Terms of Sales
Welcome to My Mini Buddies. We hope we can process your order in a timely and satisfactory manner.
My Mini Buddies is a personalised book with a child's name. All My Mini Buddies books are uniquely made for each child's name.
These Terms and Conditions govern the content and use of the www.myminibuddies.com website (referred to in this document as the "Website") and set out the terms and conditions under which we supply the products available on the Website (referred to in this document as "Products"). Please read these Terms and Conditions of Sale carefully before using our website and ordering Products. By using this website and/or ordering Products, you acknowledge that you have read, understood and accepted these Terms and Conditions.
These Terms and Conditions apply to all sales of Products by My Mini Buddies via the website and prevail over any other documents or practices in the sales industry, unless we agree otherwise in writing. If you do not agree to these Terms and Conditions, please do not use the Website. Please note that we may change these Terms and Conditions and you should therefore check them regularly. If you do not agree to any changes, you must stop using the website. If you continue to use the website, you will be deemed to have accepted the change.
DEFINITIONS
"Buyer" means the person named on the Order;
"Contract" means the Order and the Order Confirmation;
"Non-Conforming Product" means a product which contains a defect or error; or which is imperfect or has imperfections in relation to the order;
"Order" means your order for a Product on the Website;
"Price" means the price including packaging and postage costs and any taxes, promotional offers or discounts in force at the time of ordering.
"Terms and Conditions" means the terms and conditions of purchase and sale set out in this document.
ACCESSING AND USING THE WEBSITE
You may not use the Website in any inappropriate, unlawful or illegal manner. You agree to comply with all instructions we provide to you regarding the use of the Website.
By placing your order, you agree that we may review it and its contents to ensure that it complies with our guidelines and these Terms and Conditions. Similarly, you acknowledge that we may refuse to process an order if we believe that the content breaches these Terms and Conditions and our guidelines.
OWNERSHIP AND USE RIGHTS
All intellectual property rights in the Website and all content and materials on the Website (referred to in this document as the "Website Content") belong to My Mini Buddies. Please note that intellectual property rights include patents, registered and unregistered trademarks, domain names, registered designs and design rights, copyrights, database rights, moral rights and computer program rights. The use of the content of the website is limited to personal and non-commercial purposes. Consequently, this content may not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transferred or sold in any form or by any means, in whole or in part. You may not modify the copyright or other proprietary rights in any content on the website.
ORDERS AND STIPULATIONS
All products are offered for sale subject to availability and our acceptance of your order.
We reserve the right to refuse any order without giving reasons. No order shall be deemed to be accepted until we have confirmed it unreservedly in the order confirmation.
Details of your order, the price and an estimated delivery date can be found in the order confirmation. It is your responsibility to contact us or inform us as soon as reasonably possible in the event of an error or mistake in the order. Otherwise, the incorrect order will be sent to you.
We undertake to show and describe the printed colours of the products on our website as accurately as possible. However, we cannot guarantee that the colours provided will exactly match the colours that appear on your screen or mobile phone.
PRICES, PAYMENT AND CURRENCY
All prices include VAT, based on the final value of your order and at the rate applicable in Belgium at the time of your order.
Once you have placed your order and we have accepted it, payment must be made via our payment provider (Stripe). Full payment will be taken and the contract will then come into effect.
You must ensure that all the details you give us about your order and its delivery are correct. You must also ensure that the payment method you choose is yours and that you have sufficient funds or credit available to cover the full cost of the order.
DELIVERY
The place of delivery of your goods will be as agreed at the time of ordering, and delivery (unless the parties agree otherwise) will be by first class stamped post.
We undertake to process your order and manufacture your product within the time agreed for each item. However, manufacturing times may vary, so the times given for delivery of goods are for guidance only.
You are responsible for checking your product on delivery. If the order has been delivered by a carrier, you must sign the delivery or acceptance note. Your signature on such a document will constitute valid proof that you have received your order free of any apparent defect or damage. Delay or non-delivery of any part of your order does not entitle you to refuse your order or any part of it. If the goods are alleged to be defective or damaged on delivery, you must give a written description of the alleged damage or defect at the time of delivery. This description must be signed by you or on your behalf.
We reserve the right to deliver your order in several instalments. In this case, each delivery will constitute a separate contract.
If you do not take delivery of your order in accordance with these terms, we shall have no obligation to make any refund.
RISK AND OWNERSHIP
The risk of loss or damage to your order passes to you on delivery to the agreed address. Notwithstanding delivery and the passing of risk in the order, ownership of the order will not pass to you until we have received your payment in full of the price and all other sums due or payable under the order or any other order you have placed.
RETURNS, REFUNDS AND CANCELLATION RIGHTS
You have the right to cancel an order in the following circumstances:
If we have been unable to deliver the Order within 30 days of the date you placed the Order;
If an order is cancelled in accordance with the conditions set out in the above point, we will be liable for all sums paid (including postage costs incurred for the initial delivery and further deliveries (if any) in respect of the order in question.
Notification of the wish to cancel must be made by email to hello@myminibuddies.com.
For the sake of clarity, with the exception of the statutory provisions on consumer protection and the statutory provisions on warranty for hidden defects, nothing in the General Terms and Conditions gives you any cancellation rights in respect of products which by their nature have been made to your specifications or which are clearly personalised.
You must return the product to us in its original packaging (which you must retain for this purpose).
Nothing in this clause affects your rights under applicable statutory and regulatory provisions.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
Whilst we endeavour to ensure that the information contained on the Site ("Site Content") is correct and error free, we do not warrant the accuracy or completeness of the Site Content. We may make changes to the Site Content or to any of the products, prices or charges described on the Site at any time without notice. The content of the site may not be current and we cannot undertake to update this material regularly.
We will use our best efforts and care in making the site available. Some of the Content on the Site may be provided by third parties and, therefore, we cannot guarantee, nor do we assume any responsibility for, the accuracy, completeness, timeliness or reliability of the Content on this Site.
Accordingly, except as expressly provided in these Terms and Conditions, the Site and all Content on the Site are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether in fact, by course of dealing, by statute or otherwise). To the fullest extent permitted by law, we disclaim all other terms, conditions, representations, and warranties (including, without limitation, any implied warranty of fitness for a particular purpose, or that your use of the site or the site content will not infringe the rights of third parties).
We cannot guarantee that the Site, the Site Content and the functions of the Site will be uninterrupted or error-free, that defects will be corrected immediately or that the Site or the server that makes it available are free of viruses or other harmful components. We cannot guarantee or warrant that the site and the content of the site will meet your requirements and we make no warranty as to the use or results of use of the content of the site in terms of its completeness, accuracy, reliability or otherwise. We shall not be liable for the security of the site or for any failure of the site to operate properly, however caused, or for the loss or corruption of materials in transit, or the loss or corruption of materials or data when downloaded onto a computer system.
LIABILITY
We warrant to you that the product purchased through the site is of satisfactory quality and is reasonably fit for the purpose for which products of the same type are normally supplied. To the fullest extent permitted by law, we disclaim all other conditions, representations, statements and warranties, whether express or implied (whether in fact, by usage, by statute or otherwise).
Our liability to you for any loss you suffer as a result of our breach of this Agreement is strictly limited to the net purchase price of the Product you have purchased (excluding taxes and shipping costs).
Nothing in these Terms and Conditions excludes or limits our liability for: death or personal injury caused by our negligence; or any loss you may have suffered as a result of any fraudulent misrepresentation we may have made; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing in the Site and use of the Site Content is at your own risk.
Subject to the foregoing, you acknowledge that we are not responsible for: (a); (b) any loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind 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 (whether in any case direct or indirect), whether in contract, tort (including negligence), strict liability or otherwise which arises out of or in any way relates to (i) the use of this site or the content of the site; (ii) these Terms and Conditions; (iii) the Products; (iv) the failure or delay in the use of any part of the Site, the Site Content or any of the Services, including but not limited to the unavailability of the Site, the Site Content or the Services for any period of time; (v) the use of any content on the site or other information, materials, software, products, services and related graphics obtained through the site, and in any event, even if we have been advised of the possibility of such loss or damage.
We shall not be liable for any loss, damage, cost or expense (including loss of profits) arising directly or indirectly from the failure or delay in performance of obligations under the Terms and Conditions as a result of any event or circumstance beyond our control, including but not limited to strikes, industrial action, failure of power and equipment supplies, governmental action or natural disasters.
The laws of the country in which you reside may not allow the limitation or exclusion of liability or incidental or consequential damages, in which case the above limitation and exclusion may not apply.
Because of the inherent risks in using the Internet, we cannot be responsible for any damage to or viruses that may infect your computer equipment or other property when you use or browse the Site. Any downloading or other acquisition of content through the site is done at your own discretion and risk, and with the understanding that you will be solely responsible for any damage to your computer system or loss of data that results from the download or acquisition of any content from this site.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our directors, employees, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, demands, damages, actions, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and from any claims or legal proceedings, arising out of or in connection with your improper use of the Site, the content of the Site or the services provided by the Site, your actions in connection with the Site or the services provided or other users of the Site, purchases, transactions, agreements or arrangements with any third party through the Site or on any third party site, or any violation of these Terms of Use or any law or the rights of any third party.
TERMINATION
We may terminate the Site or cease to provide 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 our sole discretion, at any time with notice.
DATA PROTECTION AND PRIVACY
We will only use the personal information 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
This agreement shall be governed by the laws of Belgium and subject to the jurisdiction of the courts of Belgium.
PLACING AN ORDER
You will need to follow the procedure described on the site to place an order. Details of the price payable in respect of any product and the payment procedure are displayed on the site.
Any delivery times or dates given are estimates only. We will use reasonable endeavours to deliver the Products within the time specified.
By placing an order via the site, you will be indicating an offer to purchase a product and agreeing to these terms of sale and our Terms and Conditions. All orders will be subject to our acceptance and we will have the right to refuse any order you place. We will provide written confirmation of your order to the email address you provide at the time of placing it, but such confirmation will not constitute acceptance of your order. We will indicate our acceptance of your order when we have received payment in full from you and will send you a confirmation email, which will result in the contract being concluded. Once payment has been received in full, we will begin processing your order and creating your My Mini Buddies personalised book. Once we have started creating your My Mini Buddies book, your order cannot be cancelled. We will require payment for the My Mini Buddies book in full before it is made and dispatched. If we are unable to fulfil your order after accepting payment, we may refund your money and cancel the contract.
We may cease to offer or modify products or services at any time without notice. Similarly, these products may become unavailable without notice. We will not be liable if a product or service becomes unavailable.
You agree that all information you provide to us in connection with the purchase is accurate, that the credit or debit card or e-wallet you use is your own and that its balance or credit facilities will be sufficient to cover the cost of the product. If payment is not received in full, we will have no obligation to deliver the product.
PRICE AND PAYMENT
Payment for the Products will be made through a third party payment service provider. You will be required to submit your payment information to such third party provider and may be required to accept additional terms and conditions in relation to the use of that service. We will not accept, and hereby exclude, to the extent permitted by applicable law, any liability arising out of or in connection with your use of the payment services of such third party provider.
We may change the price of any product before you place an order.
Although we will use our best endeavours to ensure that this does not happen, some of the products listed on the site may be incorrectly priced, including where the price may increase between the time you place your order and the time we accept it. We will generally check prices as part of the shipping process so that if the current price of a product is lower than the price listed, we will charge the lower amount at the time of shipping. If the current price of the product is higher than that shown on the site, we will contact you for instructions or inform you that we are refusing to fulfil your order, at our sole discretion, so that you can then reorder it for the correct price if you wish.
Prices include VAT and any other applicable taxes and/or import duties. Prices also include the cost of delivery worldwide by airmail, except in certain cases where we will contact you to inform you of these costs.
ACCEPTANCE OF DELIVERY
You must inspect the product(s) received for defects or non-conformity before signing the receipt indicating that it has been delivered to you in good condition. If you sign the receipt indicating that they have been delivered to you in good condition, you will be accepting that they have been delivered to you in an acceptable condition. Products for which no receipt is signed, but which are accepted, will be deemed to have been delivered in good condition.
If you see any signs of damage to the parcel, please indicate that it has been delivered to you in poor condition. Failure to do so will result in us being unable to refund or replace the product beyond your legal rights.
You will need to be available to accept delivery on the date indicated, as the courier will only make 2 further attempts to deliver, following which the package will be returned to us at your expense. If the delivery is refused or returned due to an incorrect address, you will be liable for the return postage.
Miscellaneous provisions, any notice or request relating to these Terms and Conditions, or to sales made under these Terms and Conditions, shall be delivered to My Mini Buddies.
MY MINI BUDDIES SNC
Rue Eugène Castaigne, 64
1310 La Hulpe
Belgium
VAT number: 0765.372.065