Terms and Conditions

"Diary of Your Life" is a trading name of Acrobatic Ltd, a company registered in England and Wales under registration number 5466845. Our contact details are: Diary of Your Life 170 Goldhurst Terrace, London NW6 3HN E: info@diaryofyourlife.com W: www.diaryofyourlife.com By placing an order with us ("Diary of Your Life") you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then please contact us before placing an order.

1. DEFINITIONS

1.1. "Client" shall be understood to mean any individual who places an order for any Diary of Your Life product;

1.2. "Product" shall be understood to be the (one) diary of someone's life created by the Client using the Diary of Your Life website. In this definition is also included any customisation of the standard product (e.g. cover colour or text), which is required by the Client through the Diary of Your Life website.

1.3. "Contributor" shall be understood to mean any individual invited by the Client to contribute text and/or images to be included in a life-diary;

1.4. "Contributions" shall be understood to mean any text or images submitted by the Contributor to the Client via the Diary of Your Life webste for inclusion in a life-diary.

2. THE CONTRACT BETWEEN US

2.1. We must receive payment for the full value of the order before it can be accepted and processed.

2.2. When you place an order to purchase a life-diary from Diary of Your Life, we will send you an "Order Confirmation" e-mail. The "Order Confirmation" email confirms our acceptance of your order.

2.3. A legally binding contract between us will only come into existence at the time we send the "Order Confirmation" e-mail to you.

3. PRICE

3.1. The price of all Diary of Your Life products are as set out in our website. These prices include delivery by Royal Mail Special Delivery to addresses within the European Union. If you require delivery to an address outside the EU, extra charges will apply.

4. CANCELLATION

4.1. Cancellation by us. We reserve the right to cancel the contract between us if:

4.1.1. We have insufficient stock to deliver the goods you have ordered;

4.1.2. We do not deliver to your area;

4.1.3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error in the pricing information.

4.2. Where a contract is cancelled by us, you will receive a full refund of any sum paid to us, which relate to this contract.

5. CANCELLATION BY YOU

5.1.1. You can cancel your contract with us at any time before submitting your order for printing and delivery. Any cancellation before this point will entitle you to a refund of the full amount paid for the order, minus a £50 fee.

5.1.2. You cannot cancel your contract with us after you submitted your order for printing and delivery.

6. TEXT AND IMAGES SUBMITTED BY CONTRIBUTORS AND CLIENTS

6.1. We take no responsibility for the text and images submitted by the Contributors or by the Client.

6.2. Should we become aware that any of the content submitted by the Client or Contributors is in breach of current legislation, we reserve the right to notify the relevant authorities.

6.3. A proof of the content of the finished life-diary will be available to you on the website for review before your diary goes to print. Once a proof is approved for printing by the Client, no changes of any kind may be made.

6.4. All content will be deleted 60 days following the issue of the login instructions, no copies of content, text or images are kept by us. Once content is loaded into the diary there is no way we can return it to you other than in the finished printed diary, which must be paid for.

7. DELIVERY

7.1. We will deliver your life-diary to the address you give us for delivery at the time you place your order.

7.2. Delivery will be made as soon as possible after your proof has been authorised for printing but in any event within five weeks from the date of your authorisation.

7.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.

8. LIMITATION OF LIABILITY AND DISCLAIMER

8.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address (see clause 14 – Further Information) of the problem within ten working days of the delivery of the goods in question.

8.2. If you do not receive the life-diary ordered by you within five weeks of the date on which you approved the proof for printing, we shall have no liability to you unless you notify us in writing at our contact address (see clause 13 – Further Information) of the problem within 60 days of the date on which you approved the proof for printing.

8.3. If you notify a problem to us under this condition, our only obligation will be, at your option:

8.3.1. To re-print and/or re-deliver the product;

8.3.2. To refund the amount paid by you in full.

8.4. To the fullest extent permitted by law and save as provided above in paragraph 7.3, Diary of Your Life shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Diary of Your Life or any of our members, agents, directors, employees or otherwise) for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of our website, the supply of the goods or their use or resale by you.

8.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our website. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

8.6. While Diary of Your Life uses reasonable endeavours to ensure that the information on our website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and Diary of Your Life will not be responsible for any errors or omissions or for the results arising from the use of such information.

8.7. While Diary of Your Life takes all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of our website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

8.8. Diary of Your Life will not be responsible nor liable for your use of any other websites which you may access via links within our website. Diary of Your Life does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of our website and their inclusion in our website does not constitute an endorsement by or affiliation with Diary of Your Life. You are expected to ensure that your hardware and software are capable of effectively accessing our website via your Internet Service Provider. You are also advised to use appropriate anti-virus software before and during access to our website.

8.9. The entire liability of Diary of Your Life under or in connection with any contract for any goods to which these Terms and Conditions apply shall not exceed the value of your order, except if expressly provided in these Terms and Conditions.

8.10. Diary of Your Life shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods ordered by you if the delay or failure was due to any cause beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

8.11. Diary of Your Life may assign or transfer any of our rights or sub contract any of our obligations under these Terms and Conditions to any third party.

8.12. No person who is not a party to these Terms and Conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms and Conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

8.13. Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or that of our members agents directors or employees or for any fraudulent misrepresentation.

9. COPYRIGHT

9.1. The copyright in the Product is and shall remain our property. By sending us a digital photograph or a photograph to be scanned in by us you are warranting to us that you own the copyright in that photograph. You are also authorising us to manipulate and use that image in order to produce the personalised book ordered by you.

10. INVALIDITY

10.1. If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms and Conditions will not be affected.

11. PRIVACY

11.1. You acknowledge and agree to be bound by the terms of our privacy policy.

12. LEGAL JURISDICTION AND DISPUTE RESOLUTION

12.1. English law shall apply to these Terms and Conditions, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance of the contract shall be England.

12.2. We make no warranty or guarantee that our website or information available over it complies with laws other than those of England.

13. GENERAL

13.1. Any formal legal notices should be sent to us at the address in clause 14 below by email and confirmed by post.

13.2. Failure to enforce a right does not result in waiver of such right.

13.3. You may print and keep a copy of these Terms and Conditions. They are the legal agreement between us and can only be modified with our consent. We reserve the right to amend the Terms and Conditions at any time by posting a variation on our website.

14. FURTHER INFORMATION

14.1. Further information on the Terms and Conditions or any queries on them can be obtained from: Diary of Your Life, 170 Goldhurst Terrace, London, NW6 3HN or by email: info@diaryofyourlife.com