These Terms and Conditions (“Terms”) govern your use of www.emberlybooks.com (the “Website”) and the purchase of our products. Please read them carefully before placing an order. By placing an order, you confirm that you accept these Terms.
1. About Us
The Website and our products are provided by:
Emberly Books Limited (“Emberly Books”, “we”, “us”, “our”)
Company registration number: 17160334
Registered address: 124-128 City Road, London, England, EC1V 2NX
Contact: [email protected]
These Terms are written in English, and the contract between us will be concluded in English.
2. Who Can Order
To place an order you must be at least 18 years old and able to enter into a legally binding contract. Our products are bought by adults for children; you may provide a child's details and photo only if you are the child's parent or legal guardian, or otherwise have the authority and permission to do so (see Section 6).
3. Our Products
3.1. We sell personalised children's books in which a child becomes the hero of their own story.
3.2. To personalise a book, you upload a photo of the child and provide details such as the child's name, age, gender, and hair and eye colour. We use artificial intelligence to generate an original illustrated character inspired by the photo, in the style of the chosen book. You may also add a personal dedication message.
3.3. Because the character is created by AI in an illustrative style, it is an artistic interpretation and will not be an exact likeness of the child. Reasonable stylistic variation is part of the product and is not a defect.
3.4. We try to display our products as accurately as possible, but minor differences in colour and appearance may occur for technical reasons (for example, different screen settings). These do not constitute a defect provided they do not materially affect the book.
3.5. We may update product descriptions, change our range, or limit order quantities at our discretion.
4. Your Account
You may need to create an account to place an order. You are responsible for keeping your account details and password secure and for all activity under your account. Please contact us promptly if you believe your account has been accessed without your permission.
5. How a Contract Is Formed
5.1. The display of products on the Website is an invitation to order, not a binding offer.
5.2. When you click “place order” (or equivalent) and complete payment, you make a binding offer to buy the products in your basket.
5.3. We will send you an email acknowledging your order. This acknowledgement confirms we have received your order but does not by itself mean we have accepted it.
5.4. A contract between us is formed only when we accept your order, which we do when we send you a dispatch confirmation or begin production of your personalised book, whichever is earlier.
5.5. We do not file a copy of the contract text, but you can save or print your order details before completing your purchase.
6. Personalised Content You Provide
6.1. When you upload a photo and provide details about the child, you confirm that:
- you are the child's parent or legal guardian, or you otherwise have the authority and permission to provide the photo and details for this purpose;
- you own or have the necessary rights to the photo you upload; and
- the content you provide is lawful and does not infringe anyone else's rights.
6.2. You grant us a limited licence to use the photo and details you provide solely to create, produce and deliver your personalised product. How we handle the photo (including that we delete it after your character is generated and do not store it) is explained in our Privacy Policy.
6.3. You must not upload any content that is unlawful, offensive, harmful to minors, infringes intellectual property or other rights, or that you do not have the right to use. We may refuse or cancel any order, and remove any content, that breaches this Section.
7. Prices and Payment
7.1. Prices are shown on the Website in the currency displayed at checkout and include applicable taxes where indicated. Shipping costs, where they apply, are shown separately before you complete your order.
7.2. The price that applies is the price displayed at the time you place your order.
7.3. We accept the payment methods shown at checkout, which currently include Stripe, PayPal and Klarna. Payment is taken in accordance with the method and timing shown during checkout. We do not collect or store your full payment card details; these are handled directly by our payment providers.
7.4. We take care to price products correctly, but errors may occur. If we discover an obvious pricing error after you order, we will contact you before processing your order and you may confirm at the corrected price or cancel.
8. Delivery and Shipping
8.1. We deliver to the address you provide at checkout. Please make sure it is correct, as we are not responsible for delays or non-delivery caused by an incorrect address.
8.2. Estimated delivery times are shown during checkout and in your order confirmation. Because each book is personalised, your order is produced and dispatched after personalisation is complete.
8.3. Our books are produced and shipped through our print and fulfilment partner. Delivery times may vary depending on your location.
8.4. For consumers, responsibility for the goods passes to you when you (or someone you have nominated) take physical possession of them.
8.5. If the goods become unavailable for reasons beyond our control, we may cancel the order, tell you promptly, and refund any payment you have made.
9. Cancellation and Your Right to Withdraw
9.1. Personalised products are exempt from the standard right to cancel. Under UK and EU consumer law, the usual 14-day right to change your mind and cancel a distance purchase does not apply to goods that are made to your specification or clearly personalised. Because our books are individually personalised with your child's photo, name and details, you will not have a right to cancel once production has begun. You will be clearly informed of, and asked to acknowledge, this before completing your order.
9.2. If you need to correct a mistake or cancel, please contact us at [email protected] as soon as possible. Where production has not yet started, we will do our best to amend or cancel your order, but we cannot guarantee this.
9.3. This Section does not affect your legal rights if a product is faulty, damaged, or not as described (see Section 10).
10. Faulty, Damaged or Incorrect Products
10.1. We want you to be happy with your book. If your book arrives faulty, damaged, misprinted, or not what you ordered, please contact us at [email protected] within a reasonable time, with your order details and a photo of the issue where possible.
10.2. We will replace any faulty or misprinted book free of charge. Where a replacement is not possible, you may be entitled to a refund.
10.3. Nothing in these Terms affects your statutory rights as a consumer, including your rights that goods must be as described, of satisfactory quality, and fit for purpose.
11. Intellectual Property
11.1. All content on the Website and in our products — including text, images, illustrations, illustration styles, designs, templates and logos — is owned by or licensed to Emberly Books and is protected by intellectual property laws.
11.2. When you buy a book, you may use it for your own personal, non-commercial purposes. You may not reproduce, resell, or commercially exploit our content without our written permission.
11.3. You retain ownership of the photo you upload. You grant us only the limited licence described in Section 6 to fulfil your order.
12. Acceptable Use
You may use the Website and our services only for lawful purposes. In particular, you must not:
- use the Website for any unlawful or fraudulent purpose;
- upload content you do not own or have the right to use;
- upload offensive, unlawful, or harmful content, or content that is harmful to minors;
- provide false information;
- attempt to circumvent any security measures; or
- use automated means to extract or “scrape” our content.
We may suspend or terminate access, and take legal action, in the event of a breach.
13. Our Liability
13.1. We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under applicable law.
13.2. Subject to Section 13.1, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for loss or damage that is not foreseeable.
13.3. Our products are supplied for domestic and private use. We are not liable for any business losses (such as loss of profit, business, or business opportunity).
14. Events Outside Our Control
We are not liable for any failure or delay in performing our obligations that is caused by events outside our reasonable control. If such an event occurs, we will contact you and take reasonable steps to minimise the delay. If the delay is substantial, you may contact us to cancel and receive a refund for any products you have paid for but not received.
15. Privacy and Data Protection
We process your personal data in accordance with applicable data protection laws and our Privacy Policy, which explains what data we collect, how we use it, and your rights. Please read it alongside these Terms.
16. Changes to These Terms
We may update these Terms from time to time. The version that applies to your order is the version in force at the time you place it. The current version is always available on the Website.
17. Governing Law and Jurisdiction
17.1. These Terms are governed by the laws of England and Wales.
17.2. If you are a consumer resident in the EU/EEA or elsewhere, you also benefit from any mandatory consumer protection rules of your country of residence, and nothing in these Terms affects those rights.
17.3. You may bring legal proceedings in the courts of England and Wales. If you are a consumer resident in another country, you may also be able to bring proceedings in the courts of your country of residence, where local law allows.
18. Complaints and Dispute Resolution
If you have a complaint, please contact us first at [email protected] and we will try to resolve it. If you are a consumer in the EU/EEA and we cannot resolve your complaint directly, you can find a relevant alternative dispute resolution body for your country through your national European Consumer Centre.
19. General
19.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
19.2. These Terms set out the entire agreement between you and us regarding your purchase.
20. Contact Us
Emberly Books Limited
124-128 City Road, London, England, EC1V 2NX
Email: [email protected]