Terms & Conditions
Thank you for visiting Itsyourstory Limited ("Itsyourstory").
While we are confident that you will enjoy shopping with us and will be happy with any products that you purchase, if you are not please contact us by email at firstname.lastname@example.org or by telephone on 00 44 (0)1643 862225. We will do our very best to resolve any issues.
These Terms and Conditions are applicable to the use of the website - www.itsyourstory.co.uk (the "Website"). By visiting the Website and/or placing an order with Itsyourstory you will be deemed to have read in full, understood and agreed to be bound by these Terms and Conditions in their entirety.
Should you be unhappy with any aspect of, or do not agree to be bound by, these Terms and Conditions, please DO NOT use the Website.
As a visitor to the Website you will be able to access the majority of it without registering any details with us. However, certain areas of the Website will only be available to you should you registered your details with us.
Any reference in these Terms and Conditions to "we" or "us" refers to Itsyourstory.
2. Company details
By purchasing a product via the Website, you will be contracting with Itsyourstory, a limited liability company incorporated in England and Wales under company number 06526739.
Company name: Itsyourstory Limited
Registered office address: 27 Mortimer Street, London W1T 3BL
Contact address: Selworthy Cottage, Selworthy, Minehead, Somerset TA24 9BE
Contact telephone number: 00 44 (0)1643 862225
Email address: email@example.com
VAT number: 835843602
3. Ordering from us
3.1 Placing your Order
We must receive payment for the whole of the price of the product that you order before your order can be accepted and processed.
When you place an order to purchase a product from us (ie. by choosing a product and completing our online checkout process) we will send you an e-mail confirming receipt (the "Confirmation Email") of your order and containing the details. Your order represents an offer to us to purchase a product which is accepted by us when we send an e-mail to you confirming that we have dispatched the product to you (the "Dispatch E-mail"). That acceptance will be complete at the time we send the Dispatch E-mail to you. Any products on the same order which we have not confirmed in the Dispatch E-mail to have been dispatched do not form part of that contract.
A legally binding contract between us will only come into existence at the time we send the Dispatch E-mail to you.
On occasions, we may not be able to accept your order for the below reasons:
- we cannot obtain authorisation of your payment from your card provider
- we have insufficient stock to deliver the product you have ordered
- we do not deliver to your geographical location
- if there has been a pricing or product description error on our Website
- if the order for a personalised product contains reference to any copyrighted material (including photograph) where you have not obtained permission
- we deem that the photograph submitted to us does not meet the quality criteria set out on our Website
- if your order for a personalised product contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, likely to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which is likely to cause annoyance or inconvenience.
We reserve the right to cancel your order at any time and issue a full refund. Nothing in these Terms and Conditions affect your statutory rights.
If we do cancel your order we will notify you by e-mail and we will re-credit your debit/credit card any sum deducted by us as soon as possible but in any event within 21 working days of cancellation of your order. We will not be obliged to offer you any additional compensation for disappointment suffered.
3.2 Personalising your product
(a) Paper products
We aim to process your order as fast as we can. As soon as you receive your Confirmation Email, please double and triple check it to ensure that all the details you have entered are correct. If any details are incorrect, please return the email to us setting out any changes that you require. You can also notify us of any changes by telephone on 00 44 (0)1643 862225. You have 24 hours from the time of receipt of the Confirmation Email to make any changes. After this time, no changes can be made.
(b) E-stories and E-cards
Once you have completed your purchase of an e-story or e-card you will receive an email (the "E-story/E-card Dispatch Email") with link enabling you to view you e-story or e-card online. You will receive the E-story/E-card Dispatch Email immediately after completing our online checkout process. You will not receive a Confirmation Email. As the process is almost instantaneous, you will not have any opportunity to amend the details provided. Please therefore take great care when providing any personal details during the order process to ensure that they are 100% correct.
3.3 Ordering multiple products
Multiple products can be ordered at the same time but they may arrive in separate packages.
You can pay for a product by using your debit or credit card.
The prices payable for the products that you order are as set out on the Website.
Prices include VAT at the current rates. However, there is no VAT applicable on children's books.
We charge separately for packing, postage and any other relevant charges and the appropriate rates are set out on the Website.
5. Delivery of a product to you
We know how important it is to you that the product purchased on the Website arrives in time for any special occasion. The Website will specify the next dispatch date. This is the date that the product will be dispatched, NOT the date that the product will arrive.
Delivery times and charges may vary depending on which products are purchased. Please check the Website for further details.
We will deliver the product ordered by you to the address you give us for delivery at the time you place your order.
Delivery will be made as soon as possible after your order has been accepted and processed but in any event within 21 days of your order.
6. Cancellation by you
Your order cannot be cancelled if the product has been processed and/or printed as we are unable to resell a personalised product.
Please telephone us on 00 44 (0)1643 862225 to see whether it is possible to cancel your order. Please have your order number to hand so that we can trace your order.
You can also email us at firstname.lastname@example.org to cancel your order but please bear in mind any time lag there may be in receiving and/or dealing with your email.
Our business hours are Monday to Friday 8.30am to 6pm.
7. Returns and refunds policy
We cannot refund the cost of a product where the personalised information has been entered incorrectly by you as we are unable to resell a personalised product.
However in certain circumstances a refund may be given at the discretion of the management.
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised value at the discounted level.
7.1 Reporting a problem
If the product we deliver is not what you ordered or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our Contact Address (see clause 2 above) of the problem within ten (10) working days of the delivery of the goods in question.
If you do not receive the product ordered by you within 21 days of the date on which you ordered it, we shall have no liability to you unless you notify us in writing at our Contact Address (see clause 2 above) of the problem within 31 days of the date on which you ordered the product in question.
If you notify a problem to us under this clause, our only obligation will be, at your option:
- to make good any shortage or non-delivery
- to replace or repair any product that is damaged or defective; or
- to refund the amount paid by you for the product in question in whatever way we choose.
7.2 Returning a product
Please return any products to our Contact Address as set out in clause 2 above.
8. Limitations of liability and disclaimer
To the fullest extent permitted by law and save as provided above in paragraph 7.1, Itsyourstory shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Itsyourstory or any of our members, agents, directors, employees or otherwise) for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of our Website, the supply of the products or their use or resale by you.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our Website. Certain national laws may prohibit the importation or exportation of certain of our products to you. We make no representation and accept no liability in respect of the export or import of the any product you purchase.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
While Itsyourstory uses reasonable endeavours to ensure that the information on our Website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and Itsyourstory shall not be responsible for any errors or omissions or for the results arising from the use of such information.
While Itsyourstory takes all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of our Website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Itsyourstory is neither responsible nor liable for your use of any other websites which you may access via links within our Website. Itsyourstory does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of our Website and their inclusion in our Website does not constitute an endorsement by or affiliation with Itsyourstory. You are expected to ensure that your hardware and software are capable of effectively accessing our Website via your Internet Service Provider. You are also advised to use appropriate anti-virus software before and during access to our Website.
The entire liability of Itsyourstory under or in connection with any contract for any products to which these Terms and Conditions apply shall not exceed the price of the products, except if expressly provided in these Terms and Conditions.
Itsyourstory shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Itsyourstory may assign or transfer any of its rights or sub contract any of its obligations under these Terms and Conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms and Conditions except with the specific permission in writing of Itsyourstory.
Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or that of our members agents directors or employees or for any fraudulent misrepresentation.
The copyright in the products is and shall remain our property.
By sending us a digital photograph you are warranting to us that you own the copyright in that digital photograph. You are also authorising us to manipulate and use that image in order to produce the personalised product ordered by you.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms and Conditions will not be affected.
11. Visitor information
We reserve the right to store your personal details. We do not store any debit/credit card details.
13. Legal Jurisdiction and Dispute Resolution
English law shall apply to these Terms and Conditions, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance of the contract shall be England.
14. Entire Agreement
A person who is not a party to these Terms and Conditions has no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms and Conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Any formal legal notices should be sent to us at our Contact Address as set out in clause 2 above by recorded delivery.
Failure by us to enforce a right does not result in waiver of such right.
You may print and keep a copy of these Terms and Conditions. They are the legal agreement between us and can only be modified with our consent. We reserve the right to amend the Terms and Conditions at any time by posting a variation on our Website.
9 May 2016