Welcome to CleverBooks. We hope that we will be able to fulfill your order in a satisfactory and timely manner.
CleverBooks is a personalised book based on a child’s name in each story of the book and child’s photos. Each CleverBooks book is made to order and is unique.
This Site is owned and operated by Private Entrepreneur (trading as CleverBooks).
If you would like to contact us about anything contained on the Site then please contact us by email at mail@CleverBooks.eu.
These Terms and Conditions govern the contents and use of the website www.CleverBooks.eu and set out the terms and conditions on which we supply the products available on the Site. 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 copying them in a word document or printing the page from 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.
Definitions “Buyer” means the person named on the Order; “Contract” means the Order and Order Confirmation; “Faulty” means containing a fault or defect; imperfect or defective; “Order” means your order for a Product from the Site; “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable; “Terms and Conditions” means the standard terms and conditions of business set out in this document.
Accessing and using the Site You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines. 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. Orders and Specifications 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, the Price and an estimate of the delivery time for the Order. 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.
We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
Price, Payment and Currencies Currently we are using PayPal to provide secure payment and be able to accept all currencies PayPal accepts as well as all acceptable by PayPal methods of payment. 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.
Delivery 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 1st class postage. 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. You must inspect your Product upon delivery and, in the case where your Order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that You have received your Order free from any apparent defect or damage. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment. If the Products are alleged to be defective or damaged on delivery, You must give a description of the alleged damage or defect in writing at the time of delivery and signed by You or on Your behalf. We reserve the right to make delivery of your Order by installments. If the Order is to be delivered in installments, each delivery will constitute a separate contract. If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.
Risk and Property Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.
Returns, refunds and rights of 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; (b) In the case of Faulty Products at the earliest opportunity after You have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product). If an Order is cancelled under the conditions in a or b above, 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 email to mail@CleverBooks.eu
For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Products, which, by their nature, have been made to Your specification or clearly personalised. You must return any Product to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.
Disclaimers and limitation of liability While we endeavour 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.
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.
Governing Law This agreement shall be made under the laws of Republic of Ireland and subject to the jurisdiction of the courts of Repulic of Ireland.
Making an order To place an order you will need to follow the order procedure set out on the Site. Details of the price payable in respect of any Product and the procedure for payment are displayed on the Site. 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. By placing an order via the Site, you indicate an offer to buy the Product and acceptance of these Conditions of Sale and our Terms and Conditions. All orders are subject to acceptance by Us and We are entitled to refuse any order placed by you. We will provide written confirmation of your order to the email address that you submit when placing your order, but such confirmation will not constitute our acceptance of that order. We indicate Our acceptance of your offer when We have received full payment from you and send you an email confirmation, at which point a contract is formed. Once full payment has been received we will start to process your order and create your personalised CleverBooks book. Once we have started to make your CleverBooks book your order cannot be cancelled. We require payment for the CleverBooks book in full before such CleverBooks book is made and shipped. If we are unable to fulfil an order after accepting payment we may refund your money and cancel the contract. 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.
You undertake that all details you provide to Us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. If payment is not received in full, We will be under no obligation to deliver the Products.
Price and Payment Payment for all Products will be made via a third party provider payment service (PayPal). You will be required to submit your payment details to such third party 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. We may change the price of any Product before you place an order. Despite our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and our acceptance of your order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish. If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price. Prices include VAT and all other applicable taxes and/or import duties. Prices also include worldwide delivery costs by airmail, except in limited circumstances when we will contact you to let you know the charge.
Acceptance of Delivery 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.