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Terms and Conditions

MyBook Heroes Terms and Conditions

Last update September 2017

These are the Terms and Conditions for Heroes MyBook Limited (also doing business as MyBook Heroes). We will do our best to fulfill your order and ship it in a timely manner as quoted in our Delivery description.

MyBook Heroes produces books that are personalized based on a child’s name and complexion. We intend to provide further personalization options as we grow the company. Each MyBook Heroes book is made to order for each child individually. This Site is owned and operated by Heroes MyBook Limited (which is also referred to as “MyBook Heroes”,“We”, “Us” within this terms and conditions). If you would like to contact us about anything contained on the Site then please contact us by email at:

info@mybookheroes.com

Our Offices are located at:

16 Agiou Epifaniou

Archangelos, 2055 Nicosia

Cyprus

These Terms and Conditions govern the contents and use of the website www.mybookheroes.com (the “Site) and set out the terms and conditions on which we supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering the Product you signify that you have read, understand and agree to be bound by these Terms and Conditions.

These Terms and Conditions shall apply to all sales of the Products by Us via the Site. If you do not agree with these Terms and Conditions then you may not use the Site.

Please note that we hold the right to modify these Terms and Conditions, and may do so from time to time, and thus you should review them periodically. If any possible modification is not accepted by you then you shall cease using the Site. If you do not stop using the Site you will be deemed to have accepted the change.

Definitions

“Buyer” means the person named on the Order;

“Contract” means the Order and Order Confirmation;

“Faulty” means containing a fault or defect; imperfect or defective;

“Order” means your order for a Product from the Site;

“Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the Buyer is responsible under the ‘Pricing and Payment’ section of these Terms and Conditions), subject to any promotional offer or discount then applicable;

“Terms and Conditions” means the standard terms and conditions of business set out in this document.

Accessing and using the Site

You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that is applicable to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.

Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.

Any information on this Website is designed for educational and informative purposes only. It is not intended to be a substitute for informed medical or psychological advice or care.

Intellectual Property rights and rights of use

All intellectual property rights (meaning patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.

Orders

When placing an Order, you need to follow the order procedure as is set on our Site. Details of the Price to be paid in respect of any Product that you wish to purchase, and the procedure for payment are displayed on the Site.

All Products are offered for sale subject to availability and subject to Our acceptance of your order.

We reserve the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by Us until we have confirmed it unconditionally in the Order Confirmation.

The Order Confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact Us and notify Us of any error or mistake with the Order. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.

We display and describe all our products as accurately as possible. Variations such as colors and formatting, might vary from device to device.

We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

Pricing & Payment

We will do our best to always display correct pricing on the Site. During times of transition or sale some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and Our acceptance of Your order.

If the price has dropped while in the process of ordering we will charge the lower amount when sending the Product to you. If a Product’s correct price is higher than the price stated on the Site, We will either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

We may change the price of any Product before you place an order, which is done during times of special offers, sale or upgrading features in our products.

For orders shipped within the EU, prices are inclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your order and the rates in force in the relevant tax jurisdiction.

Orders with a delivery address outside the EU may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs clearance etc. must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.

Payment must be made through our payment gateway providers at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.

Delivery and Acceptance

The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be registered / tracked mail via Cyprus Postal Office.

If you have ordered more than one Product, We reserve the right to make delivery of your Order by installments.

We will make any effort to process your Order and manufacture your Product within the time period stated for each item. However, manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.

When you receive the Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.

If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.

Returns, refunds and rights of cancellation

You shall have the right to cancel an Order only in the following circumstances:

(a) If We have failed to deliver the Order within 60 days after the date you placed the Order;

(b) In the case of Faulty Products at the earliest opportunity after you have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 7 days after receiving the product).

If an Order is cancelled under the conditions in (a) or (b) above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.

Notice of wish to cancel must be made by email to info@mybookheroes.com

For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the Products, which, by their nature, have been made to your specification or clearly personalized to reflect the unique name and complexion of the child.

You must return any Product to Us in its original packaging (which You should retain for this purpose).

Nothing in this clause affects your legal rights.

The product is customized for each client prior to order, therefore we do not accept returns for any other reasons.

Disclaimers and limitation of liability

While we make every attempt to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not guarantee the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

We will exercise all reasonable skill and care in providing accurate content. Content provided by  third parties will be screened prior to publishing but we cannot guarantee the completeness, currency or reliability of any such Site Content.

Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind.

We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

We will make every attempt to secure the site from disruption and viruses. We are not to be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Liability

We guarantee to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied.

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.

You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.

Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

Governing Law

This agreement shall be made under the laws of The Republic of Cyprus, and subject to the jurisdiction of the courts of the Republic of Cyprus.

 

 

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