Terms of Use:
Welcome to Manimal Tales / Sue Donhym Content. We hope that we will be able to fulfil your order in a satisfactory and timely manner.
Manimal Tales are a series of personalized books based on a child’s name. Each book is made to order with every unique child’s name. This Site is owned and operated by Sue Donhym Content LLC with offices at 500 Westover Dr #13210, Sanford, NC 27330, USA (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us via the Contact Us section on this website.
These Terms and Conditions govern the contents and use of the website www.manimaltales.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 of Sale 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 General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.
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.
Law and Jurisdiction:
Sue Donhym Content is incorporated in Delaware. The Delaware courts will have jurisdiction over any claim arising from, or related to, a visit to our Service, or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware.
Limited License and Site Access:
We will not be liable if, for any reason, our website or our service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us straight away to let us know. We can deactivate your account at any time.
Ordering:
When you place an order through the Site, a screen confirming your order will be displayed containing details of your Order. The contract between you and us will only be formed when you have been presented with the Order Confirmation Screen. You should also receive a confirmation email. Please ensure that you have given us the correct email address as this is how we will communicate with you about your Order.
You are responsible for ensuring that all details which you provide to us for the purposes of your Order and its delivery are correct. 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 and the Price. 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 endeavor to display and describe as accurately as possible the printed colors on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colors 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.
Pricing and Payment:
The price of any Product will be listed on our Site and shown in your cart. Prices will vary between products. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with on the Order Confirmation Screen, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment is by credit or debit card or available payment wallets and through our chosen payment provider. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment.
Orders with a delivery address outside United States 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.
Shipping and Delivery:
During the ordering process we will ask you to specify the place of delivery for each Product. It is your responsibility to ensure that all delivery information is accurate and up to date.
Standard delivery is via through our courier partners which can change time to time. Other delivery costs and options are set out clearly on our website and in your shopping cart at the time you place an order.
We aim to process your Order and produce each Product within the time period stated during the ordering process and shown on the shopping cart screen. Please note that production times may vary and any time quoted for the delivery of goods are indicative only. 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. 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 may be charged a return fee.
If your Product is defective or damaged on delivery you must contact Us within 14 days of receipt via the Contact Us page. We may ask you to return the defective or damaged item to us in order to validate your claim for a replacement product.
Returns, Refunds and Cancellation:
You shall have the right to cancel an Order only in the following circumstances:
(a) If We have failed to deliver the Order within 40 days after the date you placed the Order;
If an Order is cancelled under the conditions in (a), 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 using the Contact Us section of the website.
As these are personalized books that are printed and customized for a particular user, We will not accept a return or order cancellation under any circumstances outside of those listed above, and no refunds will be issued for the same.
Replacement:
You are responsible for ensuring that all personalization details supplied to us are correct at the time of ordering. However, you have the right to get your order replaced under the following circumstances: your product is defective or damaged (in which case We shall require photographic evidence of the same from you within 10 days of receipt). To notify us of your wish to replace, please use the Contact Us section of the website.
Discount Codes:
Discount codes are issued subject to availability and can be withdrawn without notice at any time. We reserve the right to stop discount codes being used against specific products. Only one discount may be used per order and these cannot be used against money on account, delivery, or any other facility provided by Us. Discount coupons cannot be used in combination with any other discount running on the site.
Disclaimers and Limitations on Liability:
While we endeavor 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.
Liability:
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).
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.
Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of Our service or Our website or Our product(s) except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with the terms of these terms. To the fullest extent permissible by applicable law, the maximum liability to Us arising out or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by 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.
Events outside of our control:
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, these shall not excuse the Customer from any payment obligations under this Agreement.
Reliance on posted information:
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
Our right to vary these Terms & Conditions:
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
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. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
Indemnity:
You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these General Terms of Use or of any law or the rights of any third party.
Termination:
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.
Data Protection and Privacy:
We will only use any personal information that we may 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.
Your Concerns:
If you have any concerns about material which appears on our Service, or have any questions relating to these Terms & Conditions, please contact us through the Contact Us section of the website.
BY ORDERING PRODUCTS OR VISITING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.