LEGAL NOTICE AND CONDITIONS OF USE
In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following information is indicated below:
The company that owns this website is "The Story Tailors, SL", registered to the address at c/Gran de Gracia 15, 1º-1ª, 08012 of Barcelona, with CIF number: B-66606617, registered in the Commercial Register of Barcelona to the volume 44,989, folio 213, sheet 473454, inscription 3ª.
Contact email: firstname.lastname@example.org
The information contained in www.themagicofmyname.co.nz constitutes an information service with a diverse range of goods and products offered by "The Story Tailors, SL" (hereinafter, "The Story Tailors") within the field of personalised children's literary publications, through our website, you can access a diverse range of content within the sector.
The use of the website www.themagicofmyname.co.nz, including mere access, attributes the condition of User and therefore, submission to the provisions contained in the document.
The Story Tailors, S.L may at any time modify the content, design, and structure of www.themagicofmyname.co.nz as well as these provisions, without prior notice.
ACCEPTANCE OF THE CONDITIONS OF USE
Access to the website www.themagicofmyname.co.nz requires acceptance to the conditions of use, its policy and legal notice which are currently in force on this website, which are subject to change without prior notice, unless there are substantial variations. Navigating or using the website and the said support channels, together with the marking and use of the check-ins across different forms, supposes the unambiguous acceptance of these conditions.
The user accesses www.themagicofmyname.co.nz under his / her sole responsibility, undertaking to use the website in accordance with the Law, and not to take any action that could damage the image, interests or rights of The Story Tailors or third parties, as well as actions that can overload, damage or disable the website, servers and other computer equipment. The user will be liable for any damages and losses that may arise as a result of breach of this obligation. Access to www.themagicofmyname.co.nz requires the intervention of third-party operators, therefore such access may be suspended, cancelled or inaccessible due to circumstances beyond our control.
The Story Tailors is not responsible for any damages or losses that may occur as a result. It is up to the user to take the appropriate measures to detect and eliminate the existence of viruses, worms or other elements that could alter their computer systems.
The User may not use the page in any illegal or inappropriate manner, violating any applicable legislation or permit. The User accepts to follow all the instructions that we offer in relation to the use of the page.
The source code, the graphic designs, the images, the photographs, the animations, the software, audio-visual content, the text, as well as the information, including distinctive signs or other industrial property rights and the contents that are gathered in www.themagicofmyname.co.nz are protected within the appropriate UK legislative laws on the rights of intellectual and industrial property in favour of The Story Tailors, and the total or partial reproduction of this website, or its computer processing, public communication, distribution, diffusion, or modification is not allowed. Transformation and any other form of exploitation, without the prior written permission of its owner, The Story Tailors, in accordance with the provisions of articles 8 and 32 second paragraph of the Intellectual Property Law.
The access or use of the web does not imply cession of the rights of exploitation of the content of the same.
The user, only and exclusively may use the material that appears in this website for personal and private use, any use for commercial purposes or to incur illicit activities is prohibited. All rights derived from intellectual property are expressly reserved by The Story Tailors.
The Story Tailors will watch over the compliance of the above conditions and for the proper use of the contents presented on its website, exercising all civil and criminal actions that correspond to it in the case of infringement or breach of these rights by the user.
PERSONAL DATA PROTECTION
The Personal Data collected in the information request forms or in the processes of purchasing a product, will be subject to automated or mixed treatment and will be incorporated into the corresponding files, of which the ownership corresponds to The Story Tailors.
The collection and automated processing of Personal Data is intended to maintain the contractual relationship that may be established with The Story Tailors, as well as the management, administration, information, provision and improvement of the services that the user decides to contract.
The Story Tailors has taken the technical and organisational measures necessary to guarantee the security of the data and to avoid its alteration, loss, treatment or unauthorised access, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. The technical and organisational measures that aim to achieve the basic objectives in terms of security will be adopted, such as: confidentiality, understood as the limitation of access to information by unauthorised persons; integrity, understood as the maintenance of reliable and quality information, and availability, understood as the guarantee of access to the Information System by the request of an authorised user.
This part does not assume any responsibility for the falsity of the information provided, being able and not renouncing the actions that may derive from said action.
The corporation does not make assignments at present with your data. In your case, any possible assignment will be covered by the mandatory compliance with the legislation, in your explicit consent or because the entity is absolutely necessary and related for the provision of the contracted service.
Finally, The Story Tailors, can send you an email which includes a newsletter with information of available offers and discounts that may be of your interest, but requests specific consent to that effect.
Contact details of the Responsible / Representative:
"The Story Tailors, S.L.", with address at C/Gran de Gracia 15, 1º-1ª, 08012 of Barcelona, with CIF number: B-66606617. The customer service email is email@example.com.
Purpose of the treatment: Management of the purchase of personalised children's educational literary publications, and where appropriate, newsletters.
Legitimation: Through unequivocal consent when the legal conditions of our website are accepted.
Recipients: Data will not arrive to third parties, except in cases of legal obligation or in assignments that are necessary to fulfil the contracted order.
For this purpose, we inform you that your data, when strictly necessary, will be communicated to the printing facilities and postal services, within its geographical demarcation, in order to make the product, to send the product and its follow-up.
Likewise, electronic informative communications or newsletters are made through the Email Marketing Mailchimp company.
Rights: Clients can exercise the right of access, rectification, opposition or deletion at the address stated in the information by layer (establishment or by email or at the address of the beginning of the writing), as well as through our website. We also inform those affected that they have the right to request the right to the portability of their data, where appropriate, to the limitation of the treatment that is carried out when the purpose no longer exists or the specific opposition to a specific treatment.
The interested party or those affected by the treatment, have the right to withdraw their consent at any time.
Finally, the client or affected user has the right to contact the Data Protection Agency, an entity that manages any aspect related to the application of data protection regulations and where the user can report or defend their interests in the case that considers it opportune, the web is www.agpd.es.
Provenance: The source is the interested party and his or her guardian or parents. The data treated are for basic identification, at a basic level with a general character.
Data conservation: The data will be kept as long as there is a mutual interest of the parties, due to the validity of the relationship or due to consent. The data will remain in the mercantile in compliance with mandatory regulations until the prescription periods are exceeded.
International transfers: Currently they are not made.
Additional Information: Information channels:
1º.- Email: firstname.lastname@example.org
2º.- In the establishment itself. C / Gran de Gracia 15, 1º-1ª, 08012 de Barcelona.
LIMITATION OF LIABILITY
The Story Tailors is not responsible for any damages or losses that may occur as a result of the use of the contents of the website, being the sole responsibility of the user who accesses them.
The Story Tailors is not responsible directly, indirectly, or as a subsidiary of the damages and losses of any nature derived from the contracting of a service with customisable content. So, it is not responsible for the inclusion of images or content that involve the infringement of the rights of image, intellectual and industrial property or that may incur a legal breach of any scope, being the responsibility of the individual who contracts the services, which undertakes to have legal access to the contents used for the preparation of the product object of the contract whose use will be only private. Nor is responsible for possible semantic, grammatical or spelling errors introduced by the contractor in the preparation of the contracted product, being the responsibility of the contractor. The contracting party undertakes not to disclose such errors by blaming The Story Tailors for such action.
In the same sense, The Story Tailors is not responsible for the possible damages that may arise from the use of an outdated or defective version of the browser, interruptions in the connection that occur during the transmission of data, computer viruses, breakdowns or disconnections in the operation of the telematic system, of blockages caused by deficiencies or overloads of telephone lines, as well as of damages caused by third parties through unauthorised interference.
The Story Tailors website contains links to other websites that may be of interest to users. The Story Tailors assumes no responsibility for these links, and can not guarantee compliance with the appropriate Privacy Policies, which is why the user accesses the content of the aforementioned Web pages under the conditions of use set out therein and under their exclusive responsibility. Neither assumes responsibilities over the contacts that the user establishes with potential collaborators through their banners.
The Story Tailors is not responsible for the breach of any applicable rule that may be incurred by the user in accessing the Web www.themagicofmyname.co.nz and / or in the use of the information contained therein.
We are not liable for any loss, damage, or expenses (including loss of profits) that arise directly or indirectly from any failure or delay in the performance of any obligation under these Terms and Conditions, due to any event or circumstance outside of our reasonable control, including, but not limited to, strikes, industrial actions, failure of power supplies or equipment, government actions or the like.
The Story Tailors reserves the right to interrupt or deny discretionally, at any time and without prior notice, the access of any user to the contents of restricted access, under any of the circumstances described.
The links that can be accessed to a third-party webpage has a specific purpose, the purpose of which is to provide the user other sources of information that may be of interest.
The Story Tailors seeks to review the content of its links. However, it is impossible to know at all times the specific content of the proposed links. Derived from this, we request the collaboration of users who can answer the current legality, morality or public order, putting it in knowledge through the following email: email@example.com.
The Story Tailors, uses social networks to promote their events, services and products, and thus reach the largest possible number of recipients, but the legal conditions are established for the same social network.
In short, the user is solely responsible for the use of the services, content, links and hypertexts included in the website www.themagicofmyname.co.nz.
We can remove the page or cease providing any of the services available through the page at any time at our sole discretion, for whatever reason.
We may interrupt access to the page at any time at our sole discretion, at any time with or without prior notice.
The Story Tailors reserves the right at any time, without prior notice, to make changes and updates to the information contained on its website or in its configuration and presentation. It also reserves the right to suspend temporarily, and without prior notice, access to the website for reasons of possible need and to carry out maintenance, repair or improvement operations.
The Story Tailors reserves the right to include or withdraw all or part of the Website, any information at its sole discretion.
The user's navigation implies the assumption of the modification of the previous legal texts that can be made and their knowledge.
CONDITIONS OF CONTRACT:
Ignoring or disregarding the General Conditions does not exempt any Client from its compliance. The website of "The Story Tailors" is exclusively intended for adults and is not permitted to be used by minors. We expressly request that parents or legal guardians take the appropriate measures to prevent minors from being able to register and make purchases. The Registry assumes, on the part of the Client, the full and unreserved acceptance of the exposed conditions.
Orders and Specifications
The order confirmation will contain details of your order and price. It is your responsibility to contact us and notify us of any errors with the order as soon as possible. Failure to do so may result in an incorrect delivery. The communication of any errors after a deadline of 20 hours from the time of acceptance cannot be accepted by the system, as the printing process will have commenced. In such instances the company has no obligation to refund the purchase. The maximum term to claim an order is of 90 days from the shipment, since past this deadline are not preserved historical database of the shipment.
We endeavour to display and describe as accurately as possible any printed product colours that are shown on our website and our 'preview’ section, but we cannot guarantee that the colours of the product being delivered will be an exact match to those shown on the computer monitor or the screen of a mobile device at the time of previewing.
In order to offer our services in the best possible way, www.themagicofmyname.co.nz will try to deliver your personalised story as quickly as possible. The shipping methods available are standard and express. The estimated time of arrival for the product is about 20 working days from the time of purchase in the standard service, and 15 working days in the express option. The period of preparation of the personalised book depends largely on the availability of third parties responsible for printing and transport companies.
The location of delivery for our products will be shown in the order, and the standard delivery method (unless a different method is specified and agreed) will be ordinary mail. We do everything possible to manage each order in the time set for each item. The delivery time should not be the essence of these terms and conditions and we will not be liable for any losses or expenses you may suffer as a result of a delay in the delivery of your order.
The User must check his product after delivery and, in case the product has been delivered by a carrier, sign the package’s acceptance document. The User may not reject an order or part of an order based on a late delivery in an order consisting of several products. If at the time of delivery, the products are defective or damaged, the User must provide a written description of the damages or defects and provide the relevant evidence.
We reserve the right to send your order in several shipments. In case your order is scheduled to be made in different deliveries, each delivery will constitute an independent contract. If by mistake you do not pick up the order, then we will be under no obligation to refund the value of the purchase.
Acceptance of Delivery
The User must be available to accept delivery on the established date, since the standard courier service will only attempt delivery up to 2 times. After these attempts the package will remain with the courier company for 7 days. If after this period the User does not pick up the package, it will be returned to us, with the User taking charge of the cost. If the delivery is rejected or returned due to an incorrect address, the User will be responsible for the costs. If in this period it is not claimed, the order will be cancelled, the right to the refund of the corresponding amount being cancelled, since the books have been made to order and are clearly personalised.
The hiring of any service or product implies the consent for your personal data to be provided to the transport company from the data provided to "The Story Tailors".
The Risk for loss and / or damage in the transfer of the contracted merchandise transmits the Liability to the Carrier company.
It is a prerequisite that at the time of receipt of the goods it is indicated, on the delivery note itself that the carrier is signed, any incident that may have related to the state of the merchandise, the packaging, number of packages or any other information that it could be indicative of anomalies in the shipment. It is essential that this incident be communicated within a maximum period of 24 hours from receipt of the material, in order to be able to act if necessary.
All prices include VAT. The VAT is calculated based on the final value of your order, in Euros and in the percentage in force at the time of the order.
Payment is made through the payment platform of our provider (currently Debit / Credit Card or PayPal), at the time of placing your order and the moment that it is approved by us. At that time, a full payment will be made, and the contract will come into force. The platform that manages payments via Credit or Debit Card (Visa, Mastercard or American Express) is Adyen BV.
The User agrees that all the details you provide us in order to carry out the delivery of your order are correct, and that the method of payment chosen is your property and that there are sufficient funds or credit possibilities to cover the payment and the total cost of the order.
Payment for all products is made through an external payment service provider. The User must indicate their payment information to said provider and may also have to accept the 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 said - external - payment provider.
Return and cancellation policy
We remind you that the products offered in our store are made according to the user's specifications and are clearly personalised. The right of withdrawal will not apply to contracts that refer to the supply of goods made according to the specifications of the consumer and user which result in clearly personalised goods.
The User only has the right to cancel an order in the following circumstances:
1- If we have not been able to deliver the order within a period of 35 days after the date of the order for reasons attributable to The Story Tailors.
2- In the case of defective products, as soon as you have discovered the defect (taking into account that you have inspected the product as soon as possible after delivery).
If an order is cancelled under conditions 1 or 2, we will be held responsible for all costs (including initial delivery and re-delivery charges (if any)) of the order in question. Notifications that imply a desire to cancel an order should be sent by email to firstname.lastname@example.org.
Except for the aforementioned circumstances, nothing in these Terms and Conditions should give you the right to cancellation or returns in relation to products that, by their nature, have been made to your specifications and are clearly personalised. The User must return any product in its original packaging (which must be kept for that purpose).
In case of defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, steps that will be free for the consumer and user. For this the consumer must report evidence via email with photos to be able to visually demonstrate the defective product. The seller is responsible for the lack of conformity that manifests itself within two years of delivery.
Online Dispute and Conflict Resolution for Consumption Platform of Article 14 Regulation (EU) 524/2013: The European Commission provides a platform for online dispute resolution (ODR) which is available to view here: http://ec.europa.eu/consumers/ odr /. Information regarding the participation in a dispute settlement procedure before an arbitration board.
© 25/02/2019 - “The Story Tailors, S.L.”
All rights reserved.