Terms and Conditions
1. General Terms & Conditions
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the terms and conditions on each occasion you use the Site. Your continued use of the Site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order acceptance.
1.3 You may not purchase any item from this site for the purpose of resale by you or any other person.
1.4 To order Products through our Site, you will need to register on the Site and subsequent orders of Products will be subject to an approved login name and password (“Password Details”). Information that you provide on this Site must be accurate and complete. All Passwords Details are exclusive to you, are non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or you become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2.Ordering Terms & Conditions
2.1 Please see the website for information on how to place an order. All orders that you place on the Site will be subject to acceptance in accordance with these terms and conditions.
2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the Products you have ordered. Please note that this email is an order acceptance from CHILD’S OWN after which we will be unable to cancel the order.
2.3 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms acceptance of the order. The contract between us (“Contract”) will only be formed when we send you the Order Acceptance email.
2.4 The Contract will relate only to those Products for which we have accepted in the Order Acceptance email. We will not be obliged to supply any other Products which may have been part of your order unless these Products are clearly listed on an Order Acceptance from us.
2.5 If we are unable to supply you with a Product, for example because we believe that we are unable or unwilling to manufacture it, we will inform you of this by email and we will not process your order. You should note that we do not accept drawings of an adult graphic nature nor do we reproduce licensed characters. In this situation, if you have already paid for the Products, we will refund you the full amount as soon as possible.
2.6 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
2.7 Price and Payment
2.7.1 We accept the following cards: Visa, MasterCard and American Express. We also accept PayPal.
2.7.2 We will be take payment from your credit card or your PayPal account at time of ordering. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Products.
2.7.3 The price you pay is the price displayed on this Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Order Acceptance, if the pricing error is obvious and unmistakable.
2.7.4 All prices shown on the order acceptance will show the price of the Products and also the delivery charge (see the website for Delivery Information for further details including Express delivery charges).
2.7.5 Prices are liable to change at any time but, subject to clause 3.2, changes will not affect orders in respect of which we have already sent you an order acceptance.
2.7.6 These Products normally can be imported as toys into most countries in the world free of GST / VAT or importation charges. However our delivery charges do not include such importation charges and you will be responsible for these if they are imposed.
3.Delivery Terms & Conditions
4.Returns Terms & Conditions
4.1 Non-receipt of Product: if you do not receive Products ordered by you within 10 days of the date on which they were dispatched to you, please contact us at firstname.lastname@example.org.
4.2 Return of goods: due to the unique nature of the product we cannot accept cancellation or return of the product after the order has been accepted.
4.3 Incorrect/Faulty/Defective Goods: we take great care in the dispatch and packaging of our items. In the unlikely event that it it arrives in disrepair, be faulty or deemed not to have been produced in line with the agreed brief or specifications or if you have received an incorrect Product please contact us at email@example.com. If you notify us that you have received an incorrect or faulty Product, we will ask you to return the Product to us at our expense and once, acting reasonably, we have examined the Product and confirmed it is an incorrect or faulty Product, we will (at your option) replace the Product or provide you with a refund.
5.Intellectual Property Terms & Conditions
5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
5.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Site. You further acknowledge that any other use of the material and content of this Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.Liability Terms & Conditions
6.1 Subject to Clause 6.3 below, we will use reasonable endeavours to verify the accuracy of any information on the Site but we make no representation or warranty regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site is free of viruses or bugs and CHILD’S OWN accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site.
6.2 This clause sets out our entire financial liability to you in respect of:
- any breach of contract;
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with our Contract.
6.3 Nothing in this agreement shall limit or exclude our liability for
- death or personal injury resulting from negligence; or
- fraud or fraudulent misrepresentation; or
- any other liability which may not be lawfully excluded.
6.4 Without prejudice to clause 6.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
- loss of income or revenue;
- loss of profits or contracts;
- loss of opportunity
- loss of goodwill;
- loss of business;
- loss of anticipated savings; or
- indirect or consequential loss of any kind; However arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.5 Subject to clause 6.3 and 6.4 CHILD’S OWN’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) you purchased.
6.6 Product warranty and liability
6.6.1 After manufacture is complete we will send you a photograph of the Product and ask for your confirmation that it meets the design intnet of the original artwork. The Product will be shipped after receipt of your acceptance based on the photograph.
6.6.2 We warrant that all Products on delivery shall be of satisfactory quality and be reasonably fit for any purpose for which they are commonly supplied and that all Services shall be carried out with reasonable skill and care.
6.6.3 If we become liable to you for a breach of any of the conditions and warranties implied in these Terms and Conditions of Sale for the supply of the Product, our liability (if any) to indemnify you, at our option, to:
- the replacement of the Product or the supply of equivalent products;
- the repair of the Product;
- the payment of the costs of replacing the Product or of acquiring the equivalent products; or
- the payment of the cost of having the Product repaired.
6.7 This clause 6 does not affect your statutory rights as a consumer.
7.Miscellaneous Provisions Terms & Conditions
7.1 The Contract between us shall be governed by Hong Kong law. You and we both agree that the courts of Hong Kong Special Administrative Region will have exclusive jurisdiction over any dispute between us.
7.2 We have selected our materials and fabrics to create the Products on the basis that they will be used for domestic use only. If you are planning to use the Products for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
7.3 CHILD’S OWN shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
7.4 To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
7.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless agreed upon beforehand in writing by CHILD’S OWN. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
7.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
7.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Ordinance (Cap.623).to them.
7.8 No delay or failure by CHILD’S OWN to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of CHILD’S OWN.
7.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and CHILD’S OWN relating to the use of the Site (including the order of Products) and sets forth the entire agreement and understanding between you and CHILD’S OWN for your use of the Site.
7.10 When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7.11 All notices given by you to us must be sent to CHILD’S OWN Limited at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause
7.10 above. Notice will be deemed received and properly served immediately