Terms and Conditions of Sale

SELLER IDENTIFICATION:

ARTICLE 1 - Scope of Application

 

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by "Book-Nook-Store" ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website www.book-nook-store.com ("the Website").

 

These Terms set out in particular the conditions governing ordering, payment, delivery and the management of any returns of Products ordered by Customers.

 

These General Terms and Conditions of Sale may be supplemented by specific conditions set out on the Website prior to any transaction with the Customer.

 

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or other distribution and marketing channels.

 

They are accessible at any time on the Website and shall prevail, where applicable, over any other version or contradictory document.

 

These General Terms and Conditions of Sale may be subject to subsequent amendments; the version applicable to the Customer's purchase is the one in force on the Website at the time the order is placed.

 

Amendments to these Terms are enforceable against Website users from the date they are published online and shall not apply to transactions concluded prior to that date.

 

Note for customers residing in the European Union, United Kingdom, Australia or Canada: Where mandatory consumer protection laws of your country of residence provide you with greater rights than those set out herein, those local statutory rights shall prevail to the extent required by applicable law.

 

ARTICLE 2 - Products Offered for Sale

 

The Products offered for sale on the Website are as follows:

 

"Book Nook Kits, Miniatures House, 3D Puzzles"

 

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the Website.

 

The Customer is required to review these before placing any order.

The selection and purchase of a Product is the sole responsibility of the Customer.

 

Photographs and graphics presented on the Website are for illustrative purposes only and do not form part of the contract. They shall not give rise to any liability on the part of the Seller.

 

The Customer is required to refer to the description of each Product in order to learn about its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a product, the minimum duration of the proposed contract.

 

Contractual information is presented in English and is confirmed at the latest at the time the Customer validates their order.

Customer reviews published on the Website may come from external sources. We endeavour to ensure the authenticity and accuracy of published reviews. However, we cannot be held responsible for the content of reviews or their accuracy, as these are the sole responsibility of their respective authors and the source platform.

In accordance with applicable data protection laws, any review containing personal information will only be published if the explicit consent of the person concerned has been obtained.

If you are the author of a review published on our Website and wish to have it removed, or if you have any concerns regarding a review, please contact us by email at: contact@book-nook-store.com or via our contact page.

The Products presented on the Website are offered for sale in the following territories:

 

United States, Canada, United Kingdom, Australia, and the European Union.

 

For orders shipped outside the United States, the Customer is responsible for complying with all applicable import regulations in their country of destination.

 

For all Products shipped outside the United States, prices may be displayed excluding applicable local taxes and import duties. Any customs duties, local taxes, import duties or state taxes that may be applicable shall be borne solely by the Customer.

 

ARTICLE 3 - Validity Period of Product Offers

 

Product offers are valid subject to available stock, as specified at the time the order is placed.

 

ARTICLE 4 - Seller Contact Details

 

The Seller's contact details are as follows:

 

5752861296

ARTICLE 5 - Orders

 

5-1. Placing an Order

 

It is the Customer's responsibility to select the Products they wish to order on the Website, according to the following procedure:

 

After selecting the products and validating the cart, the Customer must choose a delivery address and shipping method.

 

The Customer must then confirm their payment method.

 

Any order constitutes acceptance of the prices and descriptions of the Products available for sale.

 

The Seller acknowledges receipt of the order upon validation by sending a confirmation email.

The Customer has the opportunity to review the details of their order, its total price, and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.

 

An order is recorded on the Website when the Customer accepts these General Terms and Conditions of Sale by ticking the designated box and validates their order.

 

This validation implies acceptance of all of these General Terms and Conditions of Sale as well as the Website's general terms of use.

The sale is only final after the Seller sends the Customer an order acceptance confirmation by email, which must be sent without undue delay and after receipt by the Seller of full payment of the total price.

 

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the procedures described above, on the Website constitutes the formation of a distance contract between the Customer and the Seller.

 

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

 

The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists regarding payment of a previous order.

The Customer may track the progress of their order on the Website.

 

The Seller intends to sell Products on the Website exclusively to consumers and non-professionals for their personal use, and not to commercial resellers or businesses.

 

The Seller therefore reserves the right to refuse orders for the same Product in large quantities involving more than 5 identical items.

 

5-2. Order Modifications

 

Once confirmed and accepted by the Seller under the conditions described above, an order cannot be modified.

5-3. Order Cancellation

 

Once confirmed and accepted by the Seller, an order cannot be cancelled, except in the exercise of the right of return set out in Article 10 or in cases of force majeure.

 

ARTICLE 6 - Pricing

 

Products are supplied at the prices in force on the Website at the time the order is recorded by the Seller.

 

Prices are expressed in US Dollars (USD) or the currency displayed on the Website at the time of purchase.

 

Prices take into account any discounts that may be granted by the Seller on the Website.

 

These prices are firm and non-revisable during their validity period as indicated on the Website; the Seller reserves the right, outside this validity period, to modify prices at any time.

 

Prices do not include processing, shipping, transport and delivery charges, which are invoiced additionally under the conditions indicated on the Website and calculated prior to the placing of the order.

 

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery charges, as they appear at the time of order validation by the Customer, shall be borne entirely by the Customer.

 

The amount requested from the Customer corresponds to the total purchase price, including these charges.

 

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

 

ARTICLE 7 - Payment Terms

 

The price is payable in full at the time the order is placed by the Customer.

 

Order dispatch and delivery of the ordered Products are conditional upon effective payment by the Customer.

 

Payment is made by secure payment method, according to the following procedures:

 

• By credit or debit card: Visa, MasterCard, American Express.
• By Apple Pay or PayPal.

 

Payment by card is irrevocable, except in the case of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and restitution of the corresponding amounts in accordance with applicable banking regulations.

Payment data is exchanged in encrypted form using SSL/TLS security protocol.

 

Payments made by the Customer will only be considered final upon effective receipt of the amounts due by the Seller.

 

The Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of current orders placed by the Customer.

 

No additional charge exceeding the costs borne by the Seller for the use of a payment method may be invoiced to the Customer.

 

ARTICLE 8 - Deliveries

 

Article 8.1 – Delivery Times

 

Products ordered by the Customer will be delivered within seven to twenty business days from the confirmation of the order with effective payment on the Website. Delivery times may vary depending on the destination country.

 

Delivery constitutes the transfer to the Customer of physical possession or control of the Product.

 

Except in special circumstances or if one or more Products are unavailable, the ordered Products will be delivered in a single shipment.

 

If the ordered Products have not been delivered within 60 days of the confirmed order date, for any reason other than force majeure or an act attributable to the Customer, the Customer may request cancellation of the order by written notice to the Seller. The Customer will then be entitled to a full refund of all sums paid, which shall be processed within fourteen (14) days of the cancellation request.

 

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or to refund the Customer, as indicated in Article 11 – "Seller's Liability – Warranty".


Article 8.2 – Shipping Costs

Shipping costs for United States, Canada, Australia and the United Kingdom is free (no minimum purchase required).

For deliveries to other European Union countries and Switzerland, the shipping fee is $6.90.

For international deliveries, shipping starts from $9.90 and prices may vary by country. Please contact us for a quote.

Deliveries to islands may be possible; however, prices vary and may be higher — please contact us for a quote.

Book-Nook-Store reserves the right to modify or cancel these fees at any time without prior notice to customers.

 

Article 8.3 – Transport

 

The Seller bears the risks of transport and is responsible for reimbursing the Customer in the event of damage caused during transport where the Seller has arranged shipping.

 

Deliveries are carried out by an independent carrier to the address provided by the Customer at the time of ordering, at a location that is easily accessible to the carrier.

 

When the Customer has arranged their own carrier of their choosing, delivery is deemed to have taken place upon handover of the ordered Products by the Seller to the carrier, provided that the carrier has accepted the Products without reservation. In such cases, the Customer acknowledges that the carrier bears sole responsibility for delivery and that the Seller cannot be held liable for delivery failures.

 

In the event of a specific request by the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the related costs will be subject to a separate additional invoice, based on a quote previously accepted in writing by the Customer.

 

The Customer is required to check the condition of the delivered Products. They have 3 days from delivery to submit in writing (by post or email) any reservations or complaints regarding non-conformity or apparent defects of the delivered Products (for example, a damaged or already opened parcel), accompanied by all relevant supporting documents (photographs in particular).

 

After this period and in the absence of compliance with these formalities, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Seller, to the extent permitted by applicable law.

 

The Seller will refund or replace, as soon as possible and at its own expense, Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with applicable consumer protection laws and the provisions of these General Terms and Conditions of Sale.

 

ARTICLE 9 - Transfer of Ownership – Transfer of Risk

 

Title to the Products shall transfer to the Customer upon the Seller's acceptance of the order, constituting the parties' agreement on the goods and the price, regardless of the date of payment or delivery. Risk of loss or damage passes to the Customer upon delivery of the Products to the carrier or to the Customer, as applicable under the Uniform Commercial Code as adopted in the State of New Mexico.

 

ARTICLE 10 - Returns and Refunds

 

The Seller offers a 14-day return window from the date of receipt of the Product. Within this period, the Customer may return any Product for an exchange or refund, provided that the Products are returned in their original packaging and in perfect, unused condition within 10 days following notification to the Seller of the return request.

 

For customers residing in the European Union or the United Kingdom: In accordance with applicable consumer protection law (EU Consumer Rights Directive 2011/83/EU and the UK Consumer Rights Act 2015), you have a statutory right of withdrawal of fourteen (14) days from receipt of the Product, without having to provide any reason.

 

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

 

Damaged, soiled or incomplete Products will not be accepted for return.

 

Return requests may be submitted via the return form available on the Website or by any unambiguous written statement expressing the Customer's intention to return the Product, sent to contact@book-nook-store.com. The Seller will acknowledge receipt of the return request.

 

Where a return is accepted within the above-mentioned period, only the price of the purchased Product(s) and the original outbound delivery charges will be refunded; return shipping costs remain the Customer's responsibility, unless the return is due to a defect or error on the Seller's part.

 

The refund will be processed within 14 days of the Seller's receipt of the returned Product or of proof of return shipment, whichever is earlier.

 

ARTICLE 11 - Seller's Liability – Warranty

 

The Seller (EcomSphere Labs LLC - 704 Wallace St, Suite 341, Clovis, NM 88101, United States) provides the following warranties in connection with its Products.

 

Limited Warranty: The Seller warrants that the Products sold on the Website will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery. This limited warranty is provided in accordance with the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) and applicable provisions of the Uniform Commercial Code (UCC) as adopted in the State of New Mexico.

 

The Products provided by the Seller also benefit, automatically and at no additional cost:

 

• from the implied warranty of merchantability, meaning the Product is fit for the ordinary purposes for which such goods are used (UCC § 2-314);

 

• from the implied warranty of fitness for a particular purpose, where the Seller has reason to know of any particular purpose for which the goods are required and the Customer relies on the Seller's skill or judgment to select suitable goods (UCC § 2-315).

 

For customers in the European Union: You benefit from a statutory conformity warranty of two (2) years from the date of delivery under EU Directive 1999/44/EC (or applicable national implementing legislation). During the first twelve (12) months, any lack of conformity is presumed to have existed at delivery.

 

For customers in the United Kingdom: You benefit from statutory rights under the Consumer Rights Act 2015, including the right to a repair, replacement or refund for goods that are not of satisfactory quality, fit for purpose or as described.

 

For customers in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

Any warranty claim must be submitted to customer service within a reasonable time after discovery of the defect, accompanied by proof of purchase and supporting evidence (photographs, videos, detailed description of the problem). The Seller reserves the right to request additional information and to have the product inspected.

The warranty does not cover damage resulting from misuse, impact, improper installation, negligence, inadequate maintenance, unauthorised modification of the product, normal wear and tear, or exposure to moisture or extreme temperatures.

 

It also does not apply if the product has been used for professional, commercial or collective purposes. Products must be used in accordance with the instructions and specifications provided.

In the event of a confirmed defect covered by warranty, the Seller may choose between repair or replacement of the defective product, subject to available stock. If both options are impossible or disproportionate, a partial or full refund may be issued.


No exchange or refund can be processed without the prior return of the product in its entirety, wherever possible in its original packaging, following validation by customer service. Return shipping costs are the Customer's responsibility, unless the defect is confirmed after inspection.

The Seller cannot be held liable for a lack of conformity where this was known to the Customer or where the Customer could not have been unaware of the defect at the time of the order (in particular in the case of a product listed as refurbished, a display model, or with a minor defect described in the product listing).


In all cases, the Customer is invited to carefully check the condition of the parcel upon receipt. In the event of a visible anomaly (damaged or opened parcel, etc.), a complaint must be made immediately with the carrier and reported to customer service within 48 hours.

 

The warranty provided herein applies independently of any additional commercial warranty that may cover the Product.

 

Refunds for Products found to be non-conforming or defective will be processed within 30 days of the Seller's confirmation of the defect.

 

Refunds will be made to the original payment method used by the Customer at the time of purchase.

 

The Seller's liability shall not be engaged in the following cases:

 

• failure by the Customer to comply with the laws of the country in which the Products are delivered;

 

• misuse, use for professional purposes, negligence or failure to maintain the product, normal wear and tear, accident or force majeure.

 

The Seller's liability is, in any case, limited to the replacement or refund of non-conforming or defective Products, to the fullest extent permitted by applicable law.

 

Products purchased on the Website may benefit, in addition to the above warranties, from an optional paid extended warranty as indicated in the description of each relevant Product.

 

ARTICLE 12 - Personal Data Protection

 

The Seller collects and processes personal data provided by the Customer for the purposes of processing orders, issuing invoices, and managing customer relations, in accordance with the Website's Privacy Policy.

 

This data may be shared with partners of the Seller responsible for the execution, processing, management and payment of orders.

 

Depending on the Customer's country of residence, the following data protection laws may apply:

 

• United States: Including but not limited to the California Consumer Privacy Act (CCPA) for California residents.
• Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws.
• United Kingdom: The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• Australia: The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
• European Union: The General Data Protection Regulation (EU GDPR 2016/679).

 

The Customer may exercise their rights of access, rectification, erasure, portability, and objection to data processing in accordance with applicable law, as described in the Website's Privacy Policy.

 

ARTICLE 13 - Intellectual Property

 

In accordance with the Website's Terms of Use, the content of the Website is the property of Book-Nook-Store and its partners and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C.) and applicable trademark law.

 

Any total or partial reproduction of this content without prior written authorisation is strictly prohibited and may constitute an act of infringement subject to civil and criminal penalties.

 

ARTICLE 14 - Unforeseen Circumstances

 

In the event of an unforeseeable change in circumstances that makes performance of the contract excessively burdensome for one party, and which was not assumed as a risk at the time of contracting, the affected party may request renegotiation of the contract. This provision is intended to reflect the doctrine of commercial impracticability as recognised under Section 2-615 of the Uniform Commercial Code and applicable common law principles.

 

ARTICLE 15 - Force Majeure

 

Neither party shall be held liable for any failure or delay in performance of their obligations under these Terms if such failure or delay is caused by an event beyond their reasonable control, including but not limited to acts of God, natural disasters, war, government actions, pandemics, strikes, or disruptions to communications networks or supply chains ("Force Majeure Event"). This provision is consistent with the doctrine of force majeure as recognised under the laws of the State of New Mexico and applicable federal law.

 

ARTICLE 16 - Governing Law – Language

 

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by the laws of the State of New Mexico, United States, and applicable federal law, without regard to conflict of law principles.

 

Notwithstanding the foregoing, customers residing in the European Union, United Kingdom, Australia or Canada retain the benefit of any mandatory consumer protection provisions of their country of residence that cannot be contractually waived.

 

These Terms are written in English. In the event that they are translated into one or more other languages, the English text shall be authoritative in the event of a dispute.

 

ARTICLE 17 - Disputes

 

Informal Resolution: In the event of a dispute, the Customer is encouraged to first contact the Seller at contact@book-nook-store.com so that an amicable resolution may be sought before initiating any formal proceedings.

 

Arbitration (US Customers): For customers residing in the United States, any dispute arising out of or relating to these Terms or any purchase made on the Website that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Clovis, New Mexico, or by telephone/videoconference. Each party shall bear its own costs unless the arbitrator determines otherwise. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies.

 

Class Action Waiver (US Customers): To the fullest extent permitted by law, all disputes shall be resolved on an individual basis and not as part of a class, collective or representative action.

 

For customers in the United Kingdom: Disputes may be referred to an approved Alternative Dispute Resolution (ADR) provider or to the courts of England and Wales.

 

For customers in Australia: Disputes may be referred to the relevant state or territory consumer tribunal or to the Australian Competition and Consumer Commission (ACCC).

 

For customers in Canada: Disputes may be submitted to the applicable provincial consumer protection authority or to binding arbitration in accordance with the laws of the relevant province.

 

For customers in the European Union: The European Commission provides an online dispute resolution platform accessible at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

 

Customers who believe their data protection rights have been violated may file a complaint with the relevant data protection authority in their country of residence (e.g. the FTC in the US, the ICO in the UK, the CNIL in France, the OAIC in Australia, or the OPC in Canada).

 

ARTICLE 18 - Pre-contractual Information – Customer Acceptance

 

The act of placing an order on the Website by any person constitutes full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer.

 

 

ANNEX I - Applicable Warranty Provisions

 

Uniform Commercial Code (UCC) – Article 2 (as adopted in the State of New Mexico)

 

Implied Warranty of Merchantability (UCC § 2-314)

Unless expressly disclaimed, a seller who is a merchant with respect to goods of that kind warrants that the goods shall be merchantable, meaning fit for the ordinary purposes for which such goods are used, adequately packaged and labelled, and of fair average quality.

 

Implied Warranty of Fitness for a Particular Purpose (UCC § 2-315)

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgement to select or furnish suitable goods, there is an implied warranty that the goods shall be fit for such purpose.

 

Statute of Limitations (UCC § 2-725)

An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

 

Seller's Obligation upon Breach during Commercial Warranty (UCC § 2-719)

Where a remedy agreed upon in a commercial warranty fails of its essential purpose, the buyer may pursue other remedies available under the UCC. Any period during which the goods are held for repair or replacement may extend the applicable warranty period accordingly.

 

Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)

Where the Seller provides a written warranty on consumer products sold in the United States, such warranty is governed by the Magnuson-Moss Warranty Act. Consumers may be entitled to bring a civil action in any court of competent jurisdiction for failure to comply with any obligation under a written or implied warranty. The Act does not require the Seller to provide a written warranty, but where one is provided, its terms must be made available to the Consumer prior to purchase.

 

For EU customers – Conformity Warranty (EU Directive 1999/44/EC and applicable national law)

The seller is required to deliver goods that conform to the contract of sale. Goods shall be presumed to be in conformity with the contract if they are fit for the purposes for which goods of the same type are normally used, conform to the description given by the seller, possess the qualities of the sample or model shown to the consumer, and are fit for any particular purpose requested by the consumer and agreed upon at the time of contracting. Consumers have a minimum of two (2) years from delivery to bring a claim for lack of conformity.

 

For UK customers – Consumer Rights Act 2015

Goods sold to consumers in the United Kingdom must be of satisfactory quality, fit for purpose and as described. Where goods do not meet these standards, consumers have the right to a repair, replacement or refund. The short-term right to reject goods exists for 30 days from delivery. Thereafter, consumers may request repair or replacement, or a price reduction or final right to reject after one failed repair or replacement attempt.

 

For Australian customers – Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)

Under the Australian Consumer Law, consumers are entitled to consumer guarantees including that goods are of acceptable quality, fit for any disclosed purpose, match their description, and come with clear title. Where a major failure occurs, consumers are entitled to a replacement or refund. Where a failure is not major, consumers are entitled to have the failure remedied within a reasonable time.

 

ANNEX II - Return / Withdrawal Form

 

This form must be completed and returned only if the Customer wishes to return or withdraw from an order placed on www.book-nook-store.com, subject to the conditions set out in Article 10 of these General Terms and Conditions of Sale.

 

To the attention of:
EcomSphere Labs LLC
704 Wallace St, Suite 341
Clovis, NM 88101
United States
contact@book-nook-store.com

 

I, the undersigned, ……………………………………..(FIRST AND LAST NAME), residing at ……………………………. (ADDRESS), hereby notify you of my intention to return/withdraw from the contract referenced below:

• Order date: ……………………….
• Order number: ...........................................................
• Customer name: ...........................................................................
• Customer address: .......................................................................

 

Customer signature (only if this form is submitted on paper):