Terms of service

TERMS OF SERVICE

1. WHO WE ARE
Happy Unwrapping is a trade name of Rome Media Group BV, a private limited company (besloten vennootschap) incorporated under the laws of the Netherlands.

Rome Media Group BV
Pastoor Jacobsweg 100, 6226 VX Maastricht, the Netherlands
Chamber of Commerce (KvK): 92806686
VAT identification number: NL866179082B01
Email: service@happyunwrapping.com

In these Terms of Service, "we", "us" and "our" refer to Rome Media Group BV. "You" refers to you, the person visiting the site or placing an order. "Services" means this website and all related content, features, tools, products and services we make available through it.

2. ABOUT THESE TERMS
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and Legal Notice, govern your use of the Services. Please read them carefully, as they include important information about your rights and about the limits of ours.

By visiting, interacting with or ordering through the Services, you agree to be bound by these Terms. If you do not agree with them, please do not use the Services.

Nothing in these Terms limits or excludes any rights you have as a consumer under mandatory law. Where a provision of these Terms conflicts with a mandatory consumer protection rule that applies to you, that rule prevails.

3. ELIGIBILITY AND ACCOUNT
By agreeing to these Terms you confirm that you are at least the age of majority in your country or state of residence, or that you are using the Services with the consent of a parent or guardian.

You may be asked to provide information such as your email address and billing, payment and shipping details in order to place an order. You confirm that the information you give us is accurate, current and complete, and that you are entitled to provide it.

If you create an account, you are responsible for keeping your login details secure and for all activity that takes place under your account. You may not transfer, sell or licence your account to anyone else.

4. OUR PRODUCTS
We have made every effort to represent our products accurately. Colours and finishes may nonetheless appear differently on your screen depending on your device and its settings, and natural materials such as leather and wood vary between individual pieces. Slight variation is a property of the product, not a defect.

Any gift wrapping, gift boxes, props or styling shown in our product photography is included to show the item in use. It does not form part of the product and is not supplied with your order.

Product descriptions and specifications may change at any time. We may discontinue any product, and we may limit the quantity of any product we supply to a particular person, region or jurisdiction.

5. PERSONALIZED AND MADE-TO-ORDER GOODS
This section is important. Every product we sell is manufactured after you order it and personalized to the details you supply. We hold no finished stock.

The practical consequences are:

• Production begins shortly after your order is accepted, and from that point the item cannot be resold to anyone else.
• Because the goods are made to your specifications and are clearly personalized, the statutory right of withdrawal does not apply. For orders delivered within the European Union, this follows from Article 16(c) of Directive 2011/83/EU on consumer rights.
• We reproduce exactly the text you submit, including any spelling, punctuation or date errors it contains. The personalization editor displays a preview before you add an item to your cart, and checking that preview is your responsibility.
• Cancellations and amendments cannot be guaranteed once an order is placed. Contact us immediately if you need to change something; if production has not started we will do what we can.

None of this affects your rights where an item is faulty, damaged, or does not match the specification you supplied. Those situations are covered by our Refund Policy and by the statutory guarantee of conformity, which we do not exclude.

6. ORDERS AND ACCEPTANCE
When you place an order you are making an offer to buy. A contract is formed only when we confirm acceptance of that order. We must have received and processed your payment before an order is accepted.

We may decline or cancel an order at our discretion, including where a product is unavailable, where an error in pricing or description has occurred, where we suspect fraudulent use of a payment method, or where the personalization requested falls foul of section 7. If we decline or cancel an accepted order, we will refund you in full and notify you using the contact details you provided.

You confirm that your purchases are for your own personal or household use and not for commercial resale or export.

7. CONTENT YOU SUPPLY FOR PERSONALIZATION
When you submit text, names, dates, images, artwork or handwriting to be applied to a product ("Customer Content"), the following applies.

7.1 Your warranties. You represent and warrant that you own all rights in the Customer Content, or that you have obtained all necessary permissions to use it and to have it reproduced on a physical product. This includes permission from any identifiable person shown in a photograph and from the copyright holder of any image or artwork you did not create yourself.

7.2 Licence to us. You grant us and our production partners a non-exclusive, worldwide, royalty-free licence to reproduce, adapt in scale or format, and apply the Customer Content to the product you have ordered, and to store it for the period necessary to fulfil your order and handle any subsequent claim. This licence exists solely to allow us to make and deliver your order. We do not acquire ownership of your content and we do not use it for marketing without your separate, explicit permission.

7.3 What you may not submit. You may not submit Customer Content that:

• infringes any copyright, trademark, design right or other intellectual property of a third party, including brand names, logos, sports club insignia, and characters from film, television or games;
• depicts an identifiable person without their consent;
• is unlawful, defamatory, harassing, obscene, or promotes hatred or violence against any group or individual;
• contains personal data of a third party that you are not entitled to share with us;
• is intended to impersonate another person or organisation.

7.4 Our position. We do not pre-screen Customer Content and we are not obliged to. We may, however, refuse to produce any order whose personalization we consider to fall within 7.3, and we may do so after the order has been placed. Where we refuse an order on this basis we will cancel it and refund you in full.

7.5 Indemnity. You agree to indemnify us against any claim brought by a third party arising from Customer Content you have supplied, including reasonable legal costs. This does not apply where the claim arises from our own error in reproducing what you submitted.

8. PRICES, TAXES AND PAYMENT
Prices, discounts and promotions may change without notice. The price that applies is the one displayed at the time you place your order, as confirmed in your order confirmation email.

Unless stated otherwise, displayed prices exclude shipping and exclude any customs duties, import taxes or handling charges levied by the destination country. Those charges are the responsibility of the recipient. Applicable sales tax or VAT, where we are required to charge it, is shown before you complete payment.

Promotional codes and offers may carry their own conditions. Where those conditions conflict with these Terms, the promotion's conditions apply to that promotion.

You confirm that the payment details you provide are accurate, that you are authorised to use the payment method, and that you will pay the amounts due including shipping and any applicable tax.

9. SHIPPING, DELIVERY AND RISK
Delivery times shown on the Services are estimates based on production plus transit, and are not guarantees. We are not liable for delays caused by carriers, customs processing, or other events outside our reasonable control.

Where you are a consumer, risk of loss or damage passes to you when you, or a person you have nominated other than the carrier, take physical possession of the goods. Where you are not a consumer, risk passes when we hand the goods to the carrier.

Full details are in our Shipping Policy, which forms part of these Terms.

10. RETURNS, FAULTS AND REFUNDS
Our Refund Policy forms part of these Terms and sets out what we cover, what we do not, and how to make a claim. In summary: production faults, transit damage, incorrect items and personalization applied differently from what you submitted are replaced or refunded at our cost; errors in the details you supplied are not, because the item cannot be resold.

Your statutory rights in respect of goods that are faulty or not as described are not affected by these Terms.

11. OUR INTELLECTUAL PROPERTY
The Services, including all text, images, graphics, product photography, video, layout and the selection and arrangement thereof, are owned by Rome Media Group BV or its licensors and are protected by Dutch, European and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your own personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.

"Happy Unwrapping" and our logos are trade names and marks of Rome Media Group BV. You may not use them without our written permission. Shopify's name, logo and marks belong to Shopify. All other marks appearing on the Services belong to their respective owners.

12. FEEDBACK AND REVIEWS
If you send us ideas, suggestions, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display that Feedback for any purpose connected with operating and promoting the Services.

You confirm that you hold the rights in any Feedback you submit, that it does not infringe anyone else's rights, and that it is not unlawful, defamatory, obscene or misleading. You must disclose any compensation or incentive you received in connection with a review. We are not obliged to keep Feedback confidential, to pay for it, or to publish it, and we may remove Feedback we consider objectionable.

13. ACCEPTABLE USE
You may use the Services for lawful purposes only. You may not use them to break the law, to infringe our rights or those of others, to harass or abuse any person, to transmit false or misleading information, to send unsolicited advertising, or to impersonate anyone.

You also may not upload malicious code, scrape or extract data from the Services by automated means, attempt to collect other users' personal information, or circumvent security measures or access restrictions. We may suspend or terminate access where we consider these Terms to have been breached.

14. AUTOMATED AGENTS
Software agents that act autonomously or semi-autonomously on a person's behalf may access the Services only if they identify themselves as agents in the user agent string of every request, do not conceal or disguise that they are automated, do not circumvent CAPTCHAs or similar measures, and respect any technical restrictions we apply. We may limit or block agent access at our discretion.

15. THIRD-PARTY TOOLS AND LINKS
The Services may give you access to tools, content or links operated by third parties. We do not control them, we provide access to them "as is", and we make no warranties about them. Your use of third-party tools is at your own risk and subject to that third party's own terms. We are not responsible for the content or practices of websites we link to; please review their terms and privacy policies before using them.

16. RELATIONSHIP WITH SHOPIFY
Happy Unwrapping is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Rome Media Group BV. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

17. PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy. Because the Services are hosted by Shopify, information you submit is transmitted to and processed by Shopify and by service providers that may be located outside your country of residence. Certain personal information may additionally be subject to Shopify's Privacy Policy. For the purposes of applicable data protection law, Rome Media Group BV is the controller of your personal information.

18. ERRORS AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct such errors and may change, update or cancel orders affected by them, including after an order has been submitted. Where we cancel an order for this reason, we refund you in full.

19. DISCLAIMER AND LIMITATION OF LIABILITY
The Services are provided on an "as is" and "as available" basis. We do not warrant that they will be uninterrupted, timely, secure or error-free, and we do not warrant the accuracy or completeness of general information published on them.

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, including lost profits, lost revenue, lost data or loss of goodwill, arising from your use of the Services or from any product purchased through them. Where we are liable, our total liability in connection with an order is limited to the amount you paid for that order.

Nothing in this section excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our liability under product liability law, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, your statutory rights are unaffected, and some of the exclusions above may not apply to you.

20. INDEMNIFICATION
You agree to indemnify and hold harmless Rome Media Group BV, Shopify, and our respective affiliates, officers, directors, employees and service providers against losses, damages, liabilities and claims, including reasonable legal costs, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services. This clause does not apply where you are a consumer acting outside your trade or profession, except in respect of Customer Content as set out in section 7.5.

21. TERMINATION
We may terminate this agreement or suspend your access to the Services at our discretion. You remain liable for amounts due up to the date of termination. Sections concerning intellectual property, Customer Content, feedback, disclaimers, limitation of liability, indemnification and governing law survive termination.

22. GENERAL
If any provision of these Terms is found to be unlawful or unenforceable, it is severed and the remaining provisions continue in force. Our failure to enforce a right does not waive it. These Terms, together with the policies referenced in them, form the entire agreement between you and us regarding the Services. You may not assign your rights under these Terms without our written consent; we may assign ours. Headings are for convenience only.

23. GOVERNING LAW AND DISPUTES
These Terms and any contract formed under them are governed by the laws of the Netherlands, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes shall be submitted to the competent court in Maastricht, the Netherlands.

If you are a consumer, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence, and you may bring proceedings in the courts of that country where the applicable law gives you that right.

Consumers resident in the European Union may also submit a dispute through the European Commission's Online Dispute Resolution platform at ec.europa.eu/odr.

24. CHANGES TO THESE TERMS
The version published on this page is the version in force. We may update these Terms for operational, legal or regulatory reasons. Material changes will be notified as required by applicable law and take effect on the date stated in the notice. The Terms that apply to your order are those in force at the time the order is placed.

25. CONTACT
Questions about these Terms of Service can be sent to service@happyunwrapping.com, or by post to Rome Media Group BV, Pastoor Jacobsweg 100, 6226 VX Maastricht, the Netherlands.