Terms & Conditions for Products
These are the terms on which My Child Library sells its products online. They do not affect your statutory rights. They are designed to set out clearly My Child Library’s responsibilities and your rights.
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1. In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Contract’ means any contracts made between My Child Library and you for the sale and purchase of Products from its Website.
1.2 ‘Order’ means the Products which you have selected to purchase in your online basket.
1.3 ‘Parties’ mean My Child Library and you.
1.4 ‘Products’ mean any product, article and/or item which My Child Library sells on its Website.
1.5 ‘Website’ means www.mychildlibrary.com or variations to the name of the aforesaid domain name.
1.6 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.7 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the construction of these Conditions.
1.9 You agree that email can be used as a long-distance means of communication.
2. TERMS OF ACCEPTANCE
2.1 A Contract is formed between you and My Child Library when (and not before) My Child Library notifies you by email and/or electronically that your Order has been accepted. Your Order will not be accepted until My Child Library receives authorization of your credit card payment or such other authorization. My Child Library will not accept Orders from you if your address is not in Romania. My Child Library reserves the right not to accept any Order.
2.2 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between My Child Library and you are transacted and processed unless otherwise agreed in writing by an authorized representative of My Child Library.
2.3 While My Child Library tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Products that you have ordered, My Child Library will contact you to let you know the correct price and ask you whether you still wish My Child Library to fulfill your Order at correct price. My Child Library shall be under no obligation to fulfill your Order for a Product, which was advertised at an incorrect price. My Child Library shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, My Child Library will refund the full amount to you.
2.4 My Child Library will do its best to correct errors and omissions as quickly as practicable after being notified of them.
2.5 My Child Library will keep details of your personal or credit or debit cards as its secure payment-processing provider processes them, in accordance with legal obligations that My Child Library has. You undertake that all details you provide to My Child Library for the purpose of processing the purchase of your Products are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the cost of the Products.
3. PRICE AND PAYMENT
3.1 Subject to Clause 2.3, the price of the ordered Products shall be as set out on the Website, and includes postage, packing and value added tax (if applicable).
3.2 Where Orders are made through the Website, My Child Library accepts payment through Visa and Master Card (collectively as ‘Credit Cards’) and PayPal.
3.3 No payment for the Products shall be deemed to have been received until My Child Library has received cleared funds. My Child Library shall see the bank account and the owner’s name on the account statement.
4.1 My Child Library aims to arrange shipment of all ‘in stock’ items within 1 working day of receiving your Order. Your Order may be delayed if the item is not in stock with My Child Library’s suppliers. Some items may be unavailable and the current stock status is approximate.
4.2 Unless a longer delivery date is agreed between the Parties, if My Child Library fails to dispatch any ordered Products within 30 days of acceptance of your Order, My Child Library shall refund in full your payment in respect of such Products.
4.3 You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of the first attempted delivery by My Child Library.
4.4. My Child Library shall need in case of delivery, a phone number to pass on to the courier in order to deliver the order.
5. LOSS AND DAMAGE
5.1 My Child Library warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website, will be free from defects in materials and workmanship and will be of satisfactory quality. All other warranties are excluded to the fullest extent permitted by law.
5.2 Any claim by you that any Products ordered fail to correspond with the description on the Website or that they are defective or not of satisfactory quality must be notified to My Child Library by email at firstname.lastname@example.org or letter within 3 days from the date of delivery. If delivery is not refused, or you do not notify My Child Library accordingly, My Child Library shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
5.3 If you make a valid claim under paragraphs 5.1 and/or 5.2, My Child Library shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products.
6. LIMITATION OF LIABILITY
6.1 My Child Library shall not be liable for any fault or defect in respect of the Products if such fault or defect arose as a result of the Products being improperly assembled.
7. RETURNS POLICY
7.1 My Child Library’s returns policy is as follows:
7.1.1 Within 3 working days beginning with the day after the day of receipt of any Product, you may exercise your right of cancellation in respect of such Product by sending us written notice of cancellation by emailing email@example.com.
7.1.2 You must promptly return the Products to My Child Library at your cost.
7.1.3 My Child Library will refund your payment for such Product.
7.1.4 Where the Product is damaged, My Child Library reserves the right to commence legal proceedings against you for any loss suffered by My Child Library.
7.1.5. Please be advised, given the type of products that we sell (custom made) the legal return right it is not applicable, in accordance with consumers national legislation.
Any communication between the Parties shall be by e-mail, phone number or first class post to each party’s current email or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to My Child Library).
9. INTELLECTUAL PROPERTY
All materials and products embedded in this website are the intellectual property of My Child Library. These materials/products can not be copied or reproduced, except for the period of time needed to be viewed. For any questions or requests to use the materials on this website please contact us at firstname.lastname@example.org.
The customer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, bind, expose, include any products in any context other than the original intended by My Child Library, including any products outside the site, the removal of the sign that signifies the copyright of the My Child Library on the products, as well as the participation in the transfer, sale, distribution of products made by reproducing, modifying or displaying the products, except with the express written consent of My Child Library.
Any customer that buys and/or uses products from My Child Library is subject to this document containing the Terms and Conditions of Use of the Site, if the product is not accompanied by a specific and valid user agreement concluded between My Child Library and this, and without any implied or express warranty from My Child Library with reference to the products.
In the event that My Child Library grants the customer the right to use as described in a separate use agreement, a certain product to which the customer has or obtains this right under this Agreement, this right shall extend only to that or of those products defined in the agreement, only during its existence or the period defined in the Agreement, according to the defined terms, if they exist and does not represent a contractual commitment from My Child Library for that customer or any other third party who has / will gain access to this transferred product by any means and which might or may be harmed in any way by this product, during or after the expiration of the use agreement.
It is forbidden any use of the products for purposes other than those expressly permitted by these T & C or the additional use agreement, if it exists.
My Child Library reserves the right to restrict the customer’s access to certain products if it deems necessary or to accept payment methods, if based on the conduct or activity of the respective customer, the actions of the latter could in any way prejudice My Child Library. If such circumstances arise, the customer may contact My Child Library using the following e-mail address email@example.com in order to be informed of the reasons which have led to the application of that measure.
The customer can contact the representatives of My Child Library by using the contact details in the section “contact us”.
All information used to describe the products available on the website (static / dynamic images / multimedia presentations / etc.) is not a contractual obligation on behalf of My Child Library, rather with only a presentation title.
10. AMENDMENTS TO THIS CONDITION
10.1 My Child Library reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those when you placed your Order.
10.2 When My Child Library amends these Conditions, it will mention the fact on the Website’s home page (www.mychildlibrary.com). For users purchasing Products or registering on the Website for the first time, all purchases from the date that the amended terms are placed on the Website on-wards will be governed by those new terms otherwise, such changes will be effective against existing users 30 days following posting of the amended version on the Website. Your continued use of the Website following My Child Library’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Conditions, please do not continue to use purchase Products on My Child Library’s Website.