Terms and Conditions
Welcome to The Magic of my Name. We have set out the Terms and Conditions for the use of our site to ensure we have mutual understanding. If you do not agree with these Terms then we advise you not to access the website, if you continue to access the website we will understand that you have accepted these Terms and Conditions.
The website ‘www.themagicofmyname.com’ is under ownership of THE STORY TAILORS, SL, established in Gran de Gracia 15 1º1º 08012, Barcelona. email@example.com (347) 708-0232
The use of this website ‘www.themagicofmyname.com’, including mere access, means that you (“you,” “User,” or “Visitor”) signify that you have read, understood, and agree to be bound by these Terms and Conditions. By agreeing to these terms or by use of the Site, you also accept that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions.
The website is aimed at disseminating and promoting the activity of ‘www.themagicofmyname.com’ as a company dedicated to the publication and distribution of personalised stories and educational materials. The use of the website www.themagicofmyname.com, including the sole access to the website, attributes the condition of user and therefore submission to the provisions contained in this document. THE STORY TAILORS, SL may at any time modify the content and design of www.themagicofmyname.com as well as these provisions without notice, in which any revisions will become effective immediately, therefore you should review these provisions frequently.
Upon access and navigation of www.themagicofmyname.com the user consequently and automatically agrees to our Terms and Conditions without need of previous warning.
Users who access the website ‘www.themagicofmyname.com’ are under sole responsibility, pledging to use the website in accordance with the law, legislation and licenses. Users are also in agreement to take no actions that could damage the image, interests or rights of THE STORY TAILORS, SL or third parties. Users also agree to take no actions that could overload, damage or disable the website, servers or other computer equipment. The user is liable for damages that may arise as a result of a breach of this obligation. Access to the website ‘www.themagicofmyname.com’ requires the intervention of third party operators, therefore access may be suspended, cancelled or be inaccessible by circumstances that are beyond our control.
THE STORY TAILORS, SL is not responsible for damages that may occur as a result. It is the User’s responsibility to take appropriate measures to detect and eliminate the existence of viruses, worms or other elements that may alter their computer systems measures. You may not use any page illegally or improperly, in any means that breaks laws, permits, licenses or legislation. The User agrees to follow all instructions that we provide regarding the use of the page.
All contents of the ‘www.themagicofmyname.com’ website, including logos and other industrial property rights such as; text, photographs, graphics, software, images, source codes and audio-visual content, are owned by THE STORY TAILORS, SL or third party collaborators if expressly stated The access or use of the website does not imply any transfer of rights to exploit the contents thereof, as all rights are owned and protected by THE STORY TAILORS, SL or third party collaborators. Users must not partake in any form of reproduction, distribution, public communication, transformation, modification or any other form of exploitation, as this is prohibited. The user will not attempt to obtain the contents by means or procedures other than those made available in the portal.
The content of the website can only be used for non-commercial purposes and may not be reproduced, modified, copied, altered, distributed, republished, displayed, transmitted or sold in any form or by any means, in whole or in part, and can not be used for commercial or illicit purposes. Users cannot remove any propriety notices or copyright contained in the site content. All rights derived from intellectual property are expressly reserved by The Story Tailors.
The Story Tailors will ensure compliance with the above conditions and the proper use of the contents presented in its portal, exercising all civil and criminal actions that correspond to it in case of infringement or breach of these rights by the user
Although simple access to the website doesn't require the user's input of personal data, The Story Tailors will inform the user when requesting personal data. According to the provisions of The Data Protection Act 1998 , any personal information we collect about the User will be used fairly and lawfully; used for limited, specifically stated purposes; used in a way that is adequate, relevant and not excessive; accurate; kept for no longer than is absolutely necessary; handled according to people’s data protection rights; kept safe and secure; not transferred outside the European Economic Area without adequate protection.
The Personal Data collected in the information request forms or purchase process, will be subject to automated or mixed treatment and will be incorporated to the corresponding files, of which the title corresponds to The Story Tailors. We will use this information in order to manage, provide, expand and improve the services offered on our website, in order to send survey forms, study the use of services by registered users, to send service updates, and to send information and/or promotions of products and services offered to a user expressly consenting to receive such information/promotions from ‘www.themagicofmyname.com’ by any means including electronically, such as email.
The Story Tailors has taken the necessary technical and organizational measures to ensure the security of the data and to prevent its alteration, loss, processing or unauthorized 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. Technical and organizational measures will be taken to achieve the basic objectives of security, such as: confidentiality, which is understood as the limitation of access to information by unauthorized persons; Integrity, understood as the maintenance of reliable and quality information, and availability, understood as the guarantee of access to the Information System at the request of an authorized user.
Registered Users who consent to receive information/promotions by email or equivalent electronic means may withdraw consent by sending notice to the following email address: ‘firstname.lastname@example.org’ or through links within promotional emails themselves. The registered User also has the ability to access their personal data, and to undertake appropriate changes in relation to this data. In this sense, the registered User agrees to provide certain information in relation to their personal data, and to keep the data provided to ‘www.themagicofmyname.com’ up to date.
By ignoring or discarding the General Conditions, does not exempt any Client from its compliance. The "Story Tailors" website is exclusively intended for adults and minors are not allowed to purchase. . We explicitly request parents or legal guardians to take appropriate measures to prevent children from registering and making purchases. The Registration assumes, on the part of the Client, the full and unreserved acceptance of the conditions set forth.
Orders and specifications
Any of the products on sale are subject to availability and our acceptance of the order. We reserve the right to refuse any order without the obligation to provide any reason for such a refusal. No order shall be deemed accepted until we have unconditionally confirmed through an order confirmation.
The order confirmation will contain details of your order, price and an estimated date of delivery. 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 process of printing will have commenced. In such instances the company has no obligation to refund the purchase. 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.
Delivery and Order Confirmation
In order to offer our services in the best way possible, the website ‘www.themagicofmyname.com’ will try to deliver your personalised story as quickly as possible. While the order confirmation indicates an approximate delivery date, this is only a guide. The standard and preferred delivery for the USA are sent through FedEx, with an estimated arrival time of 10 working days for the premium or preferent, and 15 working days for the standard. The delivery date does not establish any contractual obligation to our customers to deliver on the aforementioned approximate date. The deadline for the preparation of the personalised book depends largely on the availability of the third party responsible for the printing and the third party responsible for transportation.
The location of the delivery of our products will be displayed in the order confirmation, and the normal method of delivery (unless specified and agreed otherwise) via standard mail. We make every effort to manage each order on time for every item. However, the deliveries of the products are dependent on third parties and mail services. Delivery time should not constitute the essence of these Terms and Conditions and we will not be responsible for losses or expenses that may incur as a result of a delay in the delivery of your order.
Acceptance of Delivery
Upon delivery the user should review the product to detect any defects or faults before signing for them in their condition, if a carrier has delivered the product, your signature on the delivery document acts as an acceptance of the package. A signature on the delivery document constitutes evidence that the user has received the order without apparent damage or defects and you are satisfied. Any package accepted but not signed for will also be considered in good condition.
Please indicate whether it is damaged, otherwise we cannot give refunds or replace the damaged goods, beyond your statutory rights. If at the time of delivery the products are defective or damaged, the user must provide a written description of the damage and/or defects, and provide relevant evidence, such as photos.
Problems with Delivery
If by mistake you do not collect the order, then we are under no obligation to refund the value of the purchase. The User must be available to accept delivery on the date established, as the standard courier service will only attempt delivery up to 2 times. After these attempts the package will remain in the post office for up to 15 days. If delivery is refused or returned due to an incorrect address, the User must pay the return fee. If after that period the User does not pick up their package, it will be returned to us, with the User being responsible for this cost. Once the order has been returned to our company, the order will be held at our facility for a period of 15 days. If within this period the package is still not claimed, the order will be cancelled, withdrawing the User’s right to be reimbursed the corresponding amount, as the books have been tailored and personalised. You should also note that you may not refuse the order or part solely based on a delay in delivery or if an order is made consisting of several deliveries as opposed to only one as we reserve the right to deliver your order in several instalments. If your order is scheduled to take place in several instalments, each delivery shall constitute a separate contract.
The hiring of any service or product implies the consent to provide your personal data to the courier or delivery company with The Story Tailors works. The delivery company is responsible for the loss and/or damage of the product. It is a prerequisite that, at the time of receipt of the goods, the consignment note signed by the carrier must indicate any incident that may be related to the condition of the goods, the packaging, the number of packages or any other information indicative of shipping anomalies. It is imperative that such incidence be communicated within a maximum period of 24 hours from the reception of the material, in order to act where appropriate.
All prices include VAT. VAT is calculated on the final value of your order and the percentage is at the rate in force at the time of order.
Payment is made through our payment platform provider (currently Adyen BV (credit and debit card) or PayPal) when you place your order and it becomes approved by us. At that time, a full charge will take place and the contract will enter into force.
The User agrees that all details that are provided to us in order to carry out the delivery of the order are correct, and that the chosen method of payment belongs to the User and the User has sufficient funds or credit to cover the total cost of the order.
Payment for all products is done through an external payment service provider. The User must indicate your payment details to the provider, and you may also have to accept additional terms and conditions regarding the use of this service. We cannot accept, and hereby we are excluded to the maximum extent permitted by applicable law, any liability arising out of or in connection with your use of the external payment provider.
Withdrawal, Return and Cancellation Policy
We remind you that the products offered in our shop are made according to user specifications and are clearly personalised. The right of withdrawal shall not apply to contracts that refer to the supply of goods made according to consumer and user specifications or clearly personalised.
The User has the right to cancel an order only in the following circumstances:
1- If we were unable to deliver the order within 35 days after the order date 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), not later than the period of 14 days after delivery.
If an order is canceled under conditions 1 or 2, we will be responsible for all costs (including initial delivery and re-delivery charges (if any) of the order in question. Notifications that express a desire to cancel must please email us at email@example.com.
Except for damaged products, nothing in these terms and conditions should give you cancellation or refund rights in relation to said products that, by their nature, have been tailor made and are clearly personalised. The User must return any product in its original packaging (which must be kept for that purpose).
In the case of a defective product, the seller must proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user. For this, the consumer must report evidence via email with photos in order to visually demonstrate the defective product. The seller responds to any lack of conformity that manifests itself within two years of delivery.
Article 14 Online Conflict Resolution Platform Regulation (EU) 524/2013: The European Commission provides a platform for online dispute resolution (ODR) to see http://ec.europa.eu/consumers/ Odr. To participate in a dispute settlement procedure before a consumer arbitration board are not bound and unwilling.
REGISTRATION AND ACCESS PASSWORDS
The Story Tailors might confidentially provide each of its customers with the ability to create an account, through a username / email and an access password, which is unique, personal and non-transferable, being a necessary condition to access Certain services included in the Web and the administration of the profile itself.
The user must preserve the confidentiality of his password, and should request modification in case of loss, knowledge by other persons or any other circumstance that prevents or hinders the normal operation of his/her access.
The Story Tailors reserves the right to void discretionally the access password of any user when there are circumstances that are presumed illegal.
The user assumes full responsibility of their use of the different services and products that require a password. Furthermore, the user assumes all obligations that arise from third party persons, services and products requiring the user’s passwords. The Story Tailors refute any responsibility of improper, accidental or fraudulent use of a user’s account through a person whom is not the intended owner of said account.
Limitation of Liability
THE STORY TAILORS, SL is not responsible directly, indirectly, consequentially or incidentally for damages of any kind arising from the use of services with customisable content except, where prohibited by law.
Of the possible semantic, grammatical or spelling errors made by the contractor in the preparation of the contracted product; it is of full responsibility of the contractor. The contracting party agrees not to disclose such inaccuracies blaming THE STORY TAILORS, SL of such action.
We may make changes to the content of the page or in some products, prices or fees described, at any time and with or without notice. The content of the page may be out-dated, and we may update such material.
Third parties can offer some of their content on the page, and we do not guarantee or accept any responsibility for its accuracy, timeliness or reliability.Unless explicitly put in these terms and conditions, the site and all site content provided through it are provided "as is" and are without representation or warranty of any kind, either expressed or implied (whether by common law, custom, law or otherwise).
To the maximum extent permitted by applicable law, we disclaim all other conditions, representations, declarations and warranties (including, but not limited to, any implied warranty for a particular purpose of the site or the site content or your use of the site or site content which will not infringe the rights of others).
Our liability for losses you may suffer as a result of the violation of this agreement is strictly limited to the net purchase price of the product (excluding shipping and handling charges). You agree that your page navigation and the use of the site content, is made under your own risk. We are not responsible for any loss, damage, or expenses (including loss of profits) 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, strikes, industrial action, failure of power supplies or equipment, government action, acts of God or the like. The applicable laws in your country of residence may not allow the limitation or exclusion of liability for incidental damages, so the above limitation or exclusion may not apply to your case.
Due to the inherent risks of using the Internet, we cannot be responsible for any damage or viruses that may infect your computer equipment or any other property when using or navigating the page. Downloading or other forms of acquisition of any page content through the site is at your own discretion and risk, and with the acceptance of the User shall be solely responsible for any damage to the computer system or loss of data that results from downloading or acquisition of any Site Content.
The Story Tailors reserve the right to discontinue or deny at any time and without prior notice, any user's access to the restricted access contents, when any of the described circumstances occur.
The Story Tailors is not responsible for the breach of any applicable norm that the user may incur in accessing the website www.themagicofmyname.com and / or in the use of the information contained therein.
Data Protection and Privacy
Our website ‘www.themagicofmyname.com’ may show links to third parties, we decline any responsibility for the contents or services provided by the third party. If the user to navigates through linked pages and observes the existence of contents contrary to law, morality or public order, it may notify THE STORY TAILORS, SL by email ‘firstname.lastname@example.org’. We are not liable for any of the content on third party pages or any consequences of using these pages, it is the Users responsibility.
The Story Tailors, uses social networks to promote their events, services and products, and reach as many recipients as possible, but the legal conditions are established by the same social network.
The user can find in our Web or communications, Banners of collaborating third parties, that advertise their products or services, where it is absolutely necessary, that the user activates this expressly, establishing the relationship only between the interested user and the advertiser collaborator.
In short, the user is solely responsible for his/her use of the services, contents, links and hypertexts included in the website www.themagicofmyname.com.
We reserve the right to terminate the page or cease providing any of the services available through the site at any time at our sole discretion, for any reason whatsoever.
We may terminate your access, temporarily or even permanently, to the site for any reason at our sole discretion, at any time with or without notice.
The Story Tailors reserves the right at all times, without prior notice, to make changes and updates to the information contained in its website or in its configuration and presentation. It also reserves the right to temporarily suspend, without prior notice, accessibility to the Web for reasons of necessity and to perform maintenance, repair or improvement operations.
The Story Tailors reserves the right to include or remove all or part of the Website, any information in its sole discretion.
The navigation of the user, implies the assumption of the modification of the previous legal texts that can be realized and its knowledge.
Law and Jurisdiction
Spanish law shall govern the provisions contained within these Terms and Conditions. Any violation of the Terms and Conditions and we have the right to take legal action. We will be entitled to recover from you any reasonable lawyers/solicitors fee and cost of the legal action. The User also agrees that we will not be liable to them or any third parties for any termination of their access as a result of their violation.
Also, according to Art. 14.1. Of Regulation (EU) 524/2013, and with the aim of guaranteeing consumers' rights in any dispute, with quick and fair resolutions, the European Commission provides an online dispute resolution platform, which is available in the following Link: http://ec.europa.eu/consumers/odr/.
The present conditions will be governed, in any case, by the Spanish law, the country in which we operate.
If any provisions within our Terms and Conditions are seen as void or unenforceable by any relevant and competent jurisdiction, such provisions shall be limited and replaced with a valid provision that encapsulates the true intent of the initial provision, so that the Terms and Conditions shall remain effective.