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Terms and Conditions

Last Updated: 01/01/2025

These Terms and Conditions (“Terms”) govern your purchase of the teddy bear featuring a QR code (“Teddy Bear”) and accompanying personalized dedication webpage (“Dedication Page,” collectively, the “Service”) provided by Nostoria (“Company,” “we,” “us,” or “our”). By placing an order or accessing the Dedication Page, you agree to be bound by these Terms. If you do not agree, please do not purchase or use the Service.

1. Description of the Service

1.1 Teddy Bear with QR Code
Our product includes a teddy bear printed with a QR code. When scanned, this code directs you (or anyone you share it with) to your unique Dedication Page. This personalized gift is intended to provide an interactive and meaningful way to celebrate your special moments.

1.2 Dedication Page
The Dedication Page is a customized web page that incorporates your photos, messages, dates, music, and other content (“User Content”) you provide to us. You may also request features such as a time capsule message, countdown, map of where you first met, or a live date counter.

1.3 Standard Design Format
Our Dedication Pages follow a standard design pattern, similar to the example shown at https://nostoria.com/gift. Your one-time payment covers this default design with your own content inserted (photos, text, dates, and other User Content). If you desire a significantly custom layout or additional features beyond our standard format, we reserve the right to refuse your request or charge an additional fee for the extra work required.

2. Eligibility and Orders

2.1 Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to purchase the Teddy Bear or use the Dedication Page.

2.2 Order Placement
By placing an order with us, you represent and warrant that:

  • You have provided accurate and complete information.
  • You will promptly update any information necessary to keep your order details current.
  • You are using valid payment information.

2.3 Order Acceptance
All orders are subject to acceptance by the Company. We may refuse or cancel any order at any time and for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

3. Payment and Pricing

3.1 One-Time Payment
You agree to pay the price displayed at checkout for the Teddy Bear and creation of the Dedication Page. This one-time payment covers:

  • The Teddy Bear itself.
  • The design and setup of a personalized Dedication Page following our standard format.
  • Hosting of the Dedication Page, indefinitely, subject to these Terms.

3.2 Additional Customization Fees
Any customization beyond the scope of our standard design (Section 1.3) may incur additional fees. If you request extensive changes, we will provide you with a quote for your review before proceeding.

3.3 No Ongoing Fees
There are no mandatory recurring or subscription fees for maintaining the Dedication Page once it is created. In the event we decide to introduce any additional services or premium features that require extra fees, such fees would be completely optional and at your discretion.

3.4 Taxes
All prices listed on our website are exclusive of any applicable taxes. Any applicable taxes will be added to your order total and will be clearly displayed at checkout.

4. Shipping and Delivery

4.1 Shipping Times
We estimate the Teddy Bear production to be completed within approximately 2 business days after your order is placed. The Dedication Page will be created within 3-5 business days once we receive all necessary User Content from you. Shipping times vary by location and are provided as estimates only.

4.2 Delayed or Failed Delivery
We will make every reasonable effort to ship your order within the estimated timeframe. However, we are not liable for any delays in delivery that are beyond our control (e.g., customs delays, carrier disruptions, unforeseen events).

4.3 Loss or Damage
Title and risk of loss transfer to you once we deliver the Teddy Bear to the carrier. If your shipment is lost or damaged in transit, please contact the carrier directly. While we are not liable for such issues, we will use reasonable efforts to assist you in resolving the situation.

5. User Content and Intellectual Property

5.1 User Content
You are solely responsible for all text, images, photos, audio, or other materials (“User Content”) you provide to us for use in the Dedication Page. You represent and warrant that you own or have the necessary licenses and permissions to grant us the right to use the User Content for creating and displaying the Dedication Page.

5.2 License to Company
By providing your User Content to us, you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and modify the User Content solely for the purpose of providing the Service.

5.3 Prohibited Content
You agree not to submit any User Content that:

  • Infringes on the intellectual property or privacy rights of any third party.
  • Contains hateful, discriminatory, or unlawful material.
  • Is false, misleading, or defamatory.

We reserve the right, at our sole discretion, to remove any User Content that violates these Terms or may otherwise be objectionable.

5.4 Company Intellectual Property
The website design, branding, logos, graphics, text, scripts, and any other materials created or provided by the Company, including the final layout of your Dedication Page (excluding your User Content), remain the exclusive property of the Company. You may not use or reproduce such materials without our prior written permission.

6. Privacy and Security

6.1 Privacy Policy
We respect your privacy. Any personal information we collect is subject to our Privacy Policy, which is incorporated herein by reference. By placing an order, you agree to the terms of our Privacy Policy.

6.2 Security Measures
We take commercially reasonable steps to protect your personal information and User Content. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

7. Refunds and Cancellations

7.1 Custom Service
Because the Dedication Page is custom-made and personalized, and the Teddy Bear is produced specifically for you, all sales are final once production commences.

7.2 Refund Requests
We may, at our sole discretion, consider refund requests if:

  • We have not started producing or customizing the Teddy Bear, and
  • We have not started creating the Dedication Page.

If you request a refund before we begin production or design work, please contact us immediately. Approval of any refund is at our sole discretion.

8. Disclaimer of Warranties

8.1 “As Is” Service
The Dedication Page and Teddy Bear are provided on an “as is” and “as available” basis. To the maximum extent permissible by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Guarantee of Error-Free Service
We do not guarantee that the Dedication Page will be uninterrupted, secure, or error-free. While we strive for a high level of quality and reliability, technical issues may arise from time to time.

9. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, agents, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Service.

In no event shall our total liability exceed the amount actually paid by you to the Company for the specific Teddy Bear and Dedication Page in dispute.

10. Indemnification

You agree to indemnify, defend, and hold the Company harmless from any claims, demands, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach of these Terms.
  • Your violation of any rights of a third party (e.g., copyright infringement).
  • Your misuse or unauthorized use of the Service.

11. Termination

We may, at our sole discretion, suspend or terminate your access to the Dedication Page if you violate these Terms, fail to pay any due fees, or engage in activity that harms or threatens to harm our business or reputation. In such cases, we shall have no liability to you for any suspension or termination.

12. Modifications to the Terms

We reserve the right to update or modify these Terms at any time without prior notice. The date of the latest version will be posted at the top of this document. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Greece, without regard to its conflict of law provisions. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Greece.

14. Miscellaneous

14.1 Entire Agreement
These Terms, along with any documents referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements or understandings.

14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

14.3 Waiver
Any failure by the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms.

By completing your purchase, you acknowledge that you have read, understood, and agree to these Terms and Conditions.