Last updated: September 27, 2019
Terms – Hand in Paw Books LLC
These Terms are valid from September 27, 2019 and can be changed without prior announcement. Every customer and visitor is obliged to know the Terms. The website www.handinpawbooks.com is operated by the company Hand in Paw Books LLC, 453 Windmill Way, Branchburg, NJ 08876 (hereinafter “Seller”). The Seller is registered with Taxpayer Identification Number 84-2180427. You can reach the seller by e-mail at firstname.lastname@example.org.
For the purposes of these Terms, the terms
- “Buyer” means the person named on the order;
- “Contract” means the order and the order confirmation;
- “Faulty” means afflicted with an error or defect; imperfect or defective;
- “Order” means your order for a product from the website;
- “Seller” is the company Hand in Paw Books LLC, 453 Windmill Way, Branchburg, NJ 08876, that operates all content and materials on the website www.handinpawbooks.com.
Access to and use of the Sites
The Sites may not be used for any improper or unlawful purpose, or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we give you for the purpose of using the Sites.
By placing your order, you acknowledge that we may review your order and its content for compliance with these Terms, and may refuse to process an order in the event of a breach of these Terms and our policies.
Property rights and rights of use
All intellectual property rights (i.e. registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyrights, database rights, photo rights and the rights to computer programs and all computer code) on and of the Sites and all content and materials that are on the website (“Website Content”) are and remain the property of the Seller or its licensors. The content of the Sites may be used for your personal, non-commercial purposes only and may not be reproduced, modified, copied, altered, distributed, redesigned, republished, exhibited, transmitted, or sold in any form whatsoever, in whole or in part, and you may not remove any copyright notices or other proprietary designations that are part of the Sites content.
All information contained on the Sites including descriptions of books, age recommendations, photos and previews of personalized books may differ from the original. The Seller reserves the right to make minor changes in product descriptions without having to inform customers and visitors.
Every customer and visitor to our site agrees that he is not entitled to any refund in exchange for ideas, especially because of the possibility that we are already developing such ideas ourselves. If you send us unsolicited materials, you understand and agree that the following terms shall apply, notwithstanding any cover letter or other terms that accompany them:
• Hand in Paw Books has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
• Hand in Paw Books will own, and may use and redistribute, unsolicited materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
Orders and specifications
All products can be purchased if they are available and your order has been accepted by us. We reserve the right to refuse orders without giving reasons. Your order is valid only after the receipt of a confirmation of the order without reservation.
Before submitting the order, the customer has the opportunity to review the information, selections, and images submitted and is required to accept the personalized information before proceeding.
The order confirmation contains details of your order and the price. It is your responsibility to notify us of any errors or errors in the order as soon as possible. Otherwise, you may receive a faulty order. The Seller will do everything to ensure that your order is delivered on time, but bears no responsibility if the order is not delivered on time.
You acknowledge and agree that the colors supplied will exactly match those displayed on your monitor or mobile phone due to different display settings. We reserve the right to change a product on the Sites or stop the sale of a product without informing you.
Place an order
To place an order, you must follow the order procedure specified on the Sites. Details of the price to be paid for each product, as well as the payment process, are listed on the Sites.
By placing an order through the Sites, you are making an offer to purchase the product and indicating that you accept these Terms of Sale and our Terms. All orders are only binding upon our acceptance; we are entitled to reject any order you place. We will send a written acknowledgment of receipt to the e-mail address you enter when placing your order, but this confirmation does not constitute acceptance of the order on our part. We will accept your offer once we have received full payment from you. We will then send you a confirmation by e-mail; at this time, the contract is concluded. Once full payment is received, we will start processing your order and create your personalized book. Once we start creating your book, the cancellation of your order is not possible. We require full payment of the book before this book is produced and shipped. If we are unable to place an order after accepting the payment, we will refund your money and cancel the contract.
We may modify or discontinue our products or services at any time without notice to you, and it cannot be ruled out that products will become unavailable without prior notice. We accept no liability of any kind if a product or service is not available.
You affirm that all the information you provide to us for the purpose of purchasing products through the Sites is correct, that the credit or debit card or electronic funds you use are yours, and that sufficient cash or lending funds are available to cover the cost of the respective products. If the payment is not received in full, we are under no obligation to supply the products.
Pricing and payments
The prices valid on the day the order is received by the Seller apply. All prices are in U.S. dollars and include the statutory value added tax. Any shipping costs will be shown separately and be clearly stated. All prices and discounts will be clearly visible on the invoice, which all customers receive electronically. Therefore, it is very important that the customer provides a valid e-mail address.
After completing the order, an invoice will automatically be sent by e-mail regardless of the payment method. Payment options include: credit card (MasterCard, Visa, American Express, Discover) and PayPal. Credit card and PayPal transfers are processed / executed via WooComerce. The customer is debited immediately after the completion of the order.
All products are paid for via an external payment service provider. You will be asked to provide your payment information to this external payment service provider and you may also be required to accept additional Terms regarding the use of each service. We cannot assume any liability arising out of or in connection with your use of any such external payment service provider and, to the extent permitted by law, hereby exclude such liability.
Unless otherwise agreed, all payments are due immediately upon invoicing. The bank account or the credit card account of the customer is debited immediately after the completion of the order.
You warrant that all information provided to us for the purposes of your order and its delivery is accurate, that you have the power to dispose of the chosen method of payment, and that you have sufficient funds or credit at your disposal to fully pay for the order.
We are not responsible or liable for any errors of our provider.
Although we make every effort to ensure that the Sites content is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to change prices or fees at any time without prior notice and may refuse or cancel delivery associated with any misrepresentation of the price or fees.
The book is printed through Barnes and Noble and is sold through this site. Costs of the book include printing, handling, creative fees, taxes and shipping. The book is printed by Barnes and Noble Nook Press Print Books. Your total cost is inclusive of 1) printing cost and handling fee incurred by Barnes and Noble Nook Press Print Books 2) fees incurred by Hand in Paw Books for creative development to integrate your personalized imagery and content into book artwork, create and submit press-ready files and oversee production 3) taxes and 4) shipping.
Quoted prices are exclusive of all sales taxes imposed by any governmental authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such taxes. Sales taxes are based on where the product is sent, and as such may vary. The invoice will be issued with the shipping costs for the shipping service you have selected.
The production timeline consists of the following steps: Order submission and payment, creative development, print production and delivery. The creative development process takes 1-3 days. Print production takes 4-6 days. Total production time is 5-9 days plus shipping.
The book you order through this site will be delivered to the address specified in your order from Barnes and Noble Nook Press Print Books. The usual delivery method is, unless otherwise expressly agreed, a shipment of the products with the delivery service UPS.
Expected time of delivery:
- UPS Standard Delivery Shipping (4-6 business days): $5.50
- UPS Express Delivery Shipping (3-4 business days): $13.80
- UPS Expedited Delivery Shipping (2-3 business days): $20.50
Certain factors (such as large quantity of items in your order, high volume of orders being processed at the printing facility, errors identified during the printing process, etc.) may extend the time it takes for you to receive your order. The shipping method you choose in addition to the printing time will determine the total time in which you can expect a book to arrive.
We endeavor to process your order and manufacture the ordered product within the specified period. However, the production times may vary, and it should be noted that the delivery times given are not binding. Please note that deliveries to Alaska and Hawaii may take longer than the delivery times stated above. B&N Press Print does not deliver to PO Box addresses, APO or FPO. According to these Terms, the adherence to the delivery time is not a contractual obligation. We therefore assume no liability for damages or expenses that you have suffered due to delays in the delivery of your order.
We reserve the right to deliver your order in multiple parts. If the order is delivered in several parts, each delivery establishes a separate contractual relationship. You therefore have no additional costs.
You must be able to receive a delivery so that the package can be delivered. If this is not possible, we are not obliged to refund you the purchase price nor are you entitled to claim the purchase price.
Cancellations and returns
Books printed on demand are manufactured when an order is received and therefore, we cannot cancel your order or accept a product return. You must inspect the product for defects immediately upon delivery. If you receive a product that has been damaged, we may replace your product with a new copy in our sole discretion. We may require that you provide photographic evidence of any such damage.
Because our product requires you to provide imagery and content, we do not accept any responsibility for the quality of the imagery and content you submit to us. We cannot accept any product returns for such reasons, which may include but are not limited to misspelled words, grammatical errors, factual errors or poor quality images.
An order can only be revoked in the following cases:
(a) if we do not deliver the ordered goods within 30 days of the end of the day following your order or
(b) in the delivery of defective products. The revocation must be made in writing as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the product immediately after delivery, but in no case later than 24 hours after receipt of the product.
If an order is revoked in accordance with (a) or (b) above, we shall be responsible for all sums paid (including shipping costs for the original delivery and any replacement) with respect to the order in question. The revocation must be communicated by e-mail to email@example.com.
As a precaution, it is specified that the Terms, except in the case of defects or errors of the product do not grant any right of revocation for products which by definition have been made and customized according to your wishes after 24 hours of their being placed.
The products must be returned to us in their original packaging. As a precaution, keep the original packaging. Your statutory rights remain unaffected by this provision.
Third-party sites, softwares and services
Materials submitted by customer
Any materials submitted by you, including, without limitation, photographs, images, text, (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.
- Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which the User Submitted Materials are used are not proprietary to you, and the rights to such template or layout will remain with us.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- You agree to indemnify and hold us, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or Terms with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
- We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
- Hand in Paw Books reserves the right to use creative discretion to manipulate images for best representation within the artwork. That includes conversion of image to transparent object, cropping, scaling, moving, rotating, flipping, etc.
- It is the Buyer’s responsibility to provide appropriate imagery in high resolution for print production. Images will be printed at the level of quality they are uploaded.
- Seller can refuse any User Submitted Materials that violate these Terms.
Although we make every effort to ensure that information on Site is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content or the products, pricing or fees described herein at any time without notice. Website Content may be out of date and we assume no obligation to update that content. We will use the necessary expertise and care in providing for the Sites. Certain Website Content may come from third parties. We point out that we do not assume any warranty or responsibility for the accuracy, completeness, timeliness or reliability of such Website Content.
Unless otherwise provided in these Terms, these Sites and the Website Content displayed on them are therefore in their present condition and without any express or implied (by customary, custom, legal provisions, etc.) representations or warranties of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranties as to the suitability of the Sites or the Website Content for any purpose).
We make no representation that the Sites or the Website Content or any functions of the Sites will be available uninterrupted or error-free, that errors will be corrected or that the Sites or the server that provides access to it will be free of viruses or other harmful content. We neither guarantee nor warrant that the Sites or Website Content will meet your needs. We also make no warranty or representation with respect to the use or results of the use of any Website Content in terms of its completeness, accuracy, timeliness, reliability or other characteristics.
We cannot be held responsible for the security of or any disruption to the Sites of any kind. The same conditions apply to the loss or corruption of materials posted through the Sites, as well as the loss or falsification of materials or data downloaded from the Sites to a computer system.
We warrant that all products purchased through this Site are of satisfactory quality and suitable for the purposes for which products of this type are ordinarily supplied.
To the extent permitted by law, we disclaim all other express or implied terms, representations and warranties (as may be implied by common law, custom, law, etc.).
We are not liable for any damage or loss that you incur when ordering a product as a result of a breach of this contract by us. You expressly agree that you are using these Sites and Website Content at your own risk.
Subject to the above provisions, you agree that we cannot be held liable in the following cases:
(a) in case of immediate losses, claims or damages; (b) for indirect losses, claims or damages, as well as for punitive, special, incidental or consequential damages of any kind which are not directly related to the incident which was the cause of the claim; or (c) in the event of loss of profit, loss of savings or the falsification of data (direct or indirect), regardless of whether or not they arise out of contract liability, tortious liability (including negligence), strict liability or directly or indirectly (i) from any use of these Sites or Website Content, (ii) from any of these Terms, (iii) from any of the products, (iv) in the event of a failure or delay in the use of any part of the Sites, the Website Content or services, including but not limited to the unavailability of the Sites, Website Content or services, regardless of the duration of the period of unavailability, (v) from any use of or reliance on Website Content or other information, materials, software, products, services or related graphics obtained through the Sites ; in all of these cases, the disclaimer applies even if we have been warned about the possibility of such loss or damage.
We shall not be liable for any loss, damage or expense (including lost profit) arising directly or indirectly from the default of fulfillment of the principal obligations under these Terms if based on events or circumstances that arise beyond our control; these include, in particular, strikes, labor disputes, power failures, breakdowns, state action and force majeure.
According to local laws, liability may not be excluded or limited. In this case, the above limitations or exclusions of liability do not apply to you.
Due to the inherent risks of using the Internet, you acknowledge and agree that the company cannot be held responsible for any damage or virus attack on your computer equipment or other property that has occurred while using the Sites.
Because of the risks inherent on the Internet, we cannot be held responsible for any damage to your computer equipment or other equipment, or for viruses that infest this equipment while using or navigating the Sites. Please note that you download or otherwise obtain Website Content from the Sites at your own risk.
You agree that you accept responsibility for any damage to your computer system or loss of data resulting from the downloading or purchasing of such website content.
You agree to indemnify us and our affiliates, intermediaries, contractors, partners, informants and licensors in respect of any claims, damages, liabilities, costs and expenses (including attorney’s fees) (whether they were predictable or preventable) incurred or suffered by any other party, as well as any claim or legal action arising out of or in connection with your use of the Sites, the Website Content or the services offered by the Sites, your behavior in connection with the Sites or the services offered or in connection with other users of the Sites, any purchases, transactions, actions or arrangements with a third party through the Sites or on the website of a third party or in relation to the violation of these Terms or any law or right of a third party arise or threaten to give, indemnify, defend and indemnify.
Choice of Law
Any disputes arising out of or related to these Terms and/or any use by you of the Sites or Hand in Paw Books services shall be governed by the laws of New Jersey, without regard to its choice of legal rules and without regard to conflicts of legal principles.
We may remove the Sites at any time at our sole discretion and for any reason, or discontinue the provision of any services available through the Sites.
We may terminate your access to the Sites for any reason, at our sole discretion, with or without notice to you at any time.
The right to deny services
The seller reserves the right that, in exceptional cases, products will not be delivered. As an exception, technical restrictions apply to the personalization of a product or customer payment risk level, which is based on the decision of the seller. The seller has the right to cancel the order if he cannot receive a confirmation of the purchase by the customer by phone or e-mail. The seller is obliged to inform the customer about the non-delivery via e-mail or telephone. If the customer has not provided any correct personal information, the seller is under no obligation to inform him. The seller shall not be liable for any loss, damage or expense resulting from any failure or delay in the performance of its obligations which were caused by an event or circumstance beyond its control.