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My Favorite Tale Terms and Conditions

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Welcome to My Favorite Tale LLC. We aim to fulfill your order promptly and to your satisfaction.

My Favorite Tale LLC specializes in personalized books based on a child's name. Each book is uniquely crafted for every individual child's name. This website ("Site") is owned and operated by My Favorite Tale LLC ("We," "Us"). If you need to contact us regarding anything on the Site, please email us at support@myfavoritetale.com.

These Terms and Conditions govern your use of the website www.myfavoritetale.com (the "Site") and set forth the terms under which we supply the products available on the Site ("Products"). Please read these Terms and Conditions carefully before using the Site or placing an order. By accessing the Site and/or ordering Products, you agree to be bound by these Terms and Conditions. You may print a copy of these Terms by clicking the print icon on your browser.

These Terms and Conditions apply to all sales of Products by us through the Site and override any other terms or conditions 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, please do not use the Site. Note that we may modify these Terms from time to time, so you should review them periodically. If any modification is unacceptable to you, you should cease using the Site. Continuing to use the Site indicates your acceptance of any changes.

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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 shipping and handling costs and any applicable taxes in force at the time of the Order (excluding any taxes and 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" means the standard terms and conditions of business set out in this document.

Accessing and Using the Site

You agree not to use the Site in any improper or unlawful manner or in violation of any applicable laws or regulations. You agree to comply with all reasonable instructions we may give you regarding the use of the Site.

By placing an order, you acknowledge that we may review your order and its content for adherence to our guidelines and compliance with these Terms and Conditions. We reserve the right to refuse to process an order if we believe the content violates these Terms or our guidelines.

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Intellectual Property Rights

All intellectual property rights (including patents, registered and unregistered trademarks, service marks, domain names, registered designs, copyrights, database rights, and moral rights) in and to the Site and all content and materials on the Site ("Site Content") are owned by or licensed to us. Site Content may only be used for your personal, non-commercial purposes and may not be reproduced, modified, copied, distributed, framed, republished, displayed, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent. You may not remove any copyright or other proprietary notices contained in any Site Content.

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Orders and Specifications

To place an Order, follow the procedures set out on the Site. Details of the Price payable for any Product and the payment process are displayed on the Site.

All Products are offered for sale subject to availability and our acceptance of your Order.

We reserve the right to reject any Order without obligation to provide a reason. No Order shall be deemed accepted by us until we have unconditionally confirmed it in the Order Confirmation.

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

We strive to display and describe as accurately as possible the printed colors on the Products as they appear on our Site, but we cannot guarantee that the colors you see on your monitor or mobile device will exactly match those of the printed Product.

We may revise, discontinue, or modify Products or services at any time without prior notice, and Products may become unavailable without notice. We shall not be liable if any Product or service is not available.

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Pricing and Payment

We may change the price of any Product 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 change between your Order and our acceptance of your Order. We will normally verify prices as part of our dispatch procedures. If a Product's correct price is lower 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, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection so you can reorder at the correct price if you wish.

For orders shipped within the United States, prices are inclusive of applicable sales taxes. Applicable taxes are based on the final value of your Order and the prevailing rates in force in the relevant tax jurisdiction.

Orders with a delivery address outside the United States may be subject to import duties and taxes, which are levied once a delivery reaches your destination country. Any such additional charges, as well as costs for customs clearance, must be borne by you as the importer of the goods. Customs policies 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. Full payment 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 may be required to accept additional terms and conditions related to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by law, any liability arising from your use of such third-party payment provider.

You undertake that all details you provide to us for the purpose of your Order and its delivery are correct, that the payment method you are using is your own, and that sufficient funds or credit facilities are available to cover the full cost of the Order.

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Delivery and Acceptance

The delivery location for your Products will be as shown on the Order, and the normal method of delivery (unless specifically agreed otherwise) shall be standard shipping.

If you have ordered more than one Product, we reserve the right to deliver your Order in installments. If the Order is delivered in installments, each delivery constitutes a separate contract.

We will endeavor to process your Order and manufacture your Product within the time frame stated for each item. However, manufacturing times may vary, and any times quoted for delivery are indicative only. Time for delivery is not of the essence, and we will not be liable for any loss or expenses you may incur as a result of any delay in the delivery of your Order.

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Upon receiving the Products, you should inspect them for any defects or non-conformity before signing for them. If you sign for the goods without noting any damage, you are accepting that the goods are in acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you notice any damage to the packages, please sign as "damaged"; otherwise, we cannot refund or replace the item beyond your statutory rights.

You must be available to accept delivery on the delivery date, as the courier will only attempt re-delivery up to two times before returning the delivery to us at your cost. If delivery is refused or returned due to an incorrect address, you will be charged a return fee.

If you fail to take delivery of the Order without a valid reason, we shall be under no obligation to refund the price.

 

Risk and Ownership

Risk of damage or loss of your Order passes to you upon delivery to the agreed address. Notwithstanding delivery and the passing of risk in the Order, ownership of the Order will not pass from us to you until we have received full payment of the Price and all other sums due.

Returns, Refunds, and Cancellation Rights

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

  • (a) If we have failed to deliver the Order within 40 days after the date you placed the Order.

  • (b) In the case of Faulty Products, at the earliest opportunity after you discover the fault or defect (provided that you are 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).

If an Order is canceled under conditions (a) or (b) above, we will refund all sums paid (including initial and re-delivery charges, if any) for the Order in question.

Notice of your wish to cancel must be made by email to support@myfavoritetale.com.

For clarity, except in cases of Faulty or defective Products, nothing in these Terms and Conditions gives you rights of cancellation regarding Products that, by their nature, are made to your specifications or are clearly personalized.

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

Nothing in this clause affects your statutory rights.

Disclaimers and Limitation of Liability

While we strive to ensure that the information on the Site ("Site Content") is accurate and error-free, we do not warrant 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 reasonable skill and care in providing the Site. Some Site Content may be provided by third parties, and we do not guarantee or accept responsibility for the accuracy, completeness, currency, or reliability of any such 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, either express or implied. To the fullest extent permitted by applicable law, we disclaim all other conditions, representations, statements, and warranties.

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 do not warrant or make any representations that the Site and the Site Content will meet your requirements, nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site, 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 warrant 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 permitted by 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 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; any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; 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:

  • Any direct loss, claim, or damage.

  • 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.

  • Any loss of profit or loss of savings or loss or corruption of data (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in any way connected with:

    • Any use of this Site or the Site Content.

    • These Terms and Conditions.

    • The Products.

    • Any failure or delay in the use of any component of the Site, the Site Content, or any service, including any unavailability of the Site, the Site Content, or the services, irrespective of the duration of any period of unavailability.

    • Any use of or reliance upon any Site Content or any other information, material, software, products, services, and related graphics obtained through the Site, 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 arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions due to any event or circumstance beyond our reasonable control, including but not limited to any strikes, industrial action, failure of power supplies or equipment, government action, or natural disasters.

Laws applicable in your state or country 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. Downloading or acquiring any Site Content through the Site is done at your own discretion and risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data resulting from such activities.

Indemnity

You agree to indemnify and hold harmless My Favorite Tale LLC, its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, owners, agents, contractors, partners, information providers, and licensors from and against any and all claims, damages, liabilities, demands, losses, costs, and expenses (including legal fees) arising out of or in connection with your use of the Site, the Site Content, or the services provided through the Site, your conduct in connection with the Site or services provided, your interactions with other users of the Site, any transactions or arrangements with any third party via the Site or on a third-party site, or any violation of these Terms and Conditions or of any law or the rights of any third party.

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Termination

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

We may terminate your access to the Site for any reason, at any time, with or without notice.

Data Protection and Privacy

We will only use any personal information that we 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

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and us shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of America, and you hereby consent to the jurisdiction of such courts.

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