Term Conditions

TERMS & CONDITIONS

Welcome to the Create Me Books website. This page, together with the documents referred to on it, explains the terms of use on which you may make use of our website www.createmebooks.com (our “Site”) or any application we make available via an app store or otherwise (our “Service”) and the products available on our Site (our “Products”), whether as a guest or as a registered user. Please read these Terms & Conditions carefully before you start to use our Site or our Service. By accessing our Site and/or placing an order (an “Order”), you are agreeing to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, please do not use our Service.

Create Me Books are personalised books based on a child’s name and appearance. Each book is made to order. This Site is owned and operated by CreateMeBooks Limited (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at hello@createmebooks.com

Definitions

“Buyer” means the person 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 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, 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 OUR SERVICE

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us straight away to let us know. We can deactivate your account at any time.

ACCEPTABLE USE

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

ORDERING

When you place an order through our Service, a screen confirming your order will be displayed (the ‘Confirmation Screen’) containing details of your Order and an estimate of the delivery time for your Order. The contract between you and us will only be formed when you have been presented with the Confirmation Screen. You should also receive a confirmation email. Please ensure that you have given us the correct email address as this is how we will communicate with you about your Order. Should you make a mistake during the ordering process you must notify us as soon as possible.
You are responsible for ensuring that all details which you provide to us for the purposes of your Order and its delivery are correct.

BOOK PREVIEW

During the ordering process you have the option to preview your Product prior to purchase. While we aim to create an as accurate as possible representation of your Product, we cannot guarantee that the layout, fonts and colours displayed on your screen will exactly match those in the final printed book.

AVAILABILITY

All Products are subject to availability.

DELIVERY

During the ordering process you will specify the place of delivery for each Product. It is your responsibility to ensure that all delivery information is accurate and up to date.
Standard delivery is via 1st class postage. Other delivery costs and options are set out clearly on our website and in your shopping basket at the time you place an order.
We aim to process your Order and produce each Product within the time period stated during the ordering process. Please note that production times may vary and any times quoted for the delivery of goods are indicative only.

You must inspect your Product upon delivery and, in the case where your Order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that You have received your Order free from any apparent defect or damage. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment.

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.
If your Product is defective or damaged on delivery you must contact US within 14 days of receipt via email at hello@createmebooks.com and include a photo of the item.

REFUNDS

Due to the highly personalised nature of our Products, we regret that refunds are not available, unless we have made a mistake. You are responsible for ensuring that all personalisation details supplied to us are correct at the time of ordering.

You have the right to cancel your order and receive a full refund under the following circumstances:

  • we fail to deliver your order within 45 days after the date you placed the order
  • your Product is defective or damaged (see above)

To notify us of your wish to cancel you must email us at hello@createmebooks.com.

PAYMENT

The price of any Product will be listed on our Site. Prices include VAT. Prices will vary between products. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with on the Confirmation Screen, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue.

You may be able to cancel your order once we notify you. Payment is by credit or debit card through our Payment gateway (Stripe or Paypal). Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to CreateMeBooks.

OUR LIABILITY

To the extent permitted by law, We provide our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free, that defects will be corrected, or that our Service Subject to the previous paragraph, We shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that We are found to be liable to you our total aggregate liability is limited to the purchase price of the Products you have paid for in your order. This does not include or limit in any way CreateMeBooks liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

EVENTS OUTSIDE OF OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, these shall not excuse the Customer from any payment obligations under this Agreement.

WAIVER

Neither you nor Wondrous Ink shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

ENTIRE AGREEMENT

This Agreement and the documents annexed as appendices to this agreement or otherwise referred to in it contain the whole agreement between the parties relating to the subject matter of it and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

OUR RIGHT TO VARY THESE TERMS & CONDITIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

LAW AND JURISDICTION

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Service, or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

INTERACTIVE FEATURES OF OUR SITE

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide, although we may remove content in contravention of these Terms of Use. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trademark of any other person
  • be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity
  • be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND 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.

INTELLECTUAL PROPERTY RIGHTS

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

OUR SITE AND OUR SERVICE CHANGES REGULARLY

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOUR USE OF OUR SERVICE

We collect certain data about you as a result of you using our Service. This is described in more detail in our Privacy Policy.

UPLOADING MATERIAL TO OUR SITE OR SERVICE

Any material you upload to our Service or data that we collect (as set out above) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

YOUR CONCERNS

If you have any concerns about material which appears on our Service, or have any questions relating to these Terms & Conditions, please contact hello@createmebooks.com

Privacy policy

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

‘COOKIES’?

We use cookies to remember and process the items in the shopping cart, compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf. If users disable cookies in their browser it will turn off some of the features of the site including saving items to your shopping cart and purchasing items.

CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at hello@createmebooks.com

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your personal information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at hello@createmebooks.com