Terms & Conditions
These are the terms and conditions that apply when you or your child use this Website and when you place an order for our books or other products so please take a little time to read them.
Each play experience your child completes will generate a highly personalised book that can be viewed online or purchased as a high quality printed version. These are the terms and conditions that apply when you or your child use this Website and when you place an order for our books or other products so please take a little time to read them.
www.ookshq.com (the “Website”) and www.ooksworld.com (the “Website”) are owned and operated by Zulleon Limited and we can be contacted at firstname.lastname@example.org. By using the Website and/or ordering any books or other products on it, you will be taken to have read, understood and agreed to be bound by these terms and conditions.These terms and conditions take priority over any other terms or conditions implied by trade, custom, practice or course of dealing unless we specifically agreed otherwise with you in writing. Please note that we may modify these terms and conditions from time to time so please check from time to time that you are still happy with them. If not, you should stop using the Website and its facilities.
“Contract” means the Order and Order Confirmation;“Order” means your order for a Product from this Website;“Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the Buyer is responsible under the Pricing and Payment section of these terms and conditions), subject to any promotional offer or discount then applicable; and“Product” means any item the subject of an Order.
Accessing and using the Website
You may not use the Website in any improper or unlawful manner or in any manner that constitutes a breach of the law in Ireland or in the country where you reside. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of this Website.Upon placing your Order, you acknowledge that we may review it and we reserve the right to refuse to process it if we believe that the content of the Order 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 trademarks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to this Website and all content and materials it contains are owned by Zulleon Limited (or our licensors, if applicable). You may not reproduce, modify, copy, alter, distribute, republish, display, transmit or sell in any form of by any means in whole or in part any of the content on this Website. You may not remove any copyright or other proprietary notices contained in this Website.
Orders and Specifications
To place an Order you will need to follow the order procedure set out on the Website. There you will find the Price payable in respect of any Product and can follow the procedures for payment. 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 having to attribute 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 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 endeavour to display and describe as accurately as possible the printed colours on the Products which appear on this Website, but we cannot undertake to give any assurance that the colours 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
We may change the price of any Product before you place an Order.Despite our best efforts, some of the Products listed on this Website may be incorrectly priced or the Price may increase between your Order and its acceptance. 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 this Website, 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.
For orders shipped within the EU, prices are inclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your Order and the prevailing rates in force in the relevant tax jurisdiction where you live.Orders with a delivery address outside the EU 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. These additional costs and charges are outside of our control so if you fear they could make the total Price unattractive, 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 our acceptance of your Order. 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 sufficient funds or credit facilities are available to cover the full cost of the Order.
Delivery and Acceptance
The place for the delivery of the Products you buy will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be 1st class postage.
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 deliver your Product within the time period stated in the Order Confirmation. 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 the Contract and we will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your Order.When you receive the Product/s you must inspect them for any defects or non-conformity before accepting delivery. If you accept delivery, you are accepting that the goods are in an acceptable condition. Any packages not signed for but accepted are considered to have been accepted 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 not attempt re-delivery more than twice. After that, the delivery will be returned 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.
Risk and Property
Risk or damage or loss of your Order will pass to you upon delivery to the address you have provided in your Order. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass to you until we have received full payment of the Price and all other sums which are due, owing or payable by you in respect of the Order or any other Order between 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; or
(b) In the case of Products that are faulty in a manner that could not have been readily detected by inspection at the point of delivery, at the earliest opportunity after you have discovered that the fault or defect and in no case longer than 10 days after receiving the Product.
If an Order is cancelled under the conditions in (a) or (b) above (in either case by email to email@example.com), we shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.
The reason your right to cancel the Order or return the Product is that it is of a highly personalised nature and of limited if any value to any other customer.
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 this Website (whether generated by ourselves or others) is correct and error-free, we do not warrant its accuracy and completeness. We may make changes to the content, or to any Products, Prices or fees described in it, at any time without notice. The 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 you with the facility of this Website.
Except as expressly provided in these terms and conditions, the Website and its content 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 Website or content or that your use of the Website or content will not infringe the rights of any third party).
We do not warrant that the Website, any content or any function of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website 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 Website and content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Website content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Website or for any disruption of the Website 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.
We warrant to you that any Product purchased from us via this Website 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).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net Price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these terms and conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that use of and browsing of the Website and the use of Website 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 Website or the Website content; (ii) these terms and conditions (iii) the Products (iv) any failure or delay in the use of any component of the Website, the Website content or any service including, without limitation, any unavailability of the Website, the Website content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Website content or any other information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) 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, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to 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 Website. The downloading or other acquisition of any Website content through the Website 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 content.
You agree to indemnify, keep indemnified, defend and hold us and each of our 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 Website, the Website content or the services provided through the Website, your conduct in connection with the Website or services provided or with other users of the Website, any purchases, transactions, dealings or arrangements with any third party via the Website or on a third party site, or any violation of these terms and conditions or of any law or the rights of any third party.
We may remove the Website or cease the provision of any of the services available through the Website at any time in our sole discretion for any reason whatsoever.We may terminate your access to the Website for any reason in our sole discretion at any time with or without notice.
The OOKS suite of apps offer various "in-app" purchase options which will unlock a full game or additional content. Payments will be processed through the Google Play or iOS app store from which you originally downloaded the application. You may access the applicable "in-app" purchase rules and policies directly from the app store.
Data Protection and Privacy
This agreement shall be made under the laws of Ireland and subject to the jurisdiction of the courts of Ireland.