Terms and Conditions
These Terms and Conditions govern the contents and use of the website www.name-story.com (the “Site) and set out the terms and conditions on which1 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.
“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, 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.
Accessing and using the Site
You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Upon placing your order, you acknowledge that we may review your order, and the Content it contains, for adherence to our guidelines and compliance with these Terms and Conditions and that We may refuse to process an order where we believe that the Content is in breach of these Terms and Conditions and our guidelines.
You may not use any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Concept Infinity reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Concept Infinity server, or to any of the products offered on or through the Site, by any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Namestory including anyNamestory account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Namestory systems or networks, or any systems or networks connected to the Site or to Namestory
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Namestory on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Concept Infinity, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Property rights and rights of use
All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.
Orders and Specifications
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.
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 or mobile telephone.
Payment and Currencies
Payment must be made by our Payment gateway provider at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force.
You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.
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.
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.
You must inspect your Product upon delivery and, in the case where your Order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that You have received your Order free from any apparent defect or damage. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment. If the Products are alleged to be defective or damaged on delivery, You must give a description of the alleged damage or defect in writing at the time of delivery and signed by You or on Your behalf.
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.
If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.
Purchases; Other Terms and Conditions
Namestory obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Namestory may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Namestory makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Namestory ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Namestory immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Namestory or any other user of or visitor to the Site due to someone else using your Namestory ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else Namestory ID, password or account at any time without the express permission and consent of the holder of that Namestory ID, password or account. Namestory cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to Namestory Site
This Site may contain links to other independent third-party Web sites. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Namestory control, and Namestory is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
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.
Returns, refunds and rights of cancellation
You shall have the right to cancel an Order only in the following circumstances:
(a)If We have failed to deliver the Order within 40 days after the date You placed the Order;
(b) In the case of Faulty Products at the earliest opportunity after You have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product).
If an Order is cancelled under the conditions in a or b above, We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question.
Notice of wish to cancel must be made by email to [email protected]
For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Products, which, by their nature, have been made to Your specification or clearly personalised.
You must return any Product to Us in its original packaging (which You should retain for this purpose).
Nothing in this clause affects your statutory rights.
Disclaimers and limitation of liability
While we endeavour to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.
Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).
We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Namestory reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk
Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside Our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
Data Protection and Privacy
This agreement shall be made under the laws of HK and subject to the jurisdiction of the courts of HK.
Making an order
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.
Any times or dates stated for delivery are estimates only. 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.
By placing an order via the Site, you indicate an offer to buy the Product and acceptance of these Conditions of Sale and our Terms and Conditions. All orders are subject to acceptance by Us and We are entitled to refuse any order placed by you. We will provide written confirmation of your order to the email address that you submit when placing your order, but such confirmation will not constitute our acceptance of that order. We indicate Our acceptance of your offer when We have received full payment from you and send you an email confirmation, at which point a contract is formed. Once full payment has been received we will start to process your order and create your personalised Namestory book. Once we have started to make your Namestory book your order cannot be cancelled. We require payment for the Namestory book in full before such Namestory book is made and shipped. If we are unable to fulfil an order after accepting payment we may refund your money and cancel the contract.
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.
You undertake that all details you provide to Us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. If payment is not received in full, We will be under no obligation to deliver the Products.
Price and Payment
Payment for all Products will be made via a third party provider payment service. You will be required to submit your payment details to such third party provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
We may change the price of any Product before you place an order.
Despite our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and our acceptance of your order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.
If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price.
Prices include VAT and all other applicable taxes and/or import duties. Prices also include worldwide delivery costs by airmail, except in limited circumstances when we will contact you to let you know the charge.
Acceptance of Delivery
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.
Namestory may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Namestory rights or property, or the rights or property of visitors to or users of the Site, including Namestory customers. Namestory reserves the right at all times to disclose any information that Namestory deems necessary to comply with any applicable law, regulation, legal process or governmental request. Namestory also may disclose your information when Namestory determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice. Copyright ©2011-2017 Concept Infinity Limited. All rights reserved.
Updated by Concept Infinity Limited Legal Team on Jan 2, 2017