Terms and Conditions

By using our website and placing an order, you agree to the following terms and conditions. These terms apply to all products and services offered through the website. We advise you to read these terms carefully before placing an order.

1. Definitions

In these terms and conditions, the following terms are defined as follows:

1.1 Buyer

The person who places an order on the website and enters into an agreement with Magical Children's Book.

1.2 Seller

Magical Children's Book (trade name of Nextkit, Chamber of Commerce no.: 59540028), established in the Netherlands, is the operator of the website and provider of the products and services.

1.3 Agreement

The agreement established between the Buyer and the Seller after placing an order and the acceptance of this order by the Seller.

1.4 Products

All goods offered on the website, including:

  • Physical Books: Personalized printed children's books.
  • Digital E-books: Personalized digital books in PDF format, available for immediate download via the website.

2. Applicability

These terms and conditions apply to all offers, agreements, and orders made through the website. Deviations from these terms are only valid if they are documented in writing and signed by both parties.

3. Offers and Orders

3.1 Offers

All offers on the website are non-binding unless expressly stated otherwise. Magical Children's Book reserves the right to change prices, especially if required by (legal) regulations.

3.2 Ordering Process

To order a product, you go through the ordering process on the website. You select the product, provide the required information (such as name, photo, and personal message), review your order, and confirm the order. The agreement is established once you receive an order confirmation via email.

3.3 Acceptance of Order

Magical Children's Book reserves the right to refuse an order without providing a reason, for example, in case of doubt about the accuracy of the information provided by the customer or when the provided photo violates our guidelines.

4. Prices and Payment

4.1 Prices

All prices on the website include VAT and any other government-imposed charges, unless otherwise stated. Shipping costs are listed separately during checkout, if applicable.

4.2 Price Changes

Magical Children's Book reserves the right to change prices. If a price increase occurs after placing an order, the buyer has the right to terminate the agreement.

4.3 Payment Methods

Payment must be made through the payment methods offered on the website. Magical Children's Book uses the payment provider Mollie B.V. for handling payments. Mollie B.V. is responsible for the secure processing of your payment information. Your payment information is only shared with Mollie B.V. for processing the transaction and is not shared with third parties.

The order is only processed once full payment has been received. Payments can be made through available payment methods such as iDEAL, credit card, and others displayed on the website.

5. Delivery and Delivery Time

5.1 Delivery of Physical Books

Delivery of physical books takes place at the address provided by the Buyer. Magical Children's Book cannot be held responsible for incorrect address information provided by the Buyer. Delivery is carried out by an external carrier. Delivery time may vary depending on the destination and shipping method.

5.2 Delivery of Digital E-books

Digital e-books are available for immediate download on the website after payment is received. After payment, the Buyer receives a link to download the e-book. Make sure to provide a correct email address, as the download link is linked to your account.

5.3 Delivery Times

The stated delivery times are indicative and cannot be guaranteed. Magical Children's Book is not liable for any delays in delivery caused by the carrier or technical failures.

5.4 Risk upon Delivery

The risk of damage and/or loss of physical products rests with Magical Children's Book until the moment of delivery to the Buyer or a previously designated representative. The risk of loss of digital e-books lies with the buyer from the moment of delivery and download.

6. Cancellation, Returns, and Right of Withdrawal

6.1 Cancellation

Due to the personalized nature of both physical books and digital e-books, the right of withdrawal is excluded once the order has been put into production. Cancellation is only possible if the order has not yet been put into production.

6.2 Returns of Physical Books

Physical books cannot be returned unless there is a defect or error in the personalization. Contact us via email within 14 days of receipt if there is a problem with the product.

6.3 Returns of Digital E-books

Digital e-books cannot be returned or canceled after purchase, as delivery occurs immediately after payment. In the case of a defective file, we will offer a replacement file free of charge.

7. Usage Rights and Photo Permissions

When placing an order that involves uploading a photo of the child or another person, the Buyer declares that he/she has the necessary permission to use and process the photo in the product. The Buyer guarantees that the photo does not infringe on the privacy rights of third parties and indemnifies Magical Children's Book against all claims arising from unauthorized use of images.

8. Liability

Magical Children's Book is only liable for direct damage that has arisen from an attributable failure to fulfill the agreement. Our liability is limited to the price of the ordered product, excluding shipping costs. Direct damage is exclusively understood as:

  • Material damage to property;
  • Reasonable costs incurred to prevent or limit damage;
  • Reasonable costs incurred to determine the cause and extent of the damage;

Magical Children's Book is not liable for any indirect damage, including consequential damage, lost profits, missed savings, data loss, or damage caused by business interruption. Magical Children's Book is also not liable for damage resulting from improper use of the products or failure to follow instructions.

Furthermore, Magical Children's Book is not liable for damage resulting from the use of images provided by the Buyer for which no rights have been obtained.

9. Intellectual Property

All texts, images, designs, and other content on the website are the property of Magical Children's Book or its licensors. It is not permitted to use or reproduce material from the website without written permission.

10. Privacy and Data Protection

Magical Children's Book respects the privacy of its customers and processes personal data in accordance with applicable laws. Please refer to our Privacy Policy for more information on how we process and protect your data.

11. Force Majeure

Magical Children's Book is not obliged to fulfill any obligation towards the Buyer if it is hindered from doing so due to force majeure. Force majeure refers to any external cause that was reasonably unforeseeable and prevents Magical Children's Book from fulfilling its obligations.

12. Changes to the Terms and Conditions

Magical Children's Book reserves the right to modify these terms and conditions at any time. The most current version of the terms and conditions can be found on the website.

13. Applicable Law and Disputes

Dutch law applies to all agreements. Disputes arising from or related to the agreement will be submitted to the competent court in the district where Magical Children's Book is established.

14. Contact Information

For questions or comments about these terms and conditions, you can contact us via email: [email protected].