We hope you feel comfortable using our website and find something great for your child. Before you start surfing and shopping, please read our terms and conditions (hereinafter ‘Terms and Conditions’).
Terms and Conditions - Hooray Studios d.o.o.
These Terms and Conditions are valid from June 30, 2020 and can be changed without prior announcement. Every customer and visitor is obliged to know the terms and conditions. The website www.hoorayheroes.co.au is operated by the Hooray Studios d.o.o., Dunajska cesta 5, 1000 Ljubljana, Slovenia (hereinafter “Seller”). The Seller is registered with VAT Identification Number SI20826826. You can reach the seller by email at email@example.com.
For the purposes of these Terms and Conditions, the terms
‘Buyer’ means the person named on the order;
‘Contract’ means the order and the order confirmation;
‘Faulty’ means afflicted with an error or defect; imperfect or defective;
‘Order’ means your order for a product from the website;
‘Seller’ is the company Hooray Studios d.o.o., Dunajska cesta 5, 1000 Ljubljana, Slovenia, that operates all content and materials on the website www.hoorayheroes.co.au.
‘Terms and Conditions’ means the terms and conditions set out in this document.
Access to and use of the website
The website may not be used for any improper or unlawful purpose, or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we give you for the purpose of using the website.
By placing your Order, you acknowledge that we may review your Order and its content for compliance with our policies and these Terms and Conditions, and may refuse to process an Order in the event of a breach of these Terms and Conditions and our policies.
As part of your Order, you acknowledge that we may review your Order and its content for compliance with our applicable policies and these Terms and Conditions, and may decline to process an Order if we believe the content is in violation of these Terms and Conditions and our applicable policies.
You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Terms and Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users' or Our data security or privacy.
We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.
The Website may not be used for any improper or unlawful purpose, or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we give you for the purpose of using the website.
Modifications to the Website
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.
Modification of these Conditions
We reserve the right to: modify and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/or use the Website.
To provide increased value to our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Property Rights and Rights of Use
All intellectual property rights (i.e. patents, registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyrights, database rights, photo rights and the rights to computer programs and all computer code) on and of the website and all content and materials that are on the website ("Website Content") are and remain the property of the Seller or its licensors. The content of the website may be used for your personal, non-commercial purposes only and may not be reproduced, modified, copied, altered, distributed, redesigned, republished, exhibited, transmitted, or sold in any form whatsoever, in whole or in part, and you may not remove any copyright notices or other proprietary designations that are part of the website's content.
The Intellectual Property Rights in Website and the materials on or accessible via it belong to ‘Hooray Studios’ or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). ” Hooray Studios” and the Hooray Studios Logo are trademarks, which belong to “Hooray Studios”, and they may not be used, copied or reproduced in any way without written consent from “Hooray Studios”. All trademarks not owned by Hooray Studios are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “Intellectual Property Rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
All information contained on the website including descriptions of books, age recommendations, photos and previews of personalised books may differ from the original. The Seller reserves the right to make minor changes in product descriptions without having to inform customers and visitors.
Every customer and visitor to our website agrees that he is not entitled to any refund in exchange for ideas, especially because of the possibility that we are already developing such ideas ourselves. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
• The Seller has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
• The Seller will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
While we cannot accept unsolicited ideas, We are always pleased to receive feedback regarding the existing features of its Products and services. Please only provide specific feedback on existing features, and do not include ideas that our policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. We shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.
Orders and specifications
All products can be purchased if they are available and your Order has been accepted by us. We reserve the right to refuse Orders without giving reasons. Your Order is valid only after the receipt of a confirmation of the Order without reservation.
Before submitting the Order, the customer has the opportunity to view the product preview and is required to accept the preview before proceeding.
The Order confirmation contains details of your Order and the price. It is your responsibility to notify us of any errors or errors in the Order as soon as possible. Otherwise, you may receive a Faulty Order. All details for the delivery time are informative and serve as guidance. The Seller will do everything to ensure that your Order is delivered on time, but bears no responsibility if the Order is not delivered on time.
While we endeavour to reproduce and describe the inks used on the products as accurately as possible on our website, we cannot assure you that the colours supplied will exactly match those displayed on your monitor or mobile phone due to different display settings. We reserve the right to change a product on the website or stop the sale of a product without informing you. As to Products and services featured on this Website, please note that we make every effort to display as accurately as possible the Products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor or other electronic device will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our Products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate terms and conditions that will be provided to you in connection with the service purchased and will be supplemented by this Terms and Conditions.
Prices, payment and currencies
The prices valid on the day the Order is received by the Seller apply. All prices are in Australian dollars and include the Goods and Service Tax. Any delivery costs will be shown separately and be clearly stated. All prices and discounts will be clearly visible on the invoice, which all customers receive electronically. Therefore, it is very important that the customer provides a valid e-mail address.
After completing the Order, an invoice will automatically be sent by e-mail regardless of the payment method.
Payment options include: credit card (MasterCard, Visa, American Express) and PayPal.
Credit card and PayPal transfers are processed / executed via the Stripe system. The customer is debited immediately after the completion of the Order. A description of the process can be found here: https://stripe.com/
All products are paid for via an external payment service provider. You will be asked to provide your payment information to this external payment service provider and you may also be required to accept additional terms and conditions regarding the use of each service. We cannot assume any liability arising out of or in connection with your use of any such external payment service provider and, to the extent permitted by law, hereby exclude such liability.
Unless otherwise agreed, all payments are due immediately upon invoicing. The bank account or the credit card account of the customer is debited immediately after the completion of the Order.
You warrant that all information provided to us for the purposes of your Order and its delivery is accurate, that you have the power to dispose of the chosen method of payment, and that you have sufficient funds or credit at your disposal to fully pay for the Order.
We are not responsible or liable for any errors of our provider.
Although we make every effort to ensure that the information on this website ("Website Content") is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to change prices or fees at any time without prior notice and may refuse or cancel delivery associated with any misrepresentation of the price or fees.
For more information please see our Return and Payment Policy.
Discounts, promotions and benefits
Various benefits or discounts are not compatible. For a single Order, only one type of discount or benefit can be claimed. The buyer is entitled to a discount only if the Order has been made during the time of the sales promotion. No further discounts can be claimed on an already reduced price. Unless otherwise stated, discount codes only apply to a single book and are not valid on past purchases. Discount codes are valid for as long as they are promoted in the footer of the marketing e-mail or in Facebook ads.
To redeem a discount code, add an item to your shopping cart and, when prompted to enter any discount codes (under “Promo Code”) in the first stage of the checkout process, simply enter your code and be sure to click “Save”.
We can change the price of each product up until the time an Order is placed.
Despite our best endeavours, certain products listed on the website may not be priced correctly or may increase in price between your Order and our acceptance of your Order. We will normally verify the prices as part of our handling procedures so that if the product price is lower than the price quoted on the website, we will charge you the lower price when shipping the product. If the correct price of a product is higher than the price stated on the website, we will normally, at our sole discretion, either contact you to ask how you would like to proceed or cancel your Order and notify you of such a cancellation so that you can, if you so choose, place a new Order at the correct price.
If an inaccurate price quote is obvious and unmistakable such that you should have recognised it in good faith as the wrong price, we are in no way obligated to provide you with the product at the wrong (lower) price.
Quoted prices are exclusive of all sales taxes imposed by any governmental authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such taxes.
If the Seller is committed to collecting and disposing of tax, this tax will also be reflected in your invoice. Sales taxes are based on where the product is sent, and as such may vary. The invoice will be issued with the shipping costs for the shipping service you have selected.
The products you Order will be delivered to the address specified in your Order. The usual delivery method is, unless otherwise expressly agreed, a shipment of the products with the delivery services of Australia Post.
- Australia Post
111 Bourke Street,
Expected time of delivery:
Koala delivery- (tracked): from 15 to 21 working days.
Kookaburra delivery -(tracked): from 10 to 14 working days.
Emu delivery - (tracked): from 6 to 9 working days.
We endeavour to process your Order and manufacture the Ordered product within the specified period. However, the production times may vary, and it should be noted that the delivery times given are not binding. According to these Terms and Conditions, the adherence to the delivery time is not a contractual obligation. We therefore assume no liability for damages or expenses that you have suffered due to delays in the delivery of your Order.
You must inspect the products for defects immediately upon delivery. In the case of a delivery of the products by a carrier service, you are required to sign the required delivery confirmation. The signature on the document serves as proof that your Order has been delivered to you without obvious defects or damage. Acceptance of the Order may be denied on the grounds that it is Faulty. If the Ordered products have been delivered damaged or with defects, you are obliged to notify us in writing immediately and not later than 24 hours after the delivery of the allegedly defective or damaged product and to personally sign the notification or have it signed by a representative.
We reserve the right to deliver your Order in multiple parts. If the Order is delivered in several parts, each delivery establishes a separate contractual relationship. You therefore have no additional costs.
You must be able to receive a delivery so that the package can be delivered. If this is not possible, a new delivery date can be agreed upon with Australian Post. If you have not picked up the package or unwillingly refuse to accept the Order, we are not obliged to refund you the purchase price nor are you entitled to claim the purchase price.
Acceptance of delivery
If you receive the product(s), you must examine it for any errors and deviations from the contractual agreement before confirming with your signature that these products are in good condition. If you confirm with your signature that the products are in good condition, you confirm that the goods are in an acceptable condition. All packages for which no signature is given, but which are accepted, shall be deemed to have been accepted as if their good condition had been confirmed with a signature. If you see any signs of damage on the package(s), please sign that the package arrived damaged. Otherwise, beyond your statutory rights, we cannot refund or substitute the product.
You must be present at the delivery date to accept the delivery as the courier will try to re-deliver not more than two times and the goods will then be returned to us at your expense. If the delivery is rejected due to a faulty address or if the goods are returned, you will be charged for the return shipping costs.
Risk and property
Upon delivery to the agreed address, the risk of loss and deterioration of the Order passes to you. Notwithstanding the passing of risk, ownership of the Order will not be transferred to you until the purchase price and any other amounts due in connection with this or any other Order have been paid.
Return, refund and cancellation right
An Order can only be revoked in the case of the delivery of defective products (i.e., workmanship defect, book arrives damaged). The revocation must be made as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the product immediately after delivery, but in no case later than 24 hours after receipt of the product. If an Order is revoked in accordance with the conditions above, we shall be responsible for all sums paid (including shipping costs for the original delivery and any replacement) with respect to the Order in question.
As a precaution, it is specified that the Terms and Conditions, except in the case of defects or errors of the product, do not grant any right of revocation for products which by definition have been made and customised according to your wishes after 24 hours of their being placed.
The products must be returned to us in their original packaging. As a precaution, keep the original packaging.
Your statutory rights remain unaffected by this provision.
Please note that the Seller is not obligated to accept a return for a change of mind. If we do accept a change of mind return then you must pay return postage and will only be entitled to a store credit, excluding the cost of shipping, for the approved returned item.
Although we make every effort to ensure that information on this website ("Website Content") is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content or the products, pricing or fees described herein at any time without notice. Website Content may be out of date and we assume no obligation to update that content. We will use the necessary expertise and care in providing for the Website. Certain Website Content may come from third parties. We point out that we do not assume any warranty or responsibility for the accuracy, completeness, timeliness or reliability of such Website Content.
Unless otherwise provided in these Terms and Conditions, this website and the Website Content displayed on it are therefore in their present condition and without any express or implied (by customary, custom, legal provisions, etc.) representations or warranties of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranties as to the suitability of the website or the Website Content for any purpose). Website Content will not violate the rights of third parties.
We make no representation that the website or the Website Content or any functions of the website will be available uninterrupted or error-free, that errors will be corrected or that the website or the server that provides access to it will be free of viruses or other harmful content. We neither guarantee nor warrant that the website or Website Content will meet your needs. We also make no warranty or representation with respect to the use or results of the use of any Website Content in terms of its completeness, accuracy, timeliness, reliability or other characteristics.
We cannot be held responsible for the security of, or any disruption to, the website of any kind. The same conditions apply to the loss or corruption of materials posted through the website, as well as the loss or falsification of materials or data downloaded from the website to a computer system.
We warrant that all products purchased through this site are of satisfactory quality and suitable for the purposes for which products of this type are ordinarily supplied.
To the extent permitted by law, we disclaim all other express or implied terms, representations and warranties (as may be implied by common law, custom, law, etc.).
We are not liable for any damage or loss that you incur when Ordering a product as a result of a breach of this contract by us.
You expressly agree that you are using this website and Website Content at your own risk.
Subject to the above provisions, you agree that we cannot be held liable in the following cases:
(a) in case of immediate losses, claims or damages; (b) for indirect losses, claims or damages, as well as for punitive, special, incidental or consequential damages of any kind which are not directly related to the incident which was the cause of the claim; or (c) in the event of loss of profit, loss of savings or the falsification of data (direct or indirect), regardless of whether or not they arise out of contract liability, tortious liability (including negligence), strict liability or directly or indirectly (i) from any use of this website or Website Content, (ii) from any of these Terms and Conditions, (iii) from any of the products, (iv) in the event of a failure or delay in the use of any part of the website, the Website Content or services, including but not limited to the unavailability of the website, Website Content or services, regardless of the duration of the period of unavailability, (v) from any use of or reliance on Website Content or other information, materials, software, products, services or related graphics obtained through the website ; in all of these cases, the disclaimer applies even if we have been warned about the possibility of such loss or damage.
We shall not be liable for any loss, damage or expense (including lost profit) arising directly or indirectly from the default of fulfillment of the principal obligations under these Terms and Conditions if based on events or circumstances that arise beyond our control; these include, in particular, strikes, labour disputes, power failures, breakdowns, state action and force majeure.
According to local laws, liability may not be excluded or limited. In this case, the above limitations or exclusions of liability do not apply to you.
Due to the inherent risks of using the Internet, we cannot be held responsible for any damage or virus attack on your computer equipment or other property that has occurred while using the website.
Because of the risks inherent on the Internet, we cannot be held responsible for any damage to your computer equipment or other equipment, or for viruses that infest this equipment while using or navigating the website. Please note that you download or otherwise obtain Website Content from the website at your own risk.
You agree that you accept responsibility for any damage to your computer system or loss of data resulting from the downloading or purchasing of such website content.
You agree to indemnify us and our parent companies, affiliates and our respective officers, directors, employees, owners, intermediaries, contractors, partners, informants and licensors in respect of any claims, damages, liabilities, costs and expenses (including attorney's fees) (whether they were predictable or preventable) incurred or suffered by any other party, as well as any claim or legal action arising out of or in connection with your use of the website, the Website Content or the services offered by the website, your behaviour in connection with the website or the services offered or in connection with other users of the website, any purchases, transactions, actions or arrangements with a third party through the website or on the website of a third party or in relation to the violation of these Terms and Conditions or any law or right of a third party arise or threaten to give, indemnify, defend and indemnify.
Choice of Law
We may remove the website at any time at our sole discretion and for any reason, or discontinue the provision of any services available through the website.
We may terminate your access to the website for any reason, at our sole discretion, with or without notice to you at any time.
Place an order
To place an Order, you must follow the Order procedure specified on the website. Details of the price to be paid for each product, as well as the payment process, are listed on the website.
Any times and dates given for delivery are estimates only. We will use our best endeavours to deliver the goods within the specified times, but we will not be liable if the delivery is not made within that time.
By placing an Order through the website, you are making an offer to purchase the product and indicating that you accept these Terms and Conditions. All Orders are only binding upon our acceptance; we are entitled to reject any Order you place. We will send a written acknowledgment of receipt to the e-mail address you enter when placing your Order, but this confirmation does not constitute acceptance of the Order on our part. We will accept your offer once we have received full payment from you. We will then send you a confirmation by e-mail; at this time, the contract is concluded. Once full payment is received, we will start processing your Order and create your personalised book. Once we start creating your book, the cancellation of your Order is not possible. We require full payment of the book before this book is produced and shipped. If we are unable to place an Order after accepting the payment, we will refund your money and cancel the contract.
We may modify or discontinue our products or services at any time without notice to you, and it cannot be ruled out that products will become unavailable without prior notice. We accept no liability of any kind if a product or service is not available.
You affirm that all the information you provide to us for the purpose of purchasing products through the website is correct, that the credit or debit card or electronic funds you use are yours, and that sufficient cash or lending funds are available to cover the cost of the respective products. If the payment is not received in full, we are under no obligation to supply the products.
The right to deny services
The Seller reserves the right that, in exceptional cases, products will not be delivered. As an exception, technical restrictions apply to the personalisation of a product or customer payment risk level, which is based on the decision of the Seller. The Seller has the right to cancel the Order if he cannot receive a confirmation of the purchase by the customer by phone or e-mail. The Seller is obliged to inform the customer about the non-delivery via e-mail or telephone. If the customer has not provided any correct personal information, the Seller is under no obligation to inform him. The Seller shall not be liable for any loss, damage or expense resulting from any failure or delay in the performance of its obligations which were caused by an event or circumstance beyond its control.