1. IN THIS USER AGREEMENT:
“Account” means your account on this website corporate, business or personal.
“Customer” means a User of My Kingdom Books Services.
“My Kingdom Books”, “we”, “our”, or “us” means My Kingdom Books Ltd incorporated under English laws, Company number 09738606.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“My Kingdom Books Services” means services delivered by My Kingdom Books.
“User”, “you” or “your” means any entity who uses the website
“User Contract” means :
(1) this User Agreement;
“Website” refers to the websites operated by My Kingdom Books Ltd and/or My Kingdom Books and any connected My Kingdom Books services, implements or applications.
“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 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;
Important: Should any of the links in this agreement not work, you agree that they are substituted by a reference to contact support on the My Kingdom Books site.
My Kingdom Books is a personalised book based on a child’s name. Each My Kingdom Books book is made to order every unique child’s name. This Site is owned and operated by My Kingdom Books Limited (trading as My Kingdom Books). If you would like to contact us about anything contained on the Site then please contact us using our ‘Contact Us’ form.
These Terms and Conditions govern the contents and use of the website www.mykingdombooks.com (the “Site) and set out the terms and conditions on which We supply the products available on the Site (the “Products”). Please read these Terms and Conditions carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering the Product you signify that you have read, understand and agree to be bound by these Terms and Conditions.
These Terms and Conditions shall apply to all sales of the Products 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. If you do not agree with these Terms and Conditions then you may not use the Site. 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 Site. If you do not cease using the Site you will be deemed to have accepted the change.
You will refrain from using My Kingdom Books Website if you
i. barred from legally binding contracts; or
ii. are below the age of 16; or
iii. are a person forbidden from receiving services under the rules of England or other appropriate jurisdiction; or
iv. are banned from using the My Kingdom Books Website.
Subject to your native rules, an individual over 16 but under 18 can use a regular account with the consent of the Parent and/or Guardian. Though, the account owner is accountable for entirety performed with that account.
We might refuse to accept an individual or business entity as a User at our sole discretion.
3. ACCESSING AND USING THE 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.
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.
While using the My Kingdom Books Website, you will not:
i. infringe any laws, third party rights or our policies;
ii. require us to work with false, inaccurate, misleading, defamatory or offensive content;
iii. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the My Kingdom Books Website;
iv. copy, modify or distribute rights or content from the My Kingdom Books Website or My Kingdom Books' copyrights and trademarks; or
v. harvest or otherwise collect information about Users, including email addresses, without their consent.
4. PROPERTY RIGHTS AND RIGHTS OF USE
All intellectual property rights (meaning patents, registered and unregistered trade marks 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 or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.
Any content posted on the site, including but not limited to the events, is subject to My Kingdom Books guidelines, review and approval. Any content might be removed at My Kingdom Books sole discretion.
You represent and warrant that your content:
i. will not infringe upon or misappropriate any copyright, patent, pattern, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
ii. will not violate any law or regulation;
iii. will not be defamatory or trade libellous;
iv. will not be obscene or contain child pornography;
v. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
vi. will not contain material linked to terrorist activities
vii. will not include incomplete, false or inaccurate information about User or any other individual; and
viii. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
6. ORDERS AND SPECIFICATIONS
To place an Order you will need to follow the order procedure set out on the Site. Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Site.
All Products are offered for sale subject to availability and subject to Our acceptance of your order.
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.
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.
We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
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.
We might chose to not to accept your Order, at our sole discretion, including but not limited to the reasons outlined below:
i. if we determine that you have or will have breached any of our guidelines, policies, terms and conditions, or are not acting on terms of this agreement;
ii. if you breached a law in any EU country;
iii. if you violated someone’s Intellectual Property Rights;
iv. if you engage in fraudulent or deceptive activities;
v. we are required to do so by a request of authorities or by virtue of law;
vi. you might result in risk to our business, clients, revenue or us;
vii. you result in loss, reduced revenue to us;
viii. for other similar reasons.
If we decide to terminate your Order due to this agreement you will become liable to pay all your outstanding fees and settle your account in full. Note that any decision to terminate your Order is based on our sole discretion and you agree not to seek a recourse.
7. PRICING & 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 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.
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.
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.
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.
8. 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 1st class postage.
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.
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.
When you receive the Product/s you must inspect them for any defects or non-conformity 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.
If you can see any sign of damage to the parcel/s 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 2 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.
9. 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 the You to Us in respect of the Order or any other Order between You and Us.
10. RETURNS, REFUNDS AND RIGHTS OF CANCELLATION
You shall have the right to cancel an Order only in the following circumstances:
i. If We have failed to deliver the Order within 40 days after the date you placed the Order;
ii. (b) 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).
If an Order is cancelled under the conditions in (a) or (b) 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 via our ‘Contact Us’ form.
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.
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.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
While We endeavour to ensure that the information contained on the Site (“Site Content) is correct 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 all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and We do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site 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 (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, We disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).
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 their 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 however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
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 permissible pursuant to applicable law, We disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
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).
Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; 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: (a) any direct loss, claim or damage; (b) 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; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if We have been forewarned of the possibility of such loss or damage.
Under no circumstances shall we be liable for:
i. any unintended, consequential, distinctive or related damages that might arise;
ii. any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
iii. any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.
The limits on our accountability to you will be effective if we or not, staff, our affiliates, our related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising.
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.
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.
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. The downloading or other acquisition of any Site Content through the Site 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 Site Content.
You will protect us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the My Kingdom Books Website and My Kingdom Books Services.
14. JURISDICTION LIMITATIONS
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permit table by these laws.
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.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.
18. DATA PROTECTION AND PRIVACY
19. GOVERNING LAW
This agreement shall be made under the laws of England and subject to the jurisdiction of the courts of England and Wales.