TERMS & CONDITIONS
In the following terms and conditions the “Agreement” covers all use of the website Thebirthly.com mentioned as the “Site” and the service provided on or at the Site, mentioned as “Service”.
The brand “The Birthly” together with this site its services and products is owned by Lithuanian limited liability company Eligma UAB. What Eligma UAB does is to provide a service that enables “Customers” to create and print customized Baby Posters which are the “Products”.
The Site and Service is subject to you, the “User”, acceptance of all the terms and conditions mentioned below. And also all other policies, operation rules and procedures that Eligma UAB and the Site may publish from time to time on this Site. By using the Site you agree to this Agreement. If you do not agree to these terms and conditions then do not use the Site.
1.1 The Customer ensures Eligma UAB that it is legally permitted to use the Service provided on the Site and by that, takes full responsibility for the use of the Service. The customer ensures Eligma UAB that if the Customer is an individual and not a company, the Customer is not younger than 18 years of age. This Agreement is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
2.1 The User is responsible for reviewing and become familiar with possible modifications of the Agreement made by Eligma UAB. The Company Eligma UAB reserves the right to modify this Agreement, charges, fees and terms at any time in any situation. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Responsibility of Site customers and visitors
3.1 Violation of any articles of this Agreement or other rules will prohibit Users to use of the Site.
3.2 Without limiting other remedies Eligma UAB may limit, suspend or terminate our Service, prohibit access to our Site, delay or remove hosted Content and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
4. Payment and fees
4.1 When you as a User order a Product from the Site you will be charged with the current fees. The User has to be aware of the fact that the fees may differ from time to time. This depends on what Eligma UAB decides and can for example be depending on a special discount during holidays etc. We may also choose to temporarily change the fees of our products.
4.2 When placing an order on the Site you are confirming that you are legally entitled to use the means of payment tendered and that you are either the cardholder or have the cardholder’s permission to utilize the card to effect payment.
4.3 Eligma UAB can, if needed, refuse to process a transaction for any reason or refuse Service to anyone at any time at our own discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
4.4 Unless otherwise stated all fees and payment are quoted in Euro (€). The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Products. After receiving your order you will receive an e-mail from the Site confirming the details, description and price for the Products ordered.
4.5 Payment of the total price must be made in full before dispatch of your Products.
5. Sales tax & Custom
5.1 If the Customer is located outside of the European Union the Customer is responsible for paying sales tax (as applicable within each jurisdiction). Eligma UAB will not be held responsible for any such sale tax. If the customer is located within the European Union sales tax is included within that price of the Product.
5.2 Customers outside of the European Union may be subjected to pay custom duties (as applicable within each jurisdiction). Eligma UAB will not be held responsible for any such duties.
6. Shipping, returns and right of withdrawal
6.1 Once you have clicked on the ”complete purchase” button it is not possible to edit or cancel your order. If you want to change something then please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Eligma UAB investigation and discretion.
6.2 Eligma UAB will review replacement of Products or refund requests within 14 days of placed order. If a Product is missing, damaged or subject to print error, Eligma UAB will replace the erroneous Product with a new Product. To issue a refund process based on the aforementioned reasons please reach out to [email protected] Refund requests will be processed within five (5) working days. Eligma UAB is not responsible for situations when the Customer has provided incorrect information, such as wrong Customer name or address. In such cases an extra payment need to be applied.
6.3 Because of the individualization of the Product there is no right of withdrawal for the Product after a placed order.
7. Description of products and the product design
7.1 Eligma UAB always try to represent each design of our products as accurately as possible. The background color for each poster or/and the quality of your photo may differ from what you see on computer or mobile screen. Eligma UAB takes no responsibility for this since this depends on what screen you are using and what is your display resolution. Eligma UAB therefore cannot guarantee that colors and details in website images are 100% accurate representations of the Product. But if you are not satisfied with the result then please reach out to us at [email protected] and we will examine every situation case-by-case.
7.2 Eligma UAB always aim to continuously develop the Products so that we can keep providing you with what we consider the best design combined with best performance. Eligma UAB reserve the right to amend the specifications and features of Products, their design, their price, packaging and any related items coming together with a product without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
8. Purchase of Products
8.1 Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract.
8.2 Eligma UAB shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure.
8.3 Orders are placed and received exclusively via the Site. Before ordering from us it is the Customer’s responsibility to check and determine the ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
8.4 All information asked on the checkout page must be filled in precisely and accurately. Eligma UAB will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. If you need to change this kind of information then please contact us as soon as possible and we will see what we can do – but we cannot promise that a change is possible.
9.1 Eligma UAB deliver to Customers in most places in the world. The Customer is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention.
9.2 Eligma UAB cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay for Products that are delivered after the estimated delivery date. Standard delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case we will do our best to contact you and advise you of all changes.
The ownership of the Product will only pass to the Customer when we receive full payment of all sums, including delivery charges.
10.1 You release Eligma UAB and everyone included in the team from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes. You agree that Eligma UAB has no control over and does not guarantee the delivery of the advertised collaborations and that Eligma UAB shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
11. Personal data and cookies
12.1 You will indemnify and hold Eligma UAB and anyone included in the team harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
13. Law and Jurisdiction
13.1 If a dispute arises between you and Eligma UAB we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures such as mediation or arbitration, as alternatives to litigation.
13.2 Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Lithuania.
13.3 Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Lithuania.
14.1 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
14.2 You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
14.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.