The seller Micromega Ltd. (in following text: seller) has a business of personalized figurines under the Bobblit brand on his website www.bobblit.com. These present conditions relate all users, corporal or legal persons and apply to all orders placed on the site www.bobblit.com.
Terms and conditions apply are those in effect at the date of confirmation of the order. While passing order on the website requires prior consultation of these terms and conditions. You can only place order if you accept all the terms and conditions below. When customer valid his order that implies full and unreserved acceptance of these terms and conditions. The "approval click" or approval e-mail constitutes an electronic signature. This electronic signature between seller and customer has the same legal validity as a handwritten signature.
These terms and conditions can be modified at any time without notice by the seller; the changes are then applied to all subsequent orders.
The data recorded by the seller are the proof of the nature, content, date and method of payment for the order. Order is archived by the seller; the customer can access the archive directly by visiting his customer account on the website or by contacting customer service by e-mail: firstname.lastname@example.org. Orders are taken into account by the seller upon receipt of full payment of the customer and the pictures needed to process the order.
Pricing and Billing
The prices are applicable at the validation of the order by the customer and do not include shipping cost. The shipping costs are charged extra and are indicated before the final confirmation of the order. Prices may not be modified once the customer order is placed. The prices of the articles ordered on the website and the date of the order in question constitute proof.
An invoice is drawn-up for each delivery, and is immediately available for consultation and printing on the www.bobblit.com internet website on the customers account. For orders to countries outside the European Union, the buyer must pay any taxes, custom duties and VAT that their local authorities may request upon delivery. You are solely responsible for the payment of these taxes and duties.
Terms of payment
The customer can pay for his purchases:
- By bank transfer
- By PayPal
- By credit cards excepted by the Paypal
If transaction is rejected by the bank or the PayPal, seller can delete the corresponding order, the customer will be notified by e-mail and must contact their bank to release the transaction.
The customer must verify compliance information on the delivery address that it provides to website www.bobblit.com. Seller cannot be held responsible for any data entry errors, inaccuracies in the delivery address and the consequences that would follow such a delay and/or a delivery error. In this context, all costs incurred for the return of the order will be fully borne by the customer.
Only the address provided on our server when placing the order prevails. Delayed delivery could occur if the client is slow to respond to the email containing the photo of the figurine for approval or if he wants changes. Therefore shipping would be delayed. In the case of a lost package during transport, the time of investigation can vary by carrier and take one to three weeks.
In case of non receipt of the order, the customer must notify the seller by email to: email@example.com. During this investigation, no refund or return can be made. After confirming the lost package by the carrier, the purchaser may claim a refund or return of the order. The client has a legal obligation and contractual to check the physical condition and contents of the parcel delivery in the presence of the deliveryman.
Any reservation concerning the delivery must be made in writing at the time of receipt of the parcels on the carrier’s receipt. In case of damaged product in delivery, the customer must notify the seller by email to: firstname.lastname@example.org.
Important : Stated "subject to unpacking" has no legal value and does not cover damage found later, after unpacking the product. And all products which have damage would not have been explicitly and specifically noted on the delivery note, will not be refund or reedited by the seller.
The signing of the delivery note by the customer or his agent is a proof of unreservedly and acceptance outright recognition of the parcel and its perfect conformity with the order.
Refund policy and Liability
The customer is only liable for the options selected and the quality of the pictures sent. The customer declares to have full rights to the pictures he send us for the manufacture of his figure. By ordering and sending us your pictures, the client gives us the right to produce a figurine with his image and implicitly accepts the result of his figurine based on pictures supplied.
Our proofing process gives you the ability to ensure that the sculpting will be exactly what you are looking for, and with proofing you will be able to make changes until everything is just right.
After ordering you will receive an email with a photo of your sculpted figurine. You have the option to approve the figurine, or you can suggest changes and we will make the modifications as requested and send you a new photo proof.
If you are not completely satisfied with the looks, you may cancel your order at any time pre-shippment and we'll refund your money in the full amount.
Sculpting, especially when the subject is a human, is a very subjective process. It is an art, not a science. Since all the sculpting is done based on photographs (which may or may not be good likenesses of the subject), the quality of the photo provided is very important in achieving a strong likeness.
But even with a good photo, because of the subjectivity involved with the art of sculpting, some people may see a strong resemblance to the person, and others may not. With a good photo however, we should be able to obtain a good likeness with our specially-trained artists.
As soon as the figurine has been sculpted, we will send the customer approval email. The customer has the possibility to reply to the email and approve the figurine, or ask for corrections. If no reply is made within 48 hours, the step will be automatically validated to continue to the shipment. If the customer asks corrections, he will receive a new picture with the corrections and until its satisfaction.
Although every effort will be made to prevent errors, we will not be responsible for any errors on an order that was proofed and approved by the customer or customer's representative. These errors will be corrected at the customer's sole expense.
The email address given on the order should be the person responsible for approval of the order. We are not responsible for an order approved by someone other than the decision maker.
In all cases, seller is not to be held liable in the event that non-execution of its obligations ascribable either to the unforeseeable and insurmountable deed of a third-party to the contract or in the event of an Act of God as defined by jurisprudence. Seller is not to be held liable for any risks or damage inherent through the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
The photographs illustrating, with the supporting text, the products on sale, do not enter the contractual domain. Seller will not be liable if errors have been introduced.
Our custom products are mainly intended to be displayed and are not toys. They are not appropriate for children. Seller assumes no liability for the use of products ordered on the site.
The informations that the client is submitting are essential for processing and shipping of orders and preparing invoices. Seller agrees to keep confidential all information submitted by its customers except their consent.
The client has a permanent right to access, oppose and correct any data relating to him in accordance with European laws. The customer may at any time make a request to seller to know what information it has on him.
The archiving of purchase orders and invoices is carried out on a reliable and durable support. Seller makes every effort to protect the personal data against any shape of loss, damage or change, destruction, hijacking, not-authorized disclosure. However, the visitors of the www.bobblit.com website are informed about the risks bound to the technologies operated on the Internet network.
All the elements on the Bobblit website (logos, illustrations, text, names, brand names, pictures, videos, animation, graphic design, website navigation ...) is the property of the seller and are protected by laws concerning the copyright, trademark and intellectual property.
Any total or partial reproductions of the content by any means whatsoever are subject to prior and express authorization from the seller. Non-observance of this prohibition constitutes a breach which may lead to civil and criminal liability for the counterfeiter. All projects, studies, sketches and models remain the property of the seller.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bobblit.com so long as the link does not portray the seller, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the seller’s logos or other proprietary graphics or trademarks as part of the link without express written permission.
The present terms and conditions apply throughout the period of putting online the services offered by the seller.
Entirety of the contract
These Terms and Conditions constitutes the entirety of the agreement concluded between the parties. No other conditions communicated by the customer may be incorporated or depart from these terms and conditions.
These terms and conditions are subject to Croatian law. Each country may have laws that differ from the Croatian laws. Users accept without reservation that ordering a product and/or visit the website must submit to the Croatian laws.
In the event that a dispute appears from this contractual relationship, the parties undertake to seek an amicable solution before any legal action. For any dispute arising under these Terms and conditions and that could not have led to an amicable settlement, the court of competent jurisdiction will be that of the place of residence of the seller.