Terms & Conditions
This page (together with the documents referred to in it) sets out the terms and conditions (the “Terms”) on which The Land of Me Limited (“we”and/or “us”and/or “our” and/or “The Land of Me”) supplies any of its Products listed on www.thelandofme.com (the “Website”) to its customer (“you”/“yours”).
Please read these Terms carefully before ordering any goods advertised and available for Order (defined in clause 3.5) on the Website which may or may not be books featuring characters designed and owned by The Land of Me (“Products”) or any proprietary software, data, artistic works which are offered on the Website for download onto your personal devices (“Downloads”) from the Website. By placing an Order to purchase any of the Products, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to proceed with your Order of the Products or Downloads. You are advised to print and retain a copy of these terms and conditions for your future reference.
1. Information about us and the Website
1.1. www.thelandofme.com (“Website”) is owned and managed by The Land of Me Limited trading as www.thelandofme.com.
1.2. The Land of Me shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.3. The Land of Me reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products, Downloads or features of the Website therefore without notice.
1.4. The Land of Me may be contacted at 1 Rivington Place, London EC2A 3BA or by email at email@example.com
2. Preliminary Information
2.1. By placing an order with The Land of Me for the purchase of the Products or Downloads, you warrant that:
2.1.1. you are legally capable of entering into any binding contracts;
2.1.2. you are at least 18 years old or above; and
2.1.3. if you are making an order from outside the United Kingdom that your order is compliant with local laws.
3.1. In order to purchase the Products or Downloads, you shall be required to create a customer profile on the Website (“Customer Profile”) with The Land of Me by completing the online registration form made available to you using the Website.
3.2. By completing the online registration form to create a Customer Profile, you consent to The Land of Me conducting verification and security procedures in respect of the information provided in such online registration form.
3.3. You hereby warrant that the information provided to The Land of Me is true, accurate and correct. You further warrant that you shall promptly notify The Land of Me in the event of any changes to such information.
3.4. Upon the completion and submission of the online registration form by you to The Land of Me, The Land of Me shall send you a confirmation email to your email address provided in the online registration form. The Land of Me may also provide you with details of your Customer Profile login and password. You shall keep the login and password confidential and secure. The Land of Me reserves the right to promptly disable your Customer Profile and suspend your access to the Website or your ability to place an order for the Products using the Website if The Land of Me has reason to believe that you have breached any of the provisions set out herein.
3.5. Your order (“Order”) with The Land of Me for the Products or Downloads using the Website providing you have paid the Charges in accordance with Clause 6 and you have complied with all the provisions in these Terms.
4. Formation of Contract
4.1. Subject to the provisions herein and in consideration for the payment of the Charges in accordance with clause 6 hereunder, your contract with The Land of Me for the purchase of the Products shall commence on the date of the email sent by The Land of Me to you confirming your Order (“Order Confirmation Email”).
4.2. In the event that your order from The Land of Me is for the purchase of Downloads only, subject to the provisions herein and provided you have paid the Charges in accordance with clause 6 hereunder, your contract with The Land of Me for the purchase of the Downloads shall commence on the date that you initiate the download of the purchased Downloads.
4.3. Each contract between The Land of Me and you relates only to those Products which have been confirmed in the Order Confirmation Email. The Land of Me shall not be obliged to supply any other Products which have not been set out in the Order Confirmation Email.
4.4. Notwithstanding the provision of clause 4.1 and the Order Confirmation Email, all Orders are subject to stock availability and acceptance by The Land of Me. In the event there is a lack of available stocks in respect of the Order or as set out in the Order Confirmation Email, The Land of Me reserves the rights to contact you to inform you of the same and to:
4.4.1. offer you an alternative to the Product set out in the Order or in the Order Confirmation Email which is similar in quality and value as the Product ordered; or
4.4.2. revoke the Order Confirmation Email and provide you with a full refund.
4.5. You acknowledge and agree that The Land of Me rely on third party service providers to make the Website (including without limitation, the functionalities therein) available to you. In addition, you acknowledge that the public electronic communications network is not controlled by The Land of Me and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner or operator thereof. Such circumstances may result in the Website or any part thereof being made temporarily unavailable. The Land of Me shall take reasonable action within its control to minimise any disruption caused by such circumstances but some such interruptions may not be avoidable.
4.6. The Land of Me shall not be liable to you if the Website (wholly or partly) and the availability of stocks in respect of the Products are unavailable due to conditions or circumstances that are beyond Made in Me’s control, including without limitation, third party service providers, third party suppliers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionalities of personal operating systems and the number of other users.
5. License to use Download
5.1. The content of the Downloads, including, without limitation, software graphics, text, images, audio, videos, designs and the trade marks, logos any and all copyright material and all other materials related to the Downloads including without limitation, the “look and feel” of the Downloads (collectively “Content”) are protected by applicable copyrights, trade mark rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of The Land of Me, its parent, subsidiaries, affiliates, or its licensors.
5.2. Subject to your compliance with the terms of these Terms, The Land of Me hereby grants to you a limited, non-exclusive, personal, non-transferable, non-assignable, revocable license for the term of these Terms:
5.2.1. to download, install and use the Download for your non-commercial and personal use;
5.2.2. subject to your adherence to 5.2.1 you may use the Download on one or more computers or devices.
6. Restrictions on License
6.1.The above described license is given provided that you:
6.1.1. retain and do not alter or tamper with any trade mark, copyright and other proprietory or legal notices contained in the original Download or any permitted copy you may make of the Download,
6.1.2. do not insert any code, product or material to manipulate the Downloads in any way that affects any user’s experience,
6.1.3. do not copy or seek to copy or “rip” any audiovisual content from the Downloads,
7. Prices and Payments
7.1. Unless otherwise expressly set out to the contrary or in cases of obvious error, the prices (“Prices”) of all Products and Downloads shall be as set out on the Website and shall be correct at the time of you placing the Order for the purchase of the Products or Downloads.
7.2. You acknowledge and agree that the Prices may be subject to change and variation from time to time subject always that any changes in the Prices shall not be applicable to you once you have submitted your Order with The Land of Me.
7.3. The Land of Me shall use its reasonable endeavours to ensure that the Prices for the Products and Downloads on the Website are accurate and correct at all times. Where there is a discrepancy between the actual Price and the advertised Price, The Land of Me shall inform you of the actual Price of the Product or Download. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or to cancel your Order with The Land of Me.
7.4. You may pay for your Order using the method of payment as specified on the Website. The Land of Me reserves the right not to process your Order if The Land of Me has not received payment of the Price and any other additional charges, including without limitation, any applicable taxes and delivery charges.
7.5. Unless otherwise expressly set out to the contrary, all Prices quoted on the Website shall be inclusive of applicable value added taxes and exclusive of delivery charges which shall be set out separately in your Order and the Order Confirmation Email.
7.6. In the event delivery of the Product is to an address outside the United Kingdom, The Land of Me shall not be responsible for any costs and /or taxes which may be due.
8.1. The Land of Me aims to deliver your Order to you, subject to the provisions set out herein, in accordance with the estimated delivery time for the type of delivery which you have opted for in your Order. Products delivered as a digital download will be made available to do so as soon as payment is received.
8.2. You shall become the owner of the Products when they are delivered to you, provided always that The Land of Me have received payment of the Price and all other related charges in full. Once the Products have been delivered to you, they will be your responsibility and, except in relation to the Products that are damaged, defective or that which falls under clause 10, we shall not be liable for any damage, loss or destruction of such Products after they have been delivered to you.
8.3. All applicable delivery charges in accordance with the type of delivery as opted by you in your Order shall be added to your Order prior to your submission on the checkout webpage of the Website and shall be set out separately in the Order Confirmation Email.
9. Cancellation Rights and Returns
9.1. Subject to clauses 9.2. and 9.3, you reserve the right to cancel the contract at any time within seven (7) days (“Cooling Off Period”), beginning on the day after you have received your Order. In this case, you will receive a full refund of the monies paid to The Land of Me for the Products no later than thirty (30) days from the date of receipt by The Land of Me of your notification to cancel in accordance with the provisions of this clause 9.
9.2. You agree and acknowledge that upon the payment of the Charges for the Download, the Download shall be accessible by you. Consequently you agree that the Cooling Off Period set out in clause 9.1 does not apply to Downloads.
9.3. To cancel a contract, you must inform The Land of Me in writing at the address (which is available to you on the Website) at any time within the Cooling Off Period.
9.4. If you cancel the Order in accordance with this clause 9,
9.4.1. prior to receipt of the Product, The Land of Me shall refund you the Price you have paid for your Order within thirty (30) days of your notification to cancel in accordance with this clause 8; or
9.4.2. upon receipt of the Product, The Land of Me shall, subject to such cancellation falling within the Cooling Off Period, advise you in respect of your return of the Product and refund you the Price you have paid for your Order. You shall upon such advice, promptly at your own cost and risk, return the Product to the designated address advised to you by The Land of Me.
9.5. Notwithstanding clause 9.4 the parties agree that due to the nature of the Download any Orders in respect thereof may not be cancelled once you have completed the payment of the Charges for the Download.
9.6. You understand and agree that if you fail to comply with clause 9.3, The Land of Me shall be entitled to refuse your request to cancel during the Cooling Off Period or to refund you the monies paid to Made in Me for the cancelled Order.
10. Defective or Damaged Products and Downloads
10.1. In the event the Products or Downloads delivered to you are:
10.1.1. inherently defective; or
10.1.2. damaged in transit,
The Land of Me shall provide you with replacement of your Order, or if such Product or Download is unavailable, then an alternative which is of the same or similar quality and value. The Land of Me shall bear the delivery costs incurred by you in returning the defective or damaged Product or Download to us, subject always that you provide us with documentary evidence supporting such delivery costs.
10.2. Notwithstanding clause 10.1, you understand that the life of the Product is dependent on your use of the same and is therefore subject to wear and tear. The Land of Me shall not be liable to refund and/or compensate you where the Product is damaged by you through normal wear and tear.
11. Orders for Deliveries outside the United Kingdom
11.1. If you opt to access the Website and make purchases of the Products from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
11.2. You acknowledge and agree that due to the various systems of delivery services outside the United Kingdom, The Land of Me will only in some cases, be able to confirm that your Order has been delivered to the designated country of the address set out in the Order Confirmation Email. The Land of Me shall have no control whatsoever in respect of your local delivery services and therefore does not represent or warrant that your Order shall be delivered within a particular timescale, in the form which it was originally packaged and delivered by The Land of Me or at all.
11.3. The Land of Me does not represent or warrant that the Website or the Products, or Downloads made available for purchase on the Website is appropriate or lawful in locations outside the United Kingdom, or that the Products, Downloads and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law which you are currently situated.
11.4. If you order Products or Downloads for delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied upon the delivery of such Products or Downloads to the specified address. You shall be solely responsible for payment of any such import duties and taxes. The Land of Me has no control whatsoever in respect of such additional import duties, taxes and charges and The Land of Me cannot advise you what these may be. Consequently, The Land of Me recommends that you contact your local customs office for further information prior to placing any Order with The Land of Me.
11.5. For all deliveries to locations outside the United Kingdom, you shall be deemed the importer of the Products or Downloads and it shall be your sole responsibility to comply with all applicable local laws and regulations of the country to which the Products or Downloads are delivered. The Land of Me shall, in no way, be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Products and/or The Land of Me’s delivery of the Products to you.
12. Additional Obligations
12.1. You agree that you are solely responsible and liable for all activities on the Website carried out under your Customer Profile.
12.2. You shall promptly notify The Land of Me in the event that there is a breach of security or any unauthorised use of your Customer Profile.
12.3. By registering a Customer Profile and using the Website, you agree that you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal or inappropriate or in any way:
12.4. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
12.5. harass or advocate harassment of another person;
12.6. display pornographic or sexually explicit material;
12.7. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
12.8. promote any illegal activities;
12.9. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
12.10. promote or contain information that you know or believe to be inaccurate, false or misleading;
12.11. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of The Land of Me; or
12.12. infringe any rights of any third party.
12.13. You further agree that at all times, you shall not:
12.14. use a Customer Profile with the intent of impersonating another person;
12.15. allow any other person to use a Customer Profile that you have registered;
12.15.1. create multiple Customer Profiles; or
12.15.2. use the information presented on the Website for any commercial purposes.
12.16. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that The Land of Me may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to The Land of Me a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
12.17. You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
12.18. You hereby grant to The Land of Me a non-exclusive, irrevocable licence to make your User Submissions available to other users of the Website and to edit your User Submissions in the event that The Land of Me deems it necessary or desirable to do so for any reason.
12.19. If you feel that any User Submission made by other users is objectionable, you are encouraged to contact The Land of Me at the email address or contact details set out in clause 1 or as set out on the Website. The Land of Me shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
12.20. In the event that The Land of Me in its sole and absolute discretion, consider that you have breached any of the terms set out in this clause 12, The Land of Me shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you have logged in using your Customer Profile or otherwise); and in the case of illegal use, the instigation of legal proceedings as appropriate.
12.21. You may terminate your Customer Profile by ceasing all use of the Website. If you wish to have your Customer Profile removed from Made in Me’s database, you must give us reasonable notice to do so. Upon termination of your Customer Profile, you shall cease to have access to certain features and elements of functionalities of the Website granted to an individual with a Customer Profile.
13. Exclusion of Warranties and Limitation of Liability
13.1. To the maximum extent permitted by law and subject to the provisions herein, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Website, the Product, the delivery of your Order or any third party websites and the information provided therein.
13.2. We do not warrant, represent or promise in any way the availability of all Products advertised on the Website. We therefore reserve the right to offer you an alternative in place of the advertised Product by informing you thereof prior to confirming your Order with us and sending you the Order Confirmation Email.
13.3. All information made available to or accessible by you using the Website as a Registered User or a user of the Website including any editorial materials provided by us are provided “as is” without any conditions, warranties or terms of any kind and are intended as information only and does not constitute advice. Such information must therefore not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
13.4. Save for liability in respect of death and personal injury which are not limited, we accept no liability whatsoever for any, indirect or consequential losses:
13.4.1. loss of income or revenue
13.4.2. loss of business
13.4.3. loss of profits or contracts
13.4.4. loss of anticipated savings
13.4.5. loss of data; or
13.4.6. losses caused by emotional distress;
13.5. provided that this paragraph shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this paragraph or any other claims for direct financial loss that are not excluded by any of the categories inclusive of this paragraph.
13.6. Unless otherwise expressly set out to the contrary herein, our liability to you in connection with any Product purchased by you through the Website is strictly limited to the Price of that Product as set out in the Acceptance Confirmation.
14. Intellectual Property Rights
14.1. The Land of Me and its licensors own all rights in the intellectual property rights relating to the Website and the Products.
14.2. You are expressly prohibited from:
14.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, the User Submissions; and
14.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Land of Me or could be considered an infringement of any of the rights in the intellectual property rights owned and/or licensed to The Land of Me.
16.1. If The Land of Me fail at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
16.2. A waiver by The Land of Me of any default shall not constitute a waiver of any subsequent default.
16.3.No waiver by The Land of Me of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16.4. All notification and communication to The Land of Me should be sent to the contact details set out in clause 1 of these Terms or the Website.
16.5. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
16.6. These Terms and any document expressly referred to in them represent the entire agreement between you and The Land of Me in respect of your use of the Website and your use of the Products and Downloads, and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.7. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
16.8. These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
The Land of Me Ltd.
1 Rivington Place
London EC2A 3BA