depicted in this shop are subject to change at any time without notice. Unless expressly noted, all descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the shop due to the limitations of the systems that you use to access the shop. The inclusion of any products in the shop at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
This Section 4 applies to shop products that are physical goods. For clarity, this Section 4 applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by donmckevitt.com. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. donmckevitt.com is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each shop product will be delivered FCA delivery location (as such location is designated on the applicable order).
Unless otherwise noted in the product description, products may be returned in their original unopened packaging and condition within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in an unopened and unused condition, in exchange for a refund.
To begin the return process, please contact us at [email protected]. Return shipping instructions will be provided. We will cover the cost of return shipping and will refund your purchase price in full.
We provide the donmckevitt.com products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by donmckevitt.com or obtained by you from or through the shop – whether from donmckevitt.com or another entity, and whether oral or written – creates or implies any warranty from donmckevitt.com to you.
donmckevitt.com disclaims any knowledge of, and does not guarantee:
(a) the accuracy, reliability, or correctness of any data provided through donmckevitt.com;
(b) that the donmckevitt.com products will meet your specific needs or requirements;
(c) that donmckevitt.com will be available at any particular time or location, or will function in an uninterrupted manner or be secure;
(d) that donmckevitt.com will correct any defects or errors in the shop; or
(e) that donmckevitt.com is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the donmckevitt.com shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would:
(a) contravene that law; or
(b) cause any term of this agreement to be void.
Under no circumstances will donmckevitt.com be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the donmckevitt.com shop or for the unavailability of the donmckevitt.com shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the donmckevitt.com shop, even if such damages are foreseeable, and whether or not you or donmckevitt.com has been advised of the possibility of such damages. donmckevitt.com is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the donmckevitt.com shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. donmckevitt.com further denies responsibility for all liability and damages to you or others caused by
(a) your access or use of the shop inconsistent with our instructions;
(b) any unauthorised access of servers, infrastructure, or data used in connection with the shop;
(c) any bugs, viruses, or other harmful code that may be transmitted to or through the shop;
(d) any errors, inaccuracies, omissions, or losses in or to any data provided to us;
(e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by donmckevitt.com in relation to the shop, and products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to donmckevitt.com during the three-month period immediately preceding the event that gave rise to your claim for damages, and Euro €20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
By using the donmckevitt.com shop, you agree that the laws of the Republic of Ireland without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and donmckevitt.com.
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the donmckevitt.com shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.