We may vary and update these Terms from time to time by posting an updated version on our Website, and you will be bound by these updated Terms with immediate effect. It is your responsibility to check this Website regularly for any updates or changes, including prior to placing any new order.
1. YOUR ACCOUNT
1.1 To access Services you will be required to login with your myMoleskine account (Account). If you do not already have a myMoleskine account you can register one at moleskine.com. If you encounter any problems with your myMoleskine account, please contact Moleskine.
2. ORDERING PRODUCTS
2.1 As part of the Services, this Website may, from time to time, allow you to create and purchase a printed Moleskine Custom Photo Book, and/or a viewable 'online photo book' version of a completed Moleskine Custom Photo Book (each a Product).
2.2 You may order Products from us by logging into your Account and submitting an order. You will need to provide all required information (including your name, physical address and email address) or we may not be able to confirm and process your order. We are unable to deliver Products to Private Bag or Post Office Box addresses.
2.3 No order will be deemed accepted by us until we have sent you an order confirmation email. Our order confirmation will confirm details of your order and provide an estimated availability, dispatch or delivery time frame. If you do not receive an order confirmation within two (2) working days of submitting an order please email us at firstname.lastname@example.org.
2.4 While we do our best to confirm all orders we reserve the right to accept or reject all or any part of an order for any reason. If we are unable to accept your order the amounts paid by you in relation to the rejected order will be refunded and we will have no further liability to you in relation to the rejected order.
3. PRICING AND PAYMENT
3.1 The charges for our Products are set out on the Website and are subject to change. In relation to each order, the charges for Products ordered by you will be the price quoted on this Website at the time your order is submitted through our Website and confirmed by us (the Price), plus delivery costs Delivery costs are calculated based on the nature and quantity of Products ordered, the selected delivery method, and delivery address. Indicative shipping costs are available here and Taxes.
3.2 Charges do not include any import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order including goods and services tax (if you are shipping to addresses outside of New Zealand and Australia) and other value-added taxes (collectively Taxes) which will also be payable by you upon delivery. Taxes vary from country to country so if you are unsure whether these Taxes may apply to your order you can visit this import duty calculator for further information to aid in calculating any Taxes.
3.2.1 Orders shipping to New Zealand will be charged goods and services tax of 15% at the time of placing your order.
3.2.2 Orders shipping to Australia which are valued at under $1,000 Australian Dollars will be charged goods and services tax of 10% at the time of placing your order.
3.3 Payment for orders must be made in full at the time the order is placed. You can securely pay with Visa and Mastercard credit and debit cards and American Express.
3.4 The Website may generate gift vouchers and promotional codes that may be used at the time of placing an order and it is your responsibility to enter the code at the time of placing an order. The Website will not be responsible for any loss or theft of any gift vouchers or promotional codes.
4. AVAILABILITY & CANCELLATION
4.1 All orders are subject to the availability of Products and materials. We may revise the range of Products or the specification of any Product and Prices at any time and without notice to you.
4.2 While we monitor our Website to ensure that the information available through it is accurate, current and complete, despite our best efforts inaccurate Product, Price or other information may occasionally be displayed in error. We will update and correct this information on our Website promptly upon becoming aware, however will not be liable for any inaccurate, incomplete or out of date information on the Website, and reserve the right to cancel any affected order (regardless of whether you have made payment for that order or not).
5. DISPATCH AND DELIVERY
5.1 We aim to dispatch confirmed orders for Products requiring delivery within fourteen (14) working days, unless a different timeframe is specified on your order confirmation. We will use reasonable efforts to notify you where we become aware that dispatch of your order may be delayed.
5.2 We carefully pack our Products for safe international delivery. Once your order has been dispatched, delivery usually occurs within three to five business days depending on the delivery service and customs clearance requirements of the destination country. Although we aim to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in dispatch or delivery. We are not responsible for misdirected shipments or where you have supplied an incorrect, invalid or incomplete delivery address. Once your order has been delivered in accordance with your delivery instructions, you assume full responsibility for and risk in the Products.
5.3 If you do not receive your order please contact the freight services provider in your delivery destination (as indicated by the tracking number for your order confirmation) in the first instance or contact us at email@example.com..
6. SATISFACTION GUARANTEE AND RETURNS POLICY
6.1 If your purchase isn't right due to our mistake (meaning a defect in the workmanship or damage incurred in transit) please notify us at firstname.lastname@example.org. within ten (10) calendar days of the order being delivered and we will replace the defective Products as soon as we are able, at no further cost to you. Please include your order confirmation number in that email message and, where possible, attach a digital photograph as evidence of the defect or damage. This policy is in addition to, and not in place of, your rights at law that cannot be lawfully excluded, including under the Consumer Guarantees Act 1993.
6.2 If you are not happy with your purchase due to your own error, such as a spelling mistake or if you have used images below our recommended resolution, we are happy to help you fix it and share the cost of a replacement. In such cases, we may ask that you return the item to us so that we can arrange for a single reprint at a discount of 50% of the normal retail price.
6.3 We do not offer a color correction service - we print images true to the supplied files, within the limitations of digital printing. We take any customer complaints about image quality seriously, but reserve the right to reject any complaints if our investigation shows print result matches the original images. To find out more about our digital printing process please visit our 'Printing Technique' page.
7.1 The Website may offer features that allow you to submit or upload information, data and images (collectively Content) for incorporation into a Product. It is your responsibility to ensure that all Content submitted or uploaded through your Account or made available by you to others fully complies with our Acceptable Use Policy which for the avoidance of doubt forms part of these Terms.
7.2 You are solely responsible for the quality, accuracy and integrity of all Content submitted or uploaded through your Account. We have no obligation to proof, edit or change any of the Content in any Product (including Products that you share online or submit to be printed). We are not obliged to correct low resolution images that may appear blurry in print, typographical errors, mistakes in grammar, unfinished text or other text errors, design issues (including choice of page layout, text style, or colour), or any other creative choices that you make in relation to any Product. It is your responsibility to preview and proof each Product before submitting any order. You acknowledge that the content of any Product you order cannot be edited once that order has been confirmed by us.
7.3 We may in our sole discretion monitor any Content submitted or uploaded through your Account, to investigate any actual or threatened breach of these Terms, or to take any other action that we in our sole discretion deem appropriate, including, without limitation, cancelling any order or suspending or terminating your Account.
8. ENABLING VIEWING OF CONTENT BY THIRD PARTIES
8.1 This Website may offer functionality that allows you to electronically share with one or more third parties a copy of a Product (e.g. a feature that allows others to see an electronic preview of your Moleskine Custom Photo Book). If you use such functionality you hereby grant MILK a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to copy, reproduce, distribute, communicate to public (including via Internet), publicly display, use, and otherwise make available the relevant Product (including all Content and material therein), and any other data and information you provide to MILK, as reasonably required by MILK in order to provide such functionality and give effect to your choices in relation to use of such functionality (as communicated by you to MILK through this Website). If you choose to share certain parts of your instance of a Product, you do so at your own sole risk and consent to making that part of that Product publicly accessible and viewable. You also agree that we are not in any way responsible to you or any third party in relation to any use of such shared parts of the Product, including any use that violates the rights of any person.
9. THIRD-PARTY MATERIALS, WEBSITES, & INTERFACES
9.2 The Services may use one or more application programming interfaces to access images stored in Facebook, Instagram or other accounts. You acknowledge that:
- you may be required to grant certain permissions in order for the Services to be able to access those images. This may require you to log into those third-party accounts and accept the privacy policies and other terms of those third party providers; and
- you also may be subject to additional terms and conditions that apply when you use those accounts (or affiliate services, third-party content, or third-party software).
10.1 Use of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed broadband Internet access is strongly recommended for regular use. The latest version of an Internet browser is required to view and utilize the Product. Compliance with these requirements, which may change from time to time, is your sole responsibility. The Services are not part of any other product or offering, and your purchase or receipt of any other product shall not be construed to represent or guarantee that you may access or use the Services.
11. INTELLECTUAL PROPERTY
11.1 MILK respects the intellectual property of others, and asks and expects you to do the same. MILK may in its sole and unfettered discretion, suspend or terminate the Account of any Users whose activities are believed by MILK to infringe (or threaten to infringe) the intellectual property rights of MILK, MOLESKINE or of any third party.
11.2 You retain all of your ownership rights in any Content you supply to MILK. By submitting or supplying Content to MILK (including through use of the Services), you grant MILK a non-exclusive, royalty free irrevocable right to use, reproduce, copy and publish the Content for the purposes of exercising our rights and performing our obligations as reasonably contemplated by these Terms.
11.3 The Website (including but not limited to any Products, Services, artistic works, graphics, user interface, sound recordings, audio clips, film works, video clips, literary works, editorial content, computer programs, and the scripts and software), contains confidential and proprietary information and material that is owned by MILK or its licensors (including, without limitation, MOLESKINE) who reserve all their rights in law and equity, and is protected by applicable intellectual property and other laws, (including, without limitation, copyright).
11.4 You will not use such proprietary information or materials in any way whatsoever except in the course of using the Website and Services in compliance with these Terms. No portion of the Website, Products or Services may be reproduced in any form or by any means, except as expressly permitted in these Terms.
11.5 you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services (including the Product) in any manner, and you shall not exploit the Services in any way not expressly authorized by these Terms whatsoever.
11.6 Your creation or purchase of a Product does not transfer to you any commercial or promotional use rights in that Product. Customising, exporting or downloading the Product does not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product. The use of any part of the Services, except for use of the Services and production of each Product as permitted in these Terms, is strictly prohibited and infringes the intellectual property rights of others and you acknowledge that such use may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
11.7 MILK hereby grants you a limited, revocable, non-sublicensable license to reproduce in your web browser and publicly display your instance of a Product (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
11.8 You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Product) or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. Any attempt to do so is a violation of the rights of MILK or its licensors. If you breach this restriction, you may be subject to prosecution and damages.
11.9 MILK Tailor Made Books Limited logo, MILK Tailor Made Books, the MILK logo, and other MILK Tailor Made Books trade marks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of MILK or our licensors worldwide. MILK Tailor Made Books and the MILK logo are trademarks of PQ Blackwell Licensing Limited. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks or any use of such trademarks. Some elements used in connection with our Services are owned by third parties and have been used under license. MILK acknowledges that certain photographs featured on this Website, including in the 'catalog' and 'inspiration' sections of this Website, have been supplied by MILK's photographers or by third party professional photographers.
11.10 MILK is licensed by the owner of the MOLESKINE® brand and trademarks (“MOLESKINE”) to use the MOLESKINE brand and trademarks on the Website; to use the MOLESKINE brand and trademarks in the name and brand MOLESKINE+MILK; and to offer you, and produce for you, your own MOLESKINE® customer created printed and digital books and albums (“Moleskine® Photo Books”). The relationship between MOLESKINE and MILK is that of Licensor/Licensee, and there is no franchise, agency or partnership. MOLESKINE is not an affiliate of MILK. By registering as a Website user and purchasing products from the Website, whether Moleskine® Photo Books or MILK Photo Books, or any other MOLESKINE or MILK product offered on the Website, you are contracting exclusively with MILK.
11.11 Moleskine®, including the MOLESKINE name, logo, brand, and trademark, is the registered trademark of Moleskine® S.r.l, which has licensed MILK to use the brand and trademark. Your use of the Services, including your purchase of a Moleskine® Photo Book gives you no rights whatsoever to the MOLESKINE brand and trademark.
11.12 The images of the Products reproduced on the Website include Intellectual Property owned by MILK, by MOLESKINE, and by third parties who have supplied images, text, fabric designs and other design elements. We ask you to respect that Intellectual Property and by accepting these Terms you agree to do so.
12. ARCHIVING POLICY
12.1 The Website may allow storage of your Content and incomplete Products under your Account for ease of use. We will use reasonable commercial efforts to store the Content and incomplete Product for ninety (90) calendar days after the last edit date of that Product. You agree that we may delete Content and incomplete Products if we determine (in our sole discretion) that a Product has become inactive. We are not responsible for reminding you to edit your Product or keep it active, but may choose to do so at our discretion.
12.2 We intend to continue to store Content that is incorporated into a purchased Product indefinitely and reserve the right to:
- maintain and store the electronic files for any purchased Product to fulfil any further orders which may be placed by you for any such Product and to maintain an archival copy of any printed Product;
- create limits on our archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to offer you the opportunity to pay for extended storage of such data; and
- delete any archived data where your Account is terminated for any reason.
From time to time we may wish to publish the Content of certain instances of a Product on the Website. We will contact you if we wish to request your permission to include any Content from your Product on the Website and we will publish your Content only with your express prior consent.
13.1 If you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms we may in our sole discretion and without notice to you:
- refuse to accept or confirm any order;
- cancel any order that has not yet been confirmed, dispatched and/or delivered;
- suspend or terminate your Account and/or your access to the Website;
- suspend or terminate your licence to use the Services; or
- suspend or restrict your access to the Services (or any part thereof).
Where your Account is terminated for any reason we will delete all account and personal information including any archived data that has been stored pursuant to 13 above.
14. OUR SATISFACTION PROMISE AND WARRANTY
14.1 Our satisfaction promise can be found at https://www.milkbooks.com/satisfaction-promise/.
14.2 To the extent permitted by law, all other warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement are expressly disclaimed. We do not guarantee, represent, or warrant that your access to the Website and use of the Services will be uninterrupted or error-free. We reserve the right to remove or suspend access to the Website (or any Products, Services or other functionality provided through the Website) at any time and for any reason without notice to you. We expressly disclaim any representation, warranty or guarantee that the Website (or any Products, Services or other functionality provided through the Website) will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and to the extent permitted by law we expressly disclaim any liability relating thereto.
14.3 You expressly agree that your use of, or inability to use, the Services is at your sole risk. Whilst we will use reasonable commercial efforts to maintain the security and integrity of any Content or other material that you submit or upload through the Website, you acknowledge that there is an inherent risk of loss or corruption of data for which MILK and its directors, officers, employees, affiliates, agents, contractors, or licensors will not be liable.
15.1 We expressly disclaim any responsibility or liability for any Content or other material uploaded or downloaded through the Website.
15.2 To the extent permitted by law, in no event shall MILK be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, breach of privacy, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Website (including any functionality provided through the Website), however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if MILK has been advised of the possibility of such damages. In no event shall MILK's (including MILK's directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors) total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed in the aggregate the amount of fifty US dollars ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
15.3 In some states or jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. You agree that MILK provides a comprehensive service at a fair cost and, having considered all matters, you agree that the limitations of liability set out in these Terms are fair and reasonable.
15.4 You agree that any cause of action arising out of or related to the Website or Services must commence within one (1) year after the cause of action accrues.
16. WAIVER & INDEMNITY
16.1 By using the Services, you agree to indemnify and hold MILK, its directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Services, or any action taken by MILK as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. MILK, its directors, officers, employees, affiliates, agents, contractors, and licensors shall not be liable to you as a result of any decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Website, or to take any other action during the investigation of a suspected violation or as a result of MILK's conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.
Correspondence to MILK should be directed to email@example.com.. Where MILK needs to send communications direct to you we will use the contact details set out in your Account. Please ensure your contact information is kept up to date.
To the extent that any provision of these Terms is held to be invalid or unenforceable the remainder of these Terms will remain valid and enforceable to the extent permitted by law.
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or any other provision.
MILK will not be responsible for failure to fulfil any obligation due to causes beyond its reasonable control.
These Terms are governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum for the purpose of hearing any dispute in relation to these Terms.
Notwithstanding any other provision of these Terms, MILK and its licensors reserve the right to change, suspend, remove, or disable access to any service, products, content, or other materials comprising a part of the Services at any time without notice. In no event will we be liable to you or to any third party for exercising these rights. We may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.
We reserve the right to take all necessary steps to enforce or verify compliance with these Terms. You agree that MILK has the right, without liability to you, to disclose any Registration Data or Account information to law enforcement authorities or authorised government officials as MILK believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms (including but not limited to MILK's right to cooperate with any legal process relating to your use of the Services or Product, and/or a third-party claim that your use of the Services or Product is unlawful or infringes such third party's rights).
18. GIFT VOUCHERS, PRE-PURCHASE VOUCHERS AND DISCOUNT CODES
18.1 Gift vouchers and discount codes can only be redeemed at print.moleskine.com and may not be used in conjunction with any other offer. Only one discount offer/pre-purchase voucher may be applied per single transaction.
19.3 Gift vouchers are non-refundable, non-transferable and not redeemable for cash or any other vouchers or codes unless required by state or national law in your country of residence.
19.6 Gift Vouchers expire 12 months from the date of purchase.
19.7 Each Gift Voucher is valid for one time use only, and can only be used for a single transaction at print.moleskine.com. If a transaction exceeds the value stated, the customer will be required to pay any additional amount in order to complete said transaction. If a transaction is less than the value stated, the customer forfeits any balance not used, and no credit or cash will be owing, and unless otherwise stated the value of your voucher cannot be applied to any shipping costs incurred.
19.8 New Zealand & Australian customers will be subject to GST.
19.9 Any additional costs (i.e. extra pages) and shipping charges are processed in the currency selected at checkout by print.moleskine.com.
19.10 Risk of loss of gift voucher passes to the recipient upon delivery and/or transmission to the recipient. MILK will not be responsible for any loss (including theft) of voucher or code.
19.11 MILK has the right to cancel the voucher or code and request an alternative form of payment if any purchase or transaction using a fraudulently obtained voucher or promotional code is attempted at print.moleskine.com.
19.13 MILK is based in Auckland, New Zealand. These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
© MILK Tailor Made Books Limited. Last updated 12 October 2018