Terms of Service
These Terms of Service govern your use of our Website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
Tickled Moon creates personalised books based on a child’s name. Each book is unique and is made to order. This Website is owned and operated by Amulet Creative Ltd (“We”, “Us”, “Our”). If you would like to contact us about anything regarding our Website or products, please contact us by email at firstname.lastname@example.org.
These Terms and Conditions govern the contents and use of the Website www.tickledmoon.com (the “Website”) and set out the terms and conditions on which we supply the products available on the Website (the “Products”). Please read these Terms and Conditions carefully before using the Website and before ordering any Products via the Website. By using the Website and/or ordering the Product 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.
These Terms and Conditions shall apply to all sales of the Products by Us via the Website 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. If you do not agree with these Terms and Conditions then you may not use the Website. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Website. If you do not cease using the Website you will be deemed to have accepted the change.
Table of Contents
- Website access and usage
- Property rights and rights of use
- Website Up-time
- Orders and Specifications
- Pricing and Payment
- Returns, Refunds & Rights of Cancellation
- Delivery and Acceptance
- Risk and Property
- Links to and from Other Websites
- Disclaimers and limitation of liability
- Data Protection and Privacy
- Governing Jurisdiction
“Buyer” means you as the person placing the Order and 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 Website;
“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.
2. Website access and usage
2.1 – You will be able to access the majority of this Website without having to register any details with us.
2.1 – You may not use the Website 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 Website.
2.2 – 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.
3. Property rights and rights of use
3.1 – 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 Website and all content and materials contained in the Website (“Website Content”) are owned by and shall remain owned by Us or Our licencors. Website Content may only be used by you for your personal purpose of buying our Products 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 Website Content.
3.2 – When using this Website you shall not post or send to or from this Website any material:
- (a) for which you have not obtained all necessary consents;
- (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4. Website Up-time
4.1 – We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
4.2 – This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
5. Orders and Specifications
5.1 -To place an Order you will need to follow the order procedure set out on the Website. Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Website.
5.2 – All Products are offered for sale subject to availability and subject to Our acceptance of your order.
5.3 – 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.
5.4 – 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 as soon as reasonably practicable. 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.
5.5 – We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Website, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
5.6 – 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.
6. Pricing and Payment
6.1 – We may change the price of any Product before you place an order.
6.2 – Despite Our best efforts, some of the Products listed on the Website 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 Website, 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.
6.3 – 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 prevailing rates in force in the relevant tax jurisdiction.
6.4 – 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.
6.5 – 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.
6.6 – 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.
7. Returns, Refunds & Rights of Cancellation
7.1 – Our books are made to order and to your specifications and each product is therefore unique and non-returnable. You shall have the right to cancel an Order only in the following circumstances:
- (a) if You cancel the Order by email at email@example.com before We begin printing your Order.
- (b) If We have failed to deliver the Order within 30 days after the date you placed the Order;
- (c) 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 14 days after receiving the product).
7.2 – If an Order is cancelled under the conditions in (a) above, We shall grant You a full refund for your Order.
7.3 – If an Order is cancelled under the conditions in (b) or (c) above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Order in question.
7.4 – Notice of a wish to cancel must be made by email to firstname.lastname@example.org.
7.5 – 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 personalised.
7.6 – You must return any Product to Us in its original packaging (which You should retain for this purpose).
8. Delivery and Acceptance
8.1 – 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 by Royal Mail services.
8.2 – If you have ordered more than one Product, We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.
8.3 – We will endeavour 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.
8.4 – In the event that you select a signed shipping option, you must inspect them for any defects or nonconformity when you receive the Product/s 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.
8.5 – If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item.
8.6 – You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to 2 times and then the delivery will be returned back to Us at your cost.
8.7 – If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.
9. Risk and Property
9.1 – Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address.
9.2 – 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.
10.1 – Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
10.2 – If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- (b) you do not misrepresent your relationship with us or present any false information about us;
- (c) you do not link from a website that is not owned by you; and
- (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom
10.3 – If you choose to link to our Website in breach of Paragraph 10.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
11. Disclaimers and limitation of liability
11.1 – We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
11.2 – The Website Content at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
12.1 – We warrant to you that any Product purchased from us via the Website 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.
12.2 – 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).
12.3 – Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
12.4 – Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
12.5 – You expressly agree that your use of and browsing of the Website and the use of Website Content are at your own risk
12.6 – 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.
12.7 – 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.
12.8 – 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 Website. The downloading or other acquisition of any Website Content through the Website 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 Website Content.
14.1 – All titles, books and products purchase from Us or the Website are protected by copyright. The copyright lies with Us as well as the designers, graphic designers, illustrators, authors and other persons working on the respective work. Without written permission, their contents may not be reproduced or used in any form, in whole or in part. The legal limits of copyright, especially for self-use and citation under certain condition are reserved.
15.1 – We may remove the Website or cease the provision of any of the services available through the Website at any time in our sole discretion for any reason whatsoever.
15.2 – We may terminate your access to the Website for any reason in our sole discretion at any time with or without notice.
16. Data Protection and Privacy
17. Governing Jurisdiction
17.1 – This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
Last modification was made Oct 21, 2019.