Welcome to clanirwin.org. The Clan Irwin Association ("Clan") provides website features and other products and services to you when you visit or shop at clanirwin.org, use Clan products or services. Clan provides the Clan Services subject to the following conditions:
By using Clan Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Clan Services, and sometimes additional terms may apply. When you use a Clan Service, you also will be subject to the guidelines, terms and agreements applicable to that Clan Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Clan Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other Clan Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Clan Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Clan or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Clan Service is the exclusive property of Clan and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Clan Service are trademarks or trade dress of Clan in the U.S. and other countries. Clan's trademarks and trade dress may not be used in connection with any product or service that is not Clan's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clan. All other trademarks not owned by Clan that appear in any Clan Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clan.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Clan or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Clan Services. This license does not include any resale or commercial use of any Clan Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Clan Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Clan or its licensors, suppliers, publishers, rightsholders, or other content providers. No Clan Service, nor any part of any Clan Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Clan. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clan without express written consent. You may not use any meta tags or any other "hidden text" utilizing Clan's name or trademarks without the express written consent of Clan. You may not misuse the Clan Services. You may use the Clan Services only as permitted by law. The licenses granted by Clan terminate if you do not comply with these Conditions of Use or any Service Terms.
Clan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Clan to state your claim.
RISK OF LOSS
All items purchased from Clan are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Items offered for sale by Clan Irwin Association are divided into two categories: CUSTOM or READY MADE.
Custom items are not returnable or exchangeable. This includes, but is not limited to kilts made to your measurements, custom sizes of jackets and/or vests all items made in the Poly Viscose fabric.
Accurate measuring is essential! There are no returns on custom made items.
Ready Made items are returnable within 14 days of the original postage date, “new with tags/new in box”, in good condition for resale. Resalable condition is defined as: items cannot be washed, dirty, worn, ripped, have the tag off or anything else that would prevent us from selling it to someone else as “new”. Items returned that we deem as resalable within the 30 day period can be exchanged or returned for a refund. Shipping charges for returned item are not refundable. If you would like to exchange an item there will be an additional shipping charge to ship the new item. Ghillie brogues must be unworn and in the box in “new” condition. (Returned with the shoe box inside another shipping box). When in doubt, wear them for 5 minutes, inside on carpet. Kilt hose are not returnable, if opened, for sanitary reasons.
If you would like to return or exchange and item, please call us at (309) 852-5515 or email us at firstname.lastname@example.org before you ship the item back to discuss your options. Please do not ship an item back to us without contacting us first. If you do so, we are not responsible for lost or stolen items.
Clan attempts to be as accurate as possible. However, Clan does not warrant that product descriptions or other content of any Clan Service is accurate, complete, reliable, current, or error-free. If a product offered by Clan itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Clan, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Clan is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
CREDIT CARD CHARGES
How Clan charges your credit cards is dependent upon what you are ordering. For custom made items your payment must accompany the order. Your credit card will be charged upon receipt of the order. In stock items the credit card will be charged upon receipt of the order. The order will ship within 3 business days. For special order items, the credit card will be charged when the order ships.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Clan SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Clan SERVICES ARE PROVIDED BY Clan ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Clan MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Clan SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Clan SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Clan SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Clan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Clan DOES NOT WARRANT THAT THE Clan SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Clan SERVICES, Clan'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Clan ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Clan WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Clan SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Clan SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Clan Service, or to any products or services sold or distributed by Clan or through clanirwin.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at ....
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Clan Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Clan.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Clan Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
c/o Barbara Edelman
65 Colonial Drive
Telford, PA, 18969
How to Serve a Subpoena
If you have a subpoena to serve on Clan, please note that Clan does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Clan, preferably by mailing the subpoena to us at our address above.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; and IP address and complete time stamp for AWS information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint directly to us. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please note that this procedure is exclusively for notifying Clan that your copyrighted material has been infringed.