TERMS AND CONDITIONS
The delivery of any of the products offered by BedtimeToons (hereinafter the “Products”) over the Website www.BedtimeToons.com requires the previous purchasing of these Products in accordance with the requisites set forth in these General Terms and Conditions that shall expressly regulate the conducting of relations between Cartoon Production Ltd. and those third parties (hereinafter the “Customer”) that purchase the products offered through the Shop.
Cartoon Production Ltd. hereby informs you that the procedure to purchase goods is that which is described in these General Terms and Conditions, along with any other specific process indicated on screen when browsing. Accordingly, the Customer declares to have knowledge of and to accept the aforementioned procedure as necessary to access the products and services offered over the website.
Website owner, the offering, and binding of Terms
This website is owned and operated by Cartoon Production Ltd., (hereinafter “BedtimeToons”), the registered of which is at: F04 1st Floor Knightrider HouseKnightrider Street, Maidstone, Kent, ME15 6LU UK.is the owner of the websitewww.BedtimeToons.com (hereinafter “BedtimeToons.com” or “Website”) and makes it available to internet customers to provide them with information on BedtimeToons products and promotions as well as enabling the purchase of the products over the website.
These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors personalized cartoons, e-books, books, DVD and personalized letter. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. Discount coupons at our @bedtimetoons Instagram and Facebook posts.
Return and refund policy
The BedtimeToons product consists of a cartoon, e-book or printed book story, withseveral models of story with different storylines, whose protagonist the customer can customize to their liking, choosing the first and last name and appearance of that protagonist. The final result will be a 4 min. long online cartoon, or a 22 pages e-book or a hard cover printed book, measuring 15x15 cm, in which the protagonist will have the appearance and namethat the customer has chosen and designed on the Website during the purchase process.
The BedtimeToons products have a guarantee of one (1) month from the reception of the product by the Client. The guarantee covers only manufacturing defects (printing or binding errors, missing pages of the book, etc.) that occur during the period of validity of the guarantee.
In the case that the Client detects any of these manufacturing defects, the Client can contact BedtimeToons, indicating the defects of the product and sending us graphic documents where the defects can be appreciated. Once the defects have been evaluated by BedtimeToons, and whenever they are manufacturing defects, BedtimeToons will communicate to the Client the way to proceed in order to solve the problems. Said solution shall consist of the sending by BedtimeToons of a new product to the Client. The shipping costs that would be incurred to return a defective product to the Client within the guarantee will be paid by BedtimeToons.
If you order a cartoon or e-book, you acknowledge at the time of purchase that you may not exercise your right of withdrawal because the consumer may not exercise their right of withdrawal for digital content provided on non-tangible media if the business has started with the consumer's express prior consent and the consumer has stated at the same time that he loses their right of withdrawal after the order, ie there is no possibility of a refund for these two products after the order.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Cartoon Production Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
All product and website content shown, and particularly, designs, drawings, texts, graphics, logos, icons, buttons, software, commercial names, trademarks and any other signs that may be covered by intellectual or industrial rights are subject to the intellectual and industrial property held by Cartoon Production Ltd., or third parties with whom it has reached an agreement with respect to products use.
Under no circumstances must Customer access, browsing or use of the Website be understood as involving a relinquishment, transfer, licence or total or partial granting of the aforementioned rights by Cartoon Production Ltd. The Customer has the right to use website content and/or services in a strictly domestic setting.
All references to commercial or registered names and trademarks, or other distinctive signs, whether owned by BedtimeToons or by third companies, in which case their use has been granted to us, implicitly involves the prohibition to use the same without the consent of BedtimeToons or of their legitimate owners. Unless otherwise expressly stated, at no time does access to, browsing or use of the Website and/or of the content thereof grant the Customer any right over the distinctive signs included thereon.
All intellectual and industrial property rights over website, our official social mediacontent and/or services are reserved and, particularly, it is strictly prohibited to modify, copy, reproduce, publicly disclose, transform or distribute by any means or in any way, either all or part of website content for public or commercial purposes unless prior, express authorisation has been obtained in writing from BedtimeToons or, where appropriate, the holder of the corresponding rights. Moreover, and for security reasons, it is not permitted to use frames or devices that may alter or vary website design, original configuration and content.
None of the content hosted on the Website and our official social media pagescan be downloaded, reproduced or used on any other device or in any other place other than the Website unless BedtimeToons has enabled the means to do so.
The page where the link is established may not make any statement to the effect that BedtimeToonshas authorised such a link unless BedtimeToonshas done so expressly in writing. If the entity that correctly makes the link from its page to the Website wishes to include the trademark, name, commercial name, sign, logo, slogan or any other type of BedtimeToonsidentifying element and/or of its website, it must have previously obtained BedtimeToons’ express authorisation in writing.
BedtimeToonsdoes not authorise the establishment of a link to its website from those websites that may contain illicit, illegal, degrading or obscene materials, information or content or, in general, any content that may be contrary to public morality, public order or generally accepted social standards.
BedtimeToonshas neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites that may have links established to its Website. BedtimeToonsaccepts no liability for any matter that is related to a website from which a link is established to its website, specifically as regards, albeit not restricted to, its operation, access, data, information, files, quality and the reliability of its products and services, its links and/or, generally speaking, its content.
Purpose and scope of application
These are the terms and conditions that regulate the purchasing of products on-line through BedtimeToons.com and the responsibilities arising thereof.
Formalities involved in the product purchase procedure
Before purchasing any of the products on sale over BedtimeToons.com, the Customer must carefully read these Terms and Conditions.
The products on sale in the shop, in addition to their characteristics and price, will come up on screen. Moreover, Customers will be informed of the shipping price to their homes, where appropriate. Shipping costs will come up on screen when making the purchase.
Customers must select the Products they want to purchase and add them to their shopping cart to purchase them at the shop. To this end, before closing the purchase customers must check the characteristics of the product indicated in the website after the personalization that the customer has chosen, its price, the applicable taxes and the corresponding shipping costs, to assess whether or not it meets customer needs.
Customers wishing to purchase products through the shop must be over 18. If not, they will need express authorization to make the purchase from the holder of the bank account to be used in the purchase transaction. When making the purchase, Customers declare and assure they are in possession of, and can demonstrate, the requisite authorization if so required.
The Customer will receive the Purchase Terms and Conditions on screen and must accept them to continue with the purchasing procedure. Acceptance by the Customer of these terms and conditions does not imply automatic acceptance by BedtimeToons of the order, rather it shall be understood as accepted when BedtimeToons sends an e-mail acknowledging receipt of the request or order at the Customer's e-mail.
Payment of the price of the products purchased and the corresponding shipping costs must be made by credit or debit card or PayPal, or in accordance with any other means of payment that may be enabled at the on-line shop at any given time.
A screen will come up with the amount and the purchase reference to proceed with payment and the Customer will be asked to provide the information requested on screen, which will always include the following: a) Card number; b) Expiry date; c) CVV (three-digit security code that is printed at the back of the card); d) PayPal.
To ensure Customer security, BedtimeToons hereby informs Customers that it has contracted the BrainTree and Paypal (secure on-line payment platform) POS service as its e-payment system.
In the case that the product suffers any type of deterioration not caused by a manufacturing defect (such as damage due to blows or the action of climate or nature on the book - water, heat/fire/sun, ...-, breakage due to inappropriate use of the product by the Client, breakage due to use of the book as deterioration of the binding, etc.), the replacement of the Product will not be covered by the guarantee, and BedtimeToons will not be responsible for the state of the Product.
The Client will not have the right of withdrawal with respect to the Products (that is to say, he will not be able to return them without alleging any cause within 14 days of receiving them), since these goods are clearly personalized and made according to the Client's specifications (personalization of the story according to the Client's indications in the story configuration tool).
Delivery and Acceptance
The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be trackedpostage.
If you have ordered more than one Product, We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.
We will endeavour to process your Order and manufacture your Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and 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.
The cartoon and e-book will be sent to the e-mail address provided in the customer’s Paypal payment system, and the Deluxe Box will be sent to the address provided in the customer’s PayPal payment system.
If you pay by card, please indicate your e-mail address during the ordering process and, if you order a Deluxe Box, your mailing address.
When you receive the Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition. If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights. 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 will be charged a return fee.
If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.
BedtimeToons undertakes to meet the following obligations:
To provide Customers with the requisite information at BedtimeToons.com on the products available for purchase.
To send Customers a receipt acknowledging the receipt by BedtimeToonsof the request or order made to the address the particular Customer indicates in the contract form.
After making the purchase, BedtimeToonsundertakes to deliver the goods acquired by Customers, as soon as possible and always within legal limits, at the address they indicated in the order form. Ifthe product is definitively returned on account of continued Customer absence or failure of the Customer to pick up the product, the latter shall be returned to BedtimeToons. Should the Customer subsequently wish for it to be re-shipped, the Customer will have to pay shipping costs.
All deliveries are subject to stock availability and confirmation of the payment transaction.
All our products are packaged securely and properly to avoid deterioration during shipping. Nevertheless, if they become deteriorated or get damaged during shipping, BedtimeToonsshall not be liable for replacing the product.
To refund the cost to Customers for goods with production defects (once duly confirmed by BedtimeToonsthat the defect in question is duly caused by an ex-works defect and not due to Customer misuse). When Customers exercise their right under the guarantee, BedtimeToonsshall pay for any shipping costs involved in the process.
To act with reasonable care and professionalism with respect to the services and goods it offers.
Customers shall be liable for:
All those acts that contravene that which is set forth in these general terms and conditions, the law, public morals, generally accepted good practices and public order.
Any act that is conducted differently to the manner indicated byBedtimeToonsin its instructions on how to use the Website and purchase the products thereon.
The truth, accuracy and current validity of the data provided in the forms BedtimeToonsmakes available for completion on the Website.
Any direct or special and consequential damages caused the Customer by any third party if the Customer loses, discloses, mislays, or in any way makes a third party privy to the Customer personal data required to purchase the product.
BedtimeToons shall not be liable for:
Deleting, damages of the files or damages caused by the improper conservation or misuse of the product that may be caused by the Customer or a third party for reasons for which BedtimeToonsis not accountable.
Whatever the case, any liability that the Customer may claim of the BedtimeToonsshall be restricted to the price of the product purchased by the Customer.
Guarantee exclusion and limitation of liability
To the maximum extent permitted by applicable law, in no event shall Cartoon Production Ltd., be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Cartoon Production Ltd. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
BedtimeToonsreserves the right to delete users and any content that might harm its image, cause it commercial damage.
BedtimeToonsaccepts no liability for damages of any kind that may be caused by any lack of availability and/or technical continuity of Website functioning. Whatever the case, BedtimeToonsshall take all the actions required to restore its services in the event of technical problems.
You agree to indemnify and hold Cartoon Production Ltd. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
BedtimeToonsshall put all the means at its disposal to protect the data housed of the website providers servers. If any natural or legal person accesses these data lawfully or unlawfully and makes undue use of this information, that which is provided for in current legislation shall apply.
BedtimeToonsshall not be liable for any damages that may arise from the content, information, publicity, opinions, ideas and images provided by Customers or third parties that contravene the law, public morals, good faith and public order, or the infringe on industrial or intellectual property rights or contain flaws, defects or computer viruses or similar software routine.
Whatever the case, BedtimeToonsaccepts no liability for content and information unrelated to the website that BedtimeToonsdoes not manage. BedtimeToonsis not aware of any content housed on the website that contravenes the law, public morals, good faith or public order or that infringes on industrial or intellectual property rights or contains flaws, defects or computer viruses or similar software routine.
BedtimeToonsaccepts no liability for damages that may be caused by the knowledge unauthorised third parties have of users’ personal data, or for the use made of the Website by means of these data.
BedtimeToonscan sell advertising space (banners, sponsorships, collaborations, etc.) on the Website. If the companies or other entities advertising on the Website collect the personal data of users (by means of a link or through a specific registration process for this purpose), the said companies shall be liable for observing data protection regulations.
BedtimeToonsaccepts no liability for any failure to make good discounts and promotions advertised by companies, persons, influencers, brands, institutions and other entities whether profit or non-profit making that may decide to advertise on the Website. Those companies and entities shall be responsible for making good the aforementioned promotions and discounts. Moreover, BedtimeToonsaccepts no liability for any damages arising for Customers from the failure to make good on these promotions and discounts.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Acceptance of customer orders shall be regulated by the Terms and Conditions published at that time on the Website.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at email@example.com.
Preference of law and dispute resolution
This contract shall be governed by United Kingdom’s Law, which shall apply to that which is not set forth in this contract concerning interpretation, validity and performance.
In the event of any disagreement or claim arising between the parties with respect to compliance with, or the contents of these Terms and Conditions, the parties shall negotiate in good faith to try and resolve their disagreement or claim within a maximum period of one month to be calculated as of the date either formally notifies the other of the discrepancy that has arisen or the claim made.
Notwithstanding, in the event that the disagreement or claim is not resolved within the aforementioned maximum term and only in cases in which the regulation provides for the possibilities of the parties subjecting themselves to a jurisdiction, BedtimeToons and the Customer hereby expressly waive their right to any jurisdiction that may correspond to them and agree to subject themselves to the decision on the matter put before the Courts and Tribunals of the City of London.
Customer support details & contact info: firstname.lastname@example.org