Personalized children's books | The Elephants Trunk | Terms and conditions

Introduction and definitions
1. This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods to you. You may print a copy for future reference.
2. 1. 'Business Day' means a day other than a Saturday, Sunday or public holiday when banks in Dublin are open for business.
  2. 'Event Outside Our Control' has the meaning given in clause 14.
  3. 'Goods' means the goods listed on our website ('the Website') which we may supply.
3. Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 12.
4. By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
About us
1. We, The Elephants Trunk Ltd, own and operate this Website. We are a limited company registered in Ireland under company number: 665089.
2. Our email address is info@theelephantstrunk.com
Overseas orders
1. We accept orders from individuals located outside the Republic of Ireland and the United Kingdom of Great Britain and ship overseas, shipping costs are developed when the delivery address is entered into the checkout of the website.
2. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
3. If we agree to supply any goods ordered from the Website for delivery outside the Republic of Ireland or the United Kingdom of Great Britain, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
Eligibility to purchase from the Website
To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over.
Price of Goods
1. The prices of the Goods are quoted on the order page.
2. Prices and any other charges quoted on the order page are based on delivery of the Goods to the selected destination country.
3. Prices quoted in the basket will include the costs of delivery of the Goods.
4. Unless otherwise stated, the prices quoted include VAT.
Payment for Goods
1. Payment can be made by PayPal, credit or debit cards.
2. By placing an order, you consent to payment being charged to your debit or credit card account as provided on the order form.
3. If you pay us by credit or debit card we will take payment from your card for the Goods instantly due to the personalised nature of the products you have purchased on the order process required for Printing.
4. We shall contact you should any problems occur with the authorisation of your card.
Order process and formation of a contract
1. Our Website merely illustrates our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.
2. All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
3. If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
4. Any order placed by you for the Goods constitutes an offer to purchase them from us.
5. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.
6. A 'Confirmation Notice' means an email which we send to you to confirm that your order has been accepted into our manufacturing process. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
7. A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
8. If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
9. We may make
  1. minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,
  2. changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
  3. changes to these Conditions as a result of changes in how we accept payment from you,
  4. changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
10. If we make any changes in accordance with clause 7 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.
11. Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7 shall only be binding when agreed in writing and signed by you and us.
Delivery
1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address.
2. Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside Our Control, in which case clause 14 shall apply.
3. Collection of the Goods from our premises,
  1. Collection of the Goods from our premises is not possible due to the goods being manufactured remotely.
4. We have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.
5. You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
6. If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact the relevant delivery company to make arrangements for us to deliver the Goods.
7. We may end the contract with you and charge you for any extra storage costs we have incurred if
  1. we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
8. For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods ordered prior to 8th December however, we cannot guarantee delivery by 24 December.
Risk and title
1. The Goods will be at your risk from the time of delivery.
2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
Cancelling your Contract and returns
1. Cancelling before Confirmation Notice
  1. You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
  2. You may notify us of your decision to cancel your order prior to us sending you a Confirmation Notice by sending a statement saying that you wish to cancel quoting your name, address, and your order reference number by:
    1. Email at info@theelephantstrunk.com
2. Cancelling after Confirmation Notice
  1. The 'Cancellation Period' means the period between the date you order and when we send you a Confirmation of order Notice
  2. Subject to clause 10 B i, you may cancel the Contract at any time during the Cancellation Period by notifying us of your decision to cancel.
  3. You may notify us of your decision to cancel your Contract by sending a statement saying that you wish to cancel quoting your name, address, and your order reference number by:
    1. Email at info@theelephantstrunk.com
3. Return of Goods
  1. Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.
  2. You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We may offer to collect the Goods from you and charge you for the cost of collecting the Goods. If we offer to collect the Goods, we will contact you to ascertain whether you agree to us collecting the Goods, whether you agree to pay the costs of collection if we are charging you for collection, and if so, to make arrangements for collection. If you agree to pay the costs of collection, we may deduct this from any sum we owe you.
  3. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
4. Refunds on cancellation
  1. So long as you are entitled to cancel and have complied with your obligations under clauses 10, we will refund you the balance of the price you paid to us after deducting:
    1. any reduction in the value of the Goods in accordance with clause 10; and
    2. any cost to us of collecting the Goods (if applicable).
  2. If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods, unless we have agreed to collect the Goods from you, we will refund you the sum in clause 10 within 14 days after the earlier of:
    1. the day on which we receive the Goods back from you, or
    2. the day on which you supply evidence to us that you have sent the Goods back to us.
  3. If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods and we have agreed to collect the Goods from you, we will refund you the sum in clause 10 within 14 days of our receipt of your cancellation notice.
  4. We will refund you the sum in clause 10 using the same method of payment used by you unless you agree to a refund by a different method of payment.
5. Exception to the right to cancel
  You will not have a right to cancel in the following situations:
  1. The Contract is for goods which are bespoke or have been personalised and are in manufacture. Goods in manufacture, due to their personalisation are not sellable to another party.
  2. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
Complaints
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us by email at info@theelephantstrunk.com

Liability and indemnity
1. We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that
2. the Goods are as described in the contract
3. the Goods correspond to any samples we have sent you
4. the Goods are fit for any purpose you specifically told us they were required for, and are not faulty
5. We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Information if you need to.
6. We cannot exclude or limit our responsibility to you for:
  1. Death or personal injury resulting from our negligence or the negligence of our employees
  2. Fraud or fraudulent misrepresentation
  3. A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
7. We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
8. You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
9. We will not be responsible for any delay in delivering the Goods if
  1. we have asked you to provide specified information that is necessary for delivering the Goods and
  2. you have failed to provide complete and accurate information, or you have provided such information later than the date we have asked you to supply it by.
10. We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
Events outside our control
1. Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
2. We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
3. We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
4. Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
5. You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
Use of personal data
1. We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our The Elephants Trunk Ltd Privacy Policy, which can be found at www.theelephantstrunk.com
2. In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our The Elephants Trunk Ltd Privacy Policy, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information we'll endeavour to provide the information required by the GDPR.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right to enforce any term of the Contract, but this does not affect any right or remedy of a third party that exists or is available to them.
Alternative Dispute Resolution
1. In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or we may also refer such a dispute to the Online Dispute Resolution platform, the link for which is http://ec.europa.eu/consumers/odr/.
2. The business email address to be used to notify us in the case of a dispute is info@theelephantstrunk.com
Other important terms
1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
2. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
3. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
4. All Contracts are concluded in English only.
5. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
6. A waiver by us of any default shall not constitute a waiver of any subsequent default.
Governing law
These Conditions and the Contract are governed by the laws of Ireland. However, if you live outside Ireland but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
Governing jurisdiction
You can bring legal proceedings in respect of the Goods in the courts of Ireland. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your home country or Ireland.

Cancellation Form

Date:

To: The Elephants Trunk Ltd

info@theelephantstrunk.com

Email address: info@theelephantstrunk.com

I/We[*] hereby give you notice that I/We[*] cancel my/our[*] contract for:

Order number:

Ordered on:

Received on:

Name(s) of consumer(s):

Address(es) of consumer(s):

Signature of consumer(s):

[*] Delete as appropriate

Note; please review section 10 ‘Refunds on cancellation’ of this document and Section 10 E ‘Exception to the right to cancel’ prior to submitting this Cancellation Form.

The Elephants Trunk Limited Terms and conditions