Terms and Conditions

1. INTRODUCTION

Welcome to Everbook Inc. (“Everbook,” “we,” “us,” “our”). We appreciate your interest in our personalized books and hope to fulfill your order promptly and satisfactorily. Everbook is a made-to-order service that personalizes books based on details you provide (e.g., a child’s name). This website (the “Site”) is owned and operated by Everbook Inc. Should you have any questions or concerns about the Site or these Terms and Conditions, please contact us at support@everbook.com.

These Terms and Conditions (“Terms”) govern the content and use of the Site, as well as the terms on which we supply our products (“Products”) to you. By using the Site and/or ordering any Product, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please refrain from using the Site.

We may update these Terms periodically. If you continue to use the Site after any changes become effective, you are deemed to have accepted those changes. You can print a copy of these Terms by using your browser’s print function.

2. DEFINITIONS

• “Buyer” means the person named on the Order.
• “Contract” means the Order and the corresponding Order Confirmation.
• “Faulty” means containing a defect or imperfection.
• “Order” means your request for a Product from the Site.
• “Price” means the cost of the Product, along with any shipping, handling, and applicable taxes or duties in force at the time of the Order (subject to any discounts or promotions).
• “Terms and Conditions” or “Terms” refers to this document, which outlines our contractual obligations with you.

3. ACCESSING AND USING THE SITE

1. Lawful Use
   You agree to use the Site in accordance with all applicable laws and regulations. You must not use the Site for any unlawful purpose or in a manner that violates any third-party rights or our policies.
2. Instructions
   You agree to comply with any reasonable instructions we provide regarding the use of the Site.
3. Order Review
   When you place an Order, you acknowledge that we may review it for compliance with these Terms and our guidelines. We reserve the right to refuse any Order that, in our discretion, violates these Terms or our guidelines.

4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including copyrights, trademarks, service marks, domain names, design rights, and database rights) in or related to the Site and its content (“Site Content”) belong to us or our licensors. You may use the Site Content for personal, non-commercial purposes only. You may not reproduce, modify, copy, distribute, frame, publish, display, transmit, or sell any part of the Site Content without our prior written permission. You also may not remove any proprietary notices contained in the Site Content.

5. ORDERS AND SPECIFICATIONS

1. Placing an Order
   • You must follow the Site’s instructions for placing an Order.
   • The Site will display the Price, as well as the steps required to complete payment.
2. Product Availability
   • All Products are subject to availability.
   • We reserve the right to reject any Order for any reason, without liability.
3. Order Confirmation
   • No Order is binding until we have sent you an unconditional Order Confirmation.
   • The Order Confirmation will include details of your Order, the total Price, and an estimated delivery timeframe.
4. Accuracy of Details
   It is your responsibility to review and correct any errors in your Order as soon as possible. We are not liable if inaccurate details lead to an incorrect Order being shipped.
5. Product Colors & Variations
   We strive to display and describe Product colors accurately but cannot guarantee that the color you see on your device matches the actual Product.
6. Product Changes
   We may update, discontinue, or revise our Products at any time. We will not be liable if a Product becomes unavailable.

6. PRICING & PAYMENT

1. Price Changes
   We may change Product prices before you place an Order, but any such changes will be reflected at checkout before payment.
2. Pricing Errors
   • Despite our best efforts, occasional pricing errors may occur. If the correct price is lower than what is displayed, we will charge the lower amount. If the correct price is higher, we may either contact you for instructions or cancel your Order and notify you of the cancellation.
3. Taxes and Duties
   • Prices may or may not include taxes or duties, depending on your shipping address.
   • Additional import duties, taxes, and customs fees are your responsibility if you order from outside Canada. We recommend you consult your local customs office for more information.
4. Payment
   • You must pay in full at the time of placing your Order.
   • By providing payment details, you confirm you own the payment method used and that sufficient funds are available.
   • We are not liable for any actions or errors by third-party payment providers.

7. DELIVERY & ACCEPTANCE

1. Delivery Address & Method
   • The delivery address for your Order is as specified during checkout.
   • We typically use standard shipping unless otherwise agreed.
2. Multiple Products
   
   • We may ship Products in separate installments. Each installment is considered a separate contract for delivery purposes.
3. Delivery Times
   
   • Estimated manufacturing and delivery times are posted on the Site but are not guaranteed. We are not responsible for any losses or expenses incurred due to shipping delays.
4. Inspection
   
   • Upon receiving your Products, you should inspect them for defects or damage before signing for them.
   • If you see any sign of damage to the packaging, sign as “damaged” and notify us immediately.
5. Missed Delivery
   
   • If you are not available to accept delivery, the carrier may attempt re-delivery or return the package to us at your cost.
   • We are not obligated to refund you if you fail to accept delivery.
6. Risk & Title
   
   • Risk of loss or damage passes to you upon delivery to the specified address.
   • Ownership (“title”) of the Products passes to you once we have received full payment of all sums due.

8. RETURNS, REFUNDS, AND CANCELLATIONS

1. Cancellation Rights
   You may cancel an Order in the following cases only:
   • a. If we fail to deliver within 40 days of your Order date; or
   • b. If the Product is Faulty (must notify us as soon as possible, no later than 14 days after receipt).
2. Faulty or Incorrect Items
   
   • If an item is confirmed Faulty, we will reimburse you for the full amount, including initial and re-delivery charges, if applicable.
   • Notice of cancellation must be sent to support@everbook.com.
3. Customized Products
   
   • Except for Faulty or defective Products, we do not accept returns or cancellations for custom-made or personalized Products.
4. Original Packaging
   
   • Any returned Product must be in its original packaging.
5. Statutory Rights
   
   • Nothing in these Terms affects your statutory rights under applicable consumer protection laws.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

1. Site Content
   
   • Although we aim for accuracy, the Site Content may sometimes be incorrect, outdated, or incomplete. We may update or alter the Site Content at any time, without notice.
2. Third-Party Content
   
   • Some Site Content may come from third parties; we do not guarantee or accept responsibility for its accuracy or reliability.
3. “As Is” Basis
   
   • Except as expressly stated, the Site and its Content are provided “as is,” without warranties of any kind, either express or implied.
4. Security & Accessibility
   
   • We do not warrant that the Site or any of its functions will be uninterrupted, error-free, or secure, or that the Site or server are free of viruses or harmful components.
5. Product Quality
   
   • We warrant that any Product purchased from the Site will be of satisfactory quality and fit for the purpose generally expected of similar products. Any additional warranties (express or implied) are disclaimed to the maximum extent permitted by law.
6. Limited Liability
   
   • Our total liability for any claims arising from a breach of these Terms or relating to a Product is limited to the purchase price of the Product in question (excluding taxes and shipping).
   • Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
7. Indirect/Consequential Damages
   
   • We are not liable for indirect, incidental, special, or consequential damages, including lost profits or data loss, arising from or in connection with your use of the Site, even if we were advised of the possibility of such damages.
8. Force Majeure
   
   • We are not liable for any loss or damage resulting from events beyond our reasonable control, such as strikes, supply chain disruptions, or natural disasters.

10. INDEMNITY

You agree to indemnify, defend, and hold harmless Everbook and its affiliates, and each of our respective officers, directors, employees, agents, and licensors, from any and all claims, damages, losses, liabilities, and costs (including legal fees) arising out of or in connection with:

• Your use or misuse of the Site or Site Content,
• Your violation of these Terms,
• Your violation of any law or third-party rights.

11. TERMINATION

We reserve the right, at our sole discretion, to remove or discontinue the Site or any services available through it at any time, without notice or liability. We may also terminate your access to the Site or any part of it for any reason, with or without notice.

12. DATA PROTECTION & PRIVACY

We collect, process, and use your personal information in accordance with our Privacy Policy. By using the Site and agreeing to these Terms, you also agree to our Privacy Policy.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in the Province of Ontario, Canada.

If you have any questions or concerns about these Terms or any aspect of our service, please reach out to us at support@everbook.com. By continuing to use our Site and purchase our Products, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.