General Terms and Conditions BooklyDoo

Article 1. Definitions

In these general terms and conditions, the following definitions apply:

• "Booklydoo": the trade name of Porsonal BV, with its registered office at Europalaan 400, Utrecht, the Netherlands, registered with the Chamber of Commerce under number 98892509.
• "Customer": any natural or legal person who enters into an agreement with Booklydoo.
• "Consumer": a natural person acting for purposes unrelated to any commercial or professional activity.
• "Agreement": any agreement concluded between Booklydoo and the Customer regarding the delivery of products and/or services to which these terms and conditions apply.
• "Product(s)": all personalized books and other personalized physical or digital products and services offered by Booklydoo, as available on the website booklydoo.com.
• "Website": the online shop of Booklydoo, accessible via www.booklydoo.com.

Article 2. Applicability

• These general terms and conditions apply to all quotations, orders, agreements, deliveries and other services of Booklydoo, unless expressly agreed otherwise in writing.
• Deviations from these terms and conditions are only valid if confirmed in writing by Booklydoo.
• Any general (purchasing) terms and conditions of the Customer are expressly rejected.

Article 3. Offer and formation of the agreement

• All offers by Booklydoo are non-binding, unless explicitly stated otherwise.
• The agreement is concluded when the Customer places an order via the Website and Booklydoo accepts this order, for example by dispatching the product or sending a (digital) order confirmation.
• Booklydoo reserves the right to refuse an order or to impose additional conditions, for example in case of incorrect data, suspected fraud or insufficient available capacity.

Article 4. Prices and payment

• All prices displayed on the Website include VAT, unless stated otherwise. Any shipping costs or additional charges may be invoiced separately.
• Payment must be made via the payment methods offered by Booklydoo and within the indicated term.
• If the Customer fails to meet, partially meet or not timely meet their payment obligations, Booklydoo is entitled to suspend or terminate the performance of the agreement. All resulting costs, including collection costs, are for the account of the Customer.
• Ownership of delivered products only transfers to the Customer after full payment of all amounts due.

Article 5. Delivery and performance

• Booklydoo will endeavour to deliver the products within the delivery time stated on the Website. This period is indicative, unless expressly designated as a strict deadline.
• Delivery takes place at the delivery address provided by the Customer. The Customer is responsible for providing all required information in a timely and accurate manner.
• In the event of exceeding the delivery time, the Customer must give Booklydoo written notice of default and offer a reasonable additional period. Termination is only possible after this additional period has elapsed without result, unless there is force majeure or circumstances attributable to the Customer.
• Upon receipt, the Customer must immediately check whether the delivered product corresponds with the order and is free from visible defects. Any defects must be reported in writing within 24 hours.

Article 6. Right of withdrawal (Consumers only)

• The products delivered by Booklydoo, including both digital e-books and physical books, are manufactured based on the personal specifications of the Buyer and have a distinctly personal character. For this reason, the statutory right of withdrawal is excluded.
• Once the AI generation process for a Digital E-book has started, the order cannot be cancelled, as the product is already being generated specifically for the Buyer and costs have been incurred.
• Physical Books cannot be returned and are not eligible for refund, unless there is a demonstrable production or delivery defect for which the Seller is responsible.
• The Buyer is personally responsible for carefully checking the Digital E-book, which serves as a proof copy, for errors in text, names, personalization and illustrations before ordering a Physical Book. Errors that were already present in the approved Digital E-book do not give the right to return or refund.
• In case of a valid defect, the Buyer must report this within 14 days of receipt, providing a clear description and photos. After acknowledgement, the Seller will, at its discretion, deliver a replacement product. Refund only takes place if replacement is reasonably not possible.

Article 7. Warranty and conformity

• The Buyer acknowledges that the Products are created using generative AI. Despite striving for high quality, small deviations, stylistic choices or differences from provided photos may occur and these are not considered defects.
• The Buyer can edit the generated Digital E-book within their account. This editing option is the primary means to adjust the product before ordering a Physical Book.
• Booklydoo guarantees that the delivered products meet the agreement, the stated specifications and the requirements that can reasonably be expected from a careful business practice.
• Statutory warranty and conformity rights remain fully in force, insofar as these cannot be validly limited.
• Any defects must be reported in writing as soon as possible, but no later than 7 days after discovery. Booklydoo will, at its discretion, repair, replace or refund the purchase price.

Article 8. Liability

• The liability of Booklydoo is limited to direct damage, as further described in this article.
• Booklydoo is not liable for indirect damage, including consequential damage, loss of profit, lost savings or damage due to business interruption, unless there is intent or gross negligence.
• The total liability of Booklydoo is limited to the amount the Customer has paid for the relevant agreement.
• These liability limitations do not apply insofar as mandatory law provides otherwise.
• Booklydoo is not liable for damage resulting from improper use, incorrect assembly, installation or normal wear and tear.
• When uploading photos and personalization data, the Buyer declares to have all necessary rights. The Buyer indemnifies the Seller against claims from third parties due to infringement of rights.
• The Buyer guarantees that the supplied content is not unlawful, offensive, discriminatory or otherwise inappropriate and does not infringe on legislation or rights of third parties.

Article 9. Intellectual property

All intellectual property rights relating to the Website, the Booklydoo brand, texts, images, designs, software and other materials used belong to Booklydoo or its licensors. Use or disclosure without prior written consent is not permitted.

Article 10. Privacy & data processing

Booklydoo processes personal data in accordance with the privacy policy published on the Website. By placing an order, the Customer agrees to this processing.

Article 11. Amendments to the terms and conditions

Booklydoo reserves the right to amend these general terms and conditions. Changes will be announced in a timely manner via the Website and apply to agreements concluded after the effective date, unless agreed otherwise.

Article 12. Disputes and applicable law

• All agreements between Booklydoo and the Customer are exclusively governed by Dutch law, unless mandatory law provides otherwise.
• Disputes will be submitted to the competent court in the district where Booklydoo is established, unless legal provisions provide otherwise.
• Consumers may, where applicable, make use of the European Commission's online dispute resolution platform.