Terms & Conditions

Terms & Conditions

HeyWow Terms and Conditions

Definitions

Use of the website

Our rights

Orders and Specifications

Description of Products

Delivery and Acceptance

Risk and Property

Ordering, cancelling and returning products

Disclaimers and limitation of liability

Indemnity

General Terms

Compliance with Laws

Entire Agreement

HeyWow Terms and Conditions

HeyWow Ltd create personalised books using a child’s name and photograph. Each HeyWow book is made to order for every unique child’s name and photo. This Site is owned and operated by HeyWow Limited (trading as HeyWow Ltd) (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at hello@heywow.co These Terms and Conditions govern the contents and use of the website www.heywow.co (the “Site) and set out the terms and conditions on which we supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering the Product you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser. These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.

Definitions

“Buyer” means the person named on the Order; “Contract” means the Order and Order Confirmation; “Faulty” means containing a fault or defect; imperfect or defective; “Order” means your order for a Product from the Site; “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; “Terms and Conditions” means the standard terms and conditions of business set out in this document.

Use of the website

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Our rights

We reserve the right to: •modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or •change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Orders and Specifications

To place an Order you will need to follow the order procedure set out on the Site. Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Site. 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 the obligation to assign 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 contact Us and 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. Please remember our books are all specially made for each individual customer and as such take time to create. 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 Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor/screen 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.

Description of Products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Delivery and Acceptance

The place for the delivery of your Products 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 manufacture your Product within the time period stated for each item. 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 these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain 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 signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed 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 only attempt re-delivery up to 2 times and then the delivery will be returned back 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 agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.

Ordering, cancelling and returning products

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy which is incorporated into these Conditions.

Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
•You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
•We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance
•For items being delivered to you when your product is shipped from our printhouse we will send you a despatch confirmation email.
•Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order

Non-acceptance of an order may be a result of one of the following:
•The product you ordered being unavailable from stock
•Our inability to obtain authorisation for your payment
•The identification of a pricing or product description error
•Your not meeting the eligibility to order criteria set out in the main Terms & Conditions
The contract will be concluded in English. If you require any information regarding orders you have placed with HeyWow Ltd, please write to us at: Customer Services,HeyWow Ltd, Lyndhee, Ganavan Road, Oban, PA34 5TU

Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online:
•Your right to return products does not apply to goods made to your specification or that have been clearly personalised
•If you wish to exercise your right of cancellation, you are obliged to do so within 1 hour of placing your order and before work begins on your book.
•To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
•You can cancel by email: hello@heywow.co
Please see our Returns section on our website for a summary of our Refund policy.
This does not affect your statutory rights

Disclaimers and limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: •any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or •any loss of goodwill or reputation; or •any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

General Terms

Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website 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.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
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.

Compliance with Laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Entire Agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what HeyWow and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
Contact For any queries regarding our service, please contact us via email: hello@heywow.co
phone or post via the Contact Us page
Our company details are: HeyWow Ltd Registered office: Office 1, 4 George Street, Oban, PA34 5RX Registered in Scotland. Company registration number: SC510205 VAT no:GB 234884287