Terms and Conditions
Information about us:
www.ohmyname.net is a website operated by NikNak Tradesources Private Limited,a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as "we" or "us" or "Oh! My Name") and having its registered office at E 93 First Floor, Greater Kailash 1, New Delhi, India. “Oh! My Name” is a business that sells personalized children's books and other products, made to order, based on name and other details entered by the customer.
Law and Jurisdiction:
Limited License and Site Access:
We will not be liable if, for any reason, our website or our service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us straight away to let us know. We can deactivate your account at any time.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
“Oh! My Name” grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site, or any portion of it. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of “Oh! My Name”. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of “Oh! My Name” without written consent. You may not use any other "hidden text" utilizing“Oh! My Name” name or trademarks without the express written consent of “Oh! My Name”. Any unauthorized use terminates the permission or limited license granted by “Oh! My Name”. You may not use any “Oh! My Name” logo or other proprietary graphic or trademark as part of the link without express written permission of “Oh! My Name”. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
When you place an order through “Oh! My Name”, a screen confirming your order will be displayed containing details of your Order. The contract between you and us will only be formed when you have been presented with the Confirmation Screen. You should also receive a confirmation email. Please ensure that you have given us the correct email address as this is how we will communicate with you about your Order. Should you make a mistake during the ordering process you must notify us within the next 24 hours.
You are responsible for ensuring that all details which you provide to us for the purposes of your Order and its delivery are correct.
During the ordering process you have the option to preview your Product prior to purchase. While we aim to create an as accurate as possible representation of your Product, we cannot guarantee that the layout, fonts and colors displayed on your screen will exactly match those in the final printed book. The flip book preview is meant as a representation of the final product only.
All Products are subject to availability.
During the ordering process we will ask you to specify the place of delivery for each Product. It is your responsibility to ensure that all delivery information is accurate and up to date.
Standard delivery is via through our courier partners which can change time to time. Other delivery costs and options are set out clearly on our website and in your shopping cart at the time you place an order.
We aim to process your Order and produce each Product within the time period stated during the ordering process and shown on the shopping cart screen. Please note that production times may vary and any time quoted for the delivery of goods are indicative only. 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.
If your Product is defective or damaged on delivery you must contact “Oh! My Name” within 14 days of receipt via ‘Replace’ option in your ‘My Accounts’page. We may ask you to return the defective or damaged item to us in order to validate your claim for a replacement product.
Refunds and Cancellation:
An order can be cancelled within 24 hours from the time your order is confirmed. The order can be cancelled via the ‘Cancel’ option in your ‘My Accounts’ page, in which case full payment will be refunded to the client within 90 days.
You also have the right to cancel your order and receive a full refund if we fail to deliver your order within 45 days after the date you placed the order. In this case, request you to notify us of your wish to cancel by sending an email at email@example.com. The full payment will be refunded within 90 days.
You are responsible for ensuring that all personalization details supplied to us are correct at the time of ordering. However, you have the right to get your order replaced under the following circumstances: your product is defective or damaged (in which case “Oh! My Name” shall require photographic evidence from you within 10 days of receipt). To notify us of your wish to replace, you can use the ‘Replace’ option in your ‘My Accounts’ page.
The price of any Product will be listed on our Site and shown in your cart. Prices will vary between products. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with on the Confirmation Screen, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment is by credit or debit card through our chosen payment provider. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to NikNak Tradesources Private Limited.
Orders with a delivery address outside India may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs clearance etc. must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.
Payment must be made through our payment gateway providers 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 will be required to submit your payment details to the relevant third party payment gateway 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.
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.
Discount codes are issued subject to availability and can be withdrawn without notice at any time. “Oh! My Name” reserves the right to stop discount codes being used against specific products. Only one discount may be used per order and these cannot be used against money on account, delivery, or any other facility provided by “Oh! My Name”. Discount coupon cannot be used in combination with any other discount running on the site.
Limitations on liability:
Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of “Oh! My Name” service or “Oh! My Name” website or “Oh! My Name” product except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with the terms of these terms. To the fullest extent permissible by applicable law, the maximum liability of “Oh! My Name” arising out or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by you.
Events outside of our control:
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, these shall not excuse the Customer from any payment obligations under this Agreement.
Reliance on posted information:
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
Our right to vary these Terms & Conditions:
Property rights and rights of use
All intellectual property rights (meaning patents, registered and unregistered trademarks 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.
If you have any concerns about material which appears on our Service, or have any questions relating to these Terms & Conditions, please contact firstname.lastname@example.org
BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.