Terms & Conditions

 

Picabook creates personalised books based on a child’s name, parent’s name and other personal variables including illustrations. The artwork in the books is designed and created to match as closely as possible the individuals depicted in the photos provided by the Buyer. Although we endeavour to create closely matching illustrations, we do not claim to make a 100% accurate match of these illustrations to the actual photographs provided. Each book is unique and is made to order per the specifications and instructions provided. This Site is owned and operated by Picabook Creations Ltd. (“Picabook”, “We”, “Us”, “Our”, the “Company”). If you would like to contact us about anything regarding Our Site or products/services, please contact us by email at [email protected].

By visiting Our Site and/or purchasing something from us, you engage in Our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), which govern the contents and use of all websites of Picabook Creations Ltd. (together the “Site”). Please read these Terms and Conditions carefully before using the Site and before ordering any Services via the Site. By using the Site and/or ordering the Service you signify that you have read, understand and agree to be bound by these Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser at any time.

These Terms and Conditions shall apply to all sales of the Services by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us.

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.

If you do not agree with these Terms and Conditions then you may not use the Site.

  1. OUR ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this Site.

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

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 Our Services to you.

  1. 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.

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 by you for your personal purpose of buying Our Products or Services and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form or by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content without prior written consent from Us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. 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.

  1. 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.

  1. OUR PRODUCTS AND SERVICES

We have made every effort to display as accurately as possible the colours and images of Our products. We cannot guarantee that your mobile phone, computer monitor or other device’s display of any colour will be accurate.

As the images in Our books are hand crafted and designed by Our artists, we do not claim to offer a 100% accurate match between your photos and the artwork in Our Products.

Our Products do not aim to display images of You or your family on every page of the book. Please read the product description on the Site to ensure you are selecting the right Product. You confirm that Picabook provided adequate descriptions of the Product and you have read the same before confirming the order.

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 any time 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.

  1. 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 will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

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.

  1. 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 via Our assigned courier.

We will strive to process your Order and complete your Product within the time period stated for each item. However, given the highly personalised and bespoke nature of Our products, completion times may vary and any times quoted for the delivery of goods are indicative only. We will strive to always meet the stipulated timelines, but in the event of longer than expected timelines, we will aim to contact you with an update. 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.

You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to two times and then the delivery will be returned back to us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee. If you wrongfully fail to take delivery of the Order then we shall be under no obligation to refund the price.

  1. RISK AND PROPERTY

Risk or damage or loss of your Order will pass to you upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from us to you until we have received full payment of the Price and all other sums which are due, owing or payable by you to us in respect of the Order or any other Order between you and us.

  1. RETURNS, REFUNDS AND RIGHTS OF CANCELLATION

You shall have the right to cancel an Order 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 48 hours after receiving the product). Please note that we will not accept cancellations due to dissatisfaction with our illustrations and a 100% accurate match to the photos provided.

If an Order is cancelled under the conditions 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 [email protected].

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 or return in regard to the Products, which, by their nature, have been made to your specification or clearly personalized. You must return any Product to us in its original packaging (which you should retain for this purpose).

  1. 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.

  1. 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 is unlawful, offensive, threatening, libellous, 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 libellous 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. Any detection or notification to Us that you have done so will result in immediate termination of Our Services to you.

  1. PERSONAL INFORMATION

Your submission of personal information through the Site is governed by Our Privacy Policy.

  1. 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, 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.

  1. PRICING AND PAYMENT 

We may change the price of any Product or Service before you place an order.

Despite Our best efforts, 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. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, We will normally, at Our discretion, 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.

Orders 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.

  1. 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.

  1. 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 Site is at your sole risk. The service and all products and services delivered to you through the Site 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 Picabook Creations Ltd., Our directors, partners, 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 never exceed the cost of the Product or Service offered.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Picabook Creations Ltd., 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.

  1. 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.

  1. 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 Site (or any part thereof).

  1. 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.

  1. 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 England and Wales.

  1. 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.

  1. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

Definitions

“Buyer” means you as the person placing the Order and/or named on the Order;

“Contract” means the Order and Order Confirmation;

“Faulty” means containing a fault or defect;

“Order” means your order for a Product or Service 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/or customs/excise or other duties for 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” or “Terms of Service” means the standard terms and conditions of business set out in this document.

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